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Montgomery County Common Pleas Court
ELECTRONICALLY FILED
Redacted by Clerk of Court COURT OF COMMON PLEAS
Wednesday, August 07, 2013 10:49:04 AM
CASE NUMBER: 2013 CV 03471 Docket ID: 18367280
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHI
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
THE ESTATE OF KYLEN ENGLISH CASE NO. 2013 CV 03471
BY RACHEL SHAW, ADMINISTRATOR,
etal., JUDGE FRANCES E. MCGEE
Plaintiff(s), FINAL PRETRIAL ORDER
-vs-
JAMES H. DAVIS, M.D.,
Defendant(s).
Pursuant to the pretrial scheduling conference held in this case, it is hereby ORDERED that the
following deadline dates be established. Terms, conditions, and requirements regarding the established
deadlines are set forth in Rule 2.01, Section V.A.3 of the Local Rules of Practice and Procedures for the
General Division of the Montgomery County Common Pleas Court.
DISCOVERY DEADLINES:
SEPTEMBER 03, 2013 PLAINTIFF(S)
DISCLOSURE OF EXPERTS’ (PDE)
OCTOBER 18, 2013 DEFENDANT(S)
DISCLOSURE OF EXPERTS (DDE)
AUGUST 25, 2014 COMPLETION OF ALL
DISCOVERY (COD)
MAY 27, 2014 FILING DEADLINE FOR
MOTIONS TO ADD A NECESSARY
PARTY (E.G. SUBROGATED INSURERS,
ETC.)
MOTIONS FOR SUMMARY JUDGMENT:
JUNE 24, 2014 FILING DEADLINE (SJ)
RESPONSE FILED WITHIN 14 DAYS OF
MOVANT’S FILINGIT IS FURTHER ORDERED as follows:
MOVANT’S REPLIES FILED WITHIN 7
DAYS OF RESPONDENT'S FILING
TRIAL MATERIALS EXCHANGE:
AUGUST 29, 2014DEADLINE FOR TRIAL
MATERIALS EXCHANGE (DTME)
SEPTEMBER 05, 2014 DEADLINE FOR
OBJECTIONS TO TRIAL,
MATERIALS (DOTM)
SEPTEMBER 05, 2014 DEADLINE FOR
FILING JOINT PRETRIAL STATEMENT
(PTS)
AUGUST 26, 2014 DEADLINE FOR
FILING DAUBERT CHALLENGES IS TEN
WORKING DAYS PRIOR TO FINAL,
PRETRIAL CONFERENCE (DC)
PERPETUATION OF TRIAL TESTIMONY:
SEPTEMBER 08, 2014 PLAINTIFF(S)
DEADLINE FOR TAKING OF
PERPETUATION DEPOSITIONS (PDPD)
SEPTEMBER 15, 2014 DEFENDANT(S)
DEADLINE FOR TAKING OF
PERPETUATION DEPOSITIONS (DDPD)
SEPTEMBER 18, 2014 DEADLINE FOR
FILING OF PERPETUATION
DEPOSITIONS IS THREE WORKING
DAYS PRIOR TO TRIAL (DPD)
SEPTEMBER 12, 2014 FINAL PRETRIAL
CONFERENCE AT 9:15 A.M. IN
CHAMBERS
SEPTEMBER 22, 2014 AT 9:00 A.M.
JURY TRIAL
FINAL PRETRIAL CONFERENCE
This case is scheduled for final chambers pretrial conference on September 12, 2014 at 9:15 a.m.
FAILURE TO APPEAR AT THE FINAL PRETRIAL CONFERENCE OR TRIAL, OR
FAILURE TO HAVE A WELL INFORMED SUBSTITUTE AVAILABLE, WILL RESULT IN
DISMISSAL OF THE ABSENT PARTIES' CLAIMS FOR FAILURE TO PROSECUTE UNDER
NCIVIL RULE 41(B)(1), OR, IF APPROPRIATE, THE CASE WILL PROCEED WITHOUT THE
ABSENT PARTY OR COUNSEL. COUNSEL AND/OR PARTIES WHO FAIL TO APPEAR MAY
ALSO BE SUBJECT TO OTHER APPROPRIATE SANCTIONS.
TRIAL DATE
This case is scheduled for a jur
al for the week of September 22, 2014 at 9:00 a.m. on a specific
date determined by the Court. Jury lists and jury questionnaires will be available to counsel in Jury Services
after 2:00 p.m. on the Friday prior to the trial date. For possible early procurement of the list and
questionnaires, please call 225-4704.
The parties will note the Court will not be in session on Tuesday of the week set for trial due to the
fact the Court has matters pertaining to its criminal docket which will be taken care of at that time. However,
if the week this case is set for trial is also a priority week, your case may be assigned to the Visiting Judge
for trial, and you would be in session Tuesday. Accordingly, before you schedule witnesses, please check
with the bailiff as to whether your assignment will require you to be in session Tuesday.
It is the responsibility of all parties to notify the Court of any settlement or dismissal.
SO ORDERED:
JUDGE FRANCES E. MCGEE
This document is electronically filed by using the Clerk of Courts e-Filing system, The system will post a record of the
filing to the e-Filing account "Notifications" tab of the following case participants:
JAMES R. GREENE, IIL
(937) 225-3991
Attorney for Plaintifis
LAURA G. MARIANI
(937) 225-5780
Attorney for Defendant, James Davis, M.D.
LEONARD J. BAZELAK
(937) 222-2424
Attorney for Non Party - Service Of Electronic Notification, City Of Dayton
NEIL F. FREUND
(937) 222-2424
Attorney for Non Party - Service Of Electronic Notification, City Of Dayton
STELLA AUZENNE, Bailiff (937) 225-4368General Divison
Montgomery County Common Pleas Court
41N. Perry Street, Dayton, Ohio 45422
Type: Final Pretrial Order
Case Number: 2013 CV 03471
Case Title: RACHEL SHAW vs JAMES DAVIS
So Ordered
Sh an cea > Mier
Electronically signed by fmogee on 2NNNNNE'S0:39 page 4 of 4
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Montgomery County Common Pleas Court ELECTRONICALLY FILED Redacted by Clerk of Court COURT OF COMMON PLEAS Wednesday, August 07, 2013 10:49:04 AM CASE NUMBER: 2013 CV 03471 Docket ID: 18367280 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHI IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO THE ESTATE OF KYLEN ENGLISH CASE NO. 2013 CV 03471 BY RACHEL SHAW, ADMINISTRATOR, etal., JUDGE FRANCES E. MCGEE Plaintiff(s), FINAL PRETRIAL ORDER -vs- JAMES H. DAVIS, M.D., Defendant(s). Pursuant to the pretrial scheduling conference held in this case, it is hereby ORDERED that the following deadline dates be established. Terms, conditions, and requirements regarding the established deadlines are set forth in Rule 2.01, Section V.A.3 of the Local Rules of Practice and Procedures for the General Division of the Montgomery County Common Pleas Court. DISCOVERY DEADLINES: SEPTEMBER 03, 2013 PLAINTIFF(S) DISCLOSURE OF EXPERTS’ (PDE) OCTOBER 18, 2013 DEFENDANT(S) DISCLOSURE OF EXPERTS (DDE) AUGUST 25, 2014 COMPLETION OF ALL DISCOVERY (COD) MAY 27, 2014 FILING DEADLINE FOR MOTIONS TO ADD A NECESSARY PARTY (E.G. SUBROGATED INSURERS, ETC.) MOTIONS FOR SUMMARY JUDGMENT: JUNE 24, 2014 FILING DEADLINE (SJ) RESPONSE FILED WITHIN 14 DAYS OF MOVANT’S FILINGIT IS FURTHER ORDERED as follows: MOVANT’S REPLIES FILED WITHIN 7 DAYS OF RESPONDENT'S FILING TRIAL MATERIALS EXCHANGE: AUGUST 29, 2014DEADLINE FOR TRIAL MATERIALS EXCHANGE (DTME) SEPTEMBER 05, 2014 DEADLINE FOR OBJECTIONS TO TRIAL, MATERIALS (DOTM) SEPTEMBER 05, 2014 DEADLINE FOR FILING JOINT PRETRIAL STATEMENT (PTS) AUGUST 26, 2014 DEADLINE FOR FILING DAUBERT CHALLENGES IS TEN WORKING DAYS PRIOR TO FINAL, PRETRIAL CONFERENCE (DC) PERPETUATION OF TRIAL TESTIMONY: SEPTEMBER 08, 2014 PLAINTIFF(S) DEADLINE FOR TAKING OF PERPETUATION DEPOSITIONS (PDPD) SEPTEMBER 15, 2014 DEFENDANT(S) DEADLINE FOR TAKING OF PERPETUATION DEPOSITIONS (DDPD) SEPTEMBER 18, 2014 DEADLINE FOR FILING OF PERPETUATION DEPOSITIONS IS THREE WORKING DAYS PRIOR TO TRIAL (DPD) SEPTEMBER 12, 2014 FINAL PRETRIAL CONFERENCE AT 9:15 A.M. IN CHAMBERS SEPTEMBER 22, 2014 AT 9:00 A.M. JURY TRIAL FINAL PRETRIAL CONFERENCE This case is scheduled for final chambers pretrial conference on September 12, 2014 at 9:15 a.m. FAILURE TO APPEAR AT THE FINAL PRETRIAL CONFERENCE OR TRIAL, OR FAILURE TO HAVE A WELL INFORMED SUBSTITUTE AVAILABLE, WILL RESULT IN DISMISSAL OF THE ABSENT PARTIES' CLAIMS FOR FAILURE TO PROSECUTE UNDER NCIVIL RULE 41(B)(1), OR, IF APPROPRIATE, THE CASE WILL PROCEED WITHOUT THE ABSENT PARTY OR COUNSEL. COUNSEL AND/OR PARTIES WHO FAIL TO APPEAR MAY ALSO BE SUBJECT TO OTHER APPROPRIATE SANCTIONS. TRIAL DATE This case is scheduled for a jur al for the week of September 22, 2014 at 9:00 a.m. on a specific date determined by the Court. Jury lists and jury questionnaires will be available to counsel in Jury Services after 2:00 p.m. on the Friday prior to the trial date. For possible early procurement of the list and questionnaires, please call 225-4704. The parties will note the Court will not be in session on Tuesday of the week set for trial due to the fact the Court has matters pertaining to its criminal docket which will be taken care of at that time. However, if the week this case is set for trial is also a priority week, your case may be assigned to the Visiting Judge for trial, and you would be in session Tuesday. Accordingly, before you schedule witnesses, please check with the bailiff as to whether your assignment will require you to be in session Tuesday. It is the responsibility of all parties to notify the Court of any settlement or dismissal. SO ORDERED: JUDGE FRANCES E. MCGEE This document is electronically filed by using the Clerk of Courts e-Filing system, The system will post a record of the filing to the e-Filing account "Notifications" tab of the following case participants: JAMES R. GREENE, IIL (937) 225-3991 Attorney for Plaintifis LAURA G. MARIANI (937) 225-5780 Attorney for Defendant, James Davis, M.D. LEONARD J. BAZELAK (937) 222-2424 Attorney for Non Party - Service Of Electronic Notification, City Of Dayton NEIL F. FREUND (937) 222-2424 Attorney for Non Party - Service Of Electronic Notification, City Of Dayton STELLA AUZENNE, Bailiff (937) 225-4368General Divison Montgomery County Common Pleas Court 41N. Perry Street, Dayton, Ohio 45422 Type: Final Pretrial Order Case Number: 2013 CV 03471 Case Title: RACHEL SHAW vs JAMES DAVIS So Ordered Sh an cea > Mier Electronically signed by fmogee on 2NNNNNE'S0:39 page 4 of 4