On June 24, 2024 a
Discovery Plan Index #4
was filed
involving a dispute between
Phillips, Kimberly,
and
Bgd5 Hotel, Llc,
for Personal Injury
in the District Court of Olmsted County.
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55-CV-24-4194
Filed in District Court
State of Minnesota
6/24/2024 9:28 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF OLMSTED THIRD JUDICIAL DISTRICT
PREMISE LIABILITY
______________________________________________________________________________
Kimberly Phillips,
Plaintiff,
v. Joint Proposed Rule 26.06(c)
Discovery Plan
BGD5 Hotel, LLC, d/b/a
DoubleTree by Hilton Rochester,
Defendant.
______________________________________________________________________________
Pursuant to Rule 26.06 Minn. R. Civ. P., counsel for the parties to this action have
conferred regarding the nature and basis of their claims and defenses and the possibilities for
promptly settling the case. The follow discovery plan has been agreed to and is provided to the
Court by the parties.
DISCLOSURES
The parties agree to exchange Initial Disclosures under Rule 26.01(a) 30 days after the
filing of this document.
SUBJECTS ON WHICH DISCOVERY IS NEEDED
The subjects on which the parties need to conduct discovery are liability and damages.
Discovery will focus on lay witnesses, expert witnesses, and relevant documents.
ELECTRONICALLY STORED INFORMATION
55-CV-24-4194
Filed in District Court
State of Minnesota
6/24/2024 9:28 AM
The parties do not believe issues of ESI are applicable to this case. However, to the
extent any such information exists, the parties agree it will be preserved for later use, if
necessary.
CLAIMS OF PRIVILEGE
The parties are aware of no issues of privilege at this time.
PROPOSED LIMITATIONS ON DISCOVERY
No limitations other than those contained in the Minnesota Rules of Civil Procedure are
necessary in this case.
OTHER ISSUES
The parties stipulate to the following deadlines:
1. The parties shall have until November 1, 2024, to complete discovery.
2. The parties shall have until February 1, 2025, to file dispositive/non-dispositive motions.
3. Plaintiff shall have until April 1, 2025, to provide the names of expert witnesses and
complete expert reports under Rule 26.01(b). Defendant shall have until May 1, 2025, to
provide the names of expert witnesses and complete expert reports under Rule 26.01(b).
Any rebuttal expert opinions must be disclosed 30 days after Defendant’s disclosure.
4. The parties shall have until January 1, 2025, to move to join additional parties or amend
the pleadings.
5. The parties agree to mediate this matter.
a. The parties agree to select an ADR neutral on or before September 1, 2024,
b. The parties recommend that the ADR process be completed by January 1, 2025.
6. The parties shall have until April 1, 2025 to complete independent medical examinations
pursuant to Minn. R. Civ. P. 35.
55-CV-24-4194
Filed in District Court
State of Minnesota
6/24/2024 9:28 AM
7. All trial depositions shall be completed at least one week before the first day of trial.
8. Trial of this case will be jury.
9. The estimated length of trial is _3-4_ days.
10. The parties agree that the case will be ready for trial on or after July 1, 2025.
11. Pretrial disclosures of witness and exhibit lists should be made 30 days before trial.
LAWYER FOR PLAINTIFF
6/24/2024
Dated: _____________________ By: _______________________________
Nathan H. Bjerke (#026670X)
8300 Norman Center Drive, Suite 1275
Bloomington, MN 55437
Phone: 952-832-5800
Email: nate@TSRInjuryLaw.com
LAWYER FOR DEFENDANT
Dated: _____________________
6/24/2024 By: _______________________________
/s/ Christopher J. Van Rybroek
Christopher J. Van Rybroek (#032514)
10160 Foley Boulevard NW, Suite 210
Coon Rapids, MN 55448
Phone: 763-757-2513
Email:
christpher_vanrybroek@staffdefense.co
m
Document Filed Date
June 24, 2024
Case Filing Date
June 24, 2024
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55-CV-24-4194 Filed in District Court State of Minnesota 6/24/2024 9:28 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF OLMSTED THIRD JUDICIAL DISTRICT PREMISE LIABILITY ______________________________________________________________________________ Kimberly Phillips, Plaintiff, v. Joint Proposed Rule 26.06(c) Discovery Plan BGD5 Hotel, LLC, d/b/a DoubleTree by Hilton Rochester, Defendant. ______________________________________________________________________________ Pursuant to Rule 26.06 Minn. R. Civ. P., counsel for the parties to this action have conferred regarding the nature and basis of their claims and defenses and the possibilities for promptly settling the case. The follow discovery plan has been agreed to and is provided to the Court by the parties. DISCLOSURES The parties agree to exchange Initial Disclosures under Rule 26.01(a) 30 days after the filing of this document. SUBJECTS ON WHICH DISCOVERY IS NEEDED The subjects on which the parties need to conduct discovery are liability and damages. Discovery will focus on lay witnesses, expert witnesses, and relevant documents. ELECTRONICALLY STORED INFORMATION 55-CV-24-4194 Filed in District Court State of Minnesota 6/24/2024 9:28 AM The parties do not believe issues of ESI are applicable to this case. However, to the extent any such information exists, the parties agree it will be preserved for later use, if necessary. CLAIMS OF PRIVILEGE The parties are aware of no issues of privilege at this time. PROPOSED LIMITATIONS ON DISCOVERY No limitations other than those contained in the Minnesota Rules of Civil Procedure are necessary in this case. OTHER ISSUES The parties stipulate to the following deadlines: 1. The parties shall have until November 1, 2024, to complete discovery. 2. The parties shall have until February 1, 2025, to file dispositive/non-dispositive motions. 3. Plaintiff shall have until April 1, 2025, to provide the names of expert witnesses and complete expert reports under Rule 26.01(b). Defendant shall have until May 1, 2025, to provide the names of expert witnesses and complete expert reports under Rule 26.01(b). Any rebuttal expert opinions must be disclosed 30 days after Defendant’s disclosure. 4. The parties shall have until January 1, 2025, to move to join additional parties or amend the pleadings. 5. The parties agree to mediate this matter. a. The parties agree to select an ADR neutral on or before September 1, 2024, b. The parties recommend that the ADR process be completed by January 1, 2025. 6. The parties shall have until April 1, 2025 to complete independent medical examinations pursuant to Minn. R. Civ. P. 35. 55-CV-24-4194 Filed in District Court State of Minnesota 6/24/2024 9:28 AM 7. All trial depositions shall be completed at least one week before the first day of trial. 8. Trial of this case will be jury. 9. The estimated length of trial is _3-4_ days. 10. The parties agree that the case will be ready for trial on or after July 1, 2025. 11. Pretrial disclosures of witness and exhibit lists should be made 30 days before trial. LAWYER FOR PLAINTIFF 6/24/2024 Dated: _____________________ By: _______________________________ Nathan H. Bjerke (#026670X) 8300 Norman Center Drive, Suite 1275 Bloomington, MN 55437 Phone: 952-832-5800 Email: nate@TSRInjuryLaw.com LAWYER FOR DEFENDANT Dated: _____________________ 6/24/2024 By: _______________________________ /s/ Christopher J. Van Rybroek Christopher J. Van Rybroek (#032514) 10160 Foley Boulevard NW, Suite 210 Coon Rapids, MN 55448 Phone: 763-757-2513 Email: christpher_vanrybroek@staffdefense.co m