Technipower Systems, Inc.(fka TECZ)

[DD-214]

yes, here's the Case Management Report filed July 7th..


UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
____________________________________
)
SOLOMON TECHNOLOGIES, INC., )
)
Plaintiff, )
v. ) CASE NO. 8:05-cv-01702-JDW-MAP
)
TOYOTA MOTOR CORPORATION, )
TOYOTA MOTOR SALES, U.S.A., INC. )
TOYOTA MOTOR ENGINEERING AND )
MANUFACTURING NORTH AMERICA, )
INC., AND TOYOTA MOTOR )
MANUFACTURING KENTUCKY, INC., )
)
Defendants. )
____________________________________)
CASE MANAGEMENT REPORT
1. Meeting of Parties: Pursuant to Local Rule 3.05(c)(2)(B) or (c)(3)(A), a
meeting was held on _JUNE 29, 2009_______ (date) at _3:30pm_________ (time) (check
one) (X) by telephone (or) (__) at _______________________ (place) and was attended by:
Name Counsel for (if applicable)
Kenneth Stein Plaintiff
John Hornick, Mike O’Shaughnessy Defendants
2. Initial Disclosures:
a. Fed. R. Civ. P. 26(a)(1) as amended December 1, 2000 provides that
"[e]xcept in categories of proceedings specified in Rule 26(a)(1)(E), or to the extent
otherwise stipulated or directed by order, a party must, without awaiting a discovery
request, provide to other parties: (A) the name and, if known, the address and
telephone number of each individual likely to have discoverable information that the
disclosing party may use to support its claims or defenses, unless solely for
impeachment, identifying the subjects of the information; (B) a copy of, or a
description by category and location of, all documents, data compilations, and
tangible things that are in possession, custody, or control of the party and that the
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disclosing party may use to support its claims or defenses, unless solely for
impeachment; (C) a computation of any category of damages claimed by the
disclosing party, making available for inspection and copying as under Rule 34 the
documents or other evidentiary material, not privileged or protected from disclosure,
on which such computation is based, including materials bearing on the nature and
extent of injuries suffered; and (D) for inspection and copying as under Rule 34 any
insurance agreement under which any person carrying on an insurance business may
be liable to satisfy part or all of a judgment which may be entered in the action or to
indemnify or reimburse for payments made to satisfy the judgment." Fed. R. Civ. P.
26(a)(1)1
The parties (check one)
__X_ have exchanged information referenced by Fed. R. Civ. P.
26(a)(1)(A)-(D) or agree to exchange such information on or before
_11 days after the Court rules on Toyota’s summary
judgment motion (which is due no later than July 20, 2009)
(date).2
_____ stipulate to not disclose information referenced by Fed. R. Civ. P.
26(a)(1)(A)-(D) for the specific reason(s) that:
_____ have been unable to reach agreement on whether to disclose
information referenced by Fed. R. Civ. P. 26(a)(1)(A)-(D). (Identify
party or parties) ________________________ objects to disclosure of
such information for the specific reason(s) that:
1 A party must make its initial disclosures based on the information then reasonably available to it and is not
excused from making its disclosures because it has not fully completed its investigation of the case or because it
challenges the sufficiency of another party's disclosures or because another party has not made its disclosures.
See Fed. R. Civ. P. 26(a)(1).
2 Information referenced by Fed. R. Civ. P. 26(a)(1)A)-(D) must be made "at or within 14 days of the Rule 26(f)
conference unless a different time is set by stipulation or court order, or unless a party objects during the
conference that initial disclosures are not appropriate in the circumstances of the action and states the objection
in the Rule 26(f) discovery plan." Fed. R. Civ. P. 26(a)(1). Any party first served or otherwise joined after the
Rule 26(f) conference must make these disclosures within 30 days after being served or joined unless a different
time is set by stipulation or court order. See Fed. R. Civ. P. 26(a)(1).
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3. Discovery Plan - Plaintiff: The parties jointly propose the following Plaintiff's
discovery plan:
a. Plaintiff's Planned Discovery: A description of every discovery effort
Plaintiff plans to pursue is described below. The description of each discovery effort
will be listed under the appropriate heading below and will include the subject matter
of the discovery and the time during which the discovery will be pursued:
(1) Requests for Admission:
The parties jointly propose that the parties meet and confer
regarding the appropriate scope of discovery no later than
fourteen (14) days after the Court rules on Toyota’s motion for
summary judgment, and that the parties submit any unresolved
issues to the Court no more than seven (7) business days after
they finish meeting and conferring.
The parties further propose that requests for admissions relating
to the merits shall be limited to fifty (50) per side, and that such
requests for admissions shall be served no later than fourteen
(14) days after the close of fact and expert discovery. The parties
also propose that requests for admissions for purposes of
document authentication shall be limited to 150 in number per
side and shall be served so that responses are due no later than
14 days before the trial date.
Number of Requests for Admission: Parties may seek to limit the number of
Plaintiff's requests for admission in accordance with Fed. R. Civ. P. 26(b)(2).
Any such request must be made in paragraph 6 below and approved by the
court.
(2) Written Interrogatories:
The parties jointly propose that the parties meet and confer
regarding the appropriate scope of discovery no later than
fourteen (14) days after the Court rules on Toyota’s motion for
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summary judgment, and that the parties submit any unresolved
issues to the Court no more than seven (7) business days after
they finish meeting and conferring. The parties further propose
that discovery shall begin after the parties finish meeting and
conferring following the Court’s ruling on Toyota’s motion for
summary judgment, or after the Court rules on any issues
submitted to the Court following such meet and confer, whichever
is later.
The parties also propose that contention interrogatories shall be
limited to fifteen (15) per side (which shall be in addition to
twenty-five (25) regular interrogatories per side), and that such
contention interrogatories shall be served such that their
respective responses are due no later than three (3) business
days after the parties serve rebuttal expert disclosures, as set
forth in § 3.b, infra.
Number of Interrogatories: Local Rule 3.03(a) provides "nless otherwise
permitted by the Court for cause shown, no party shall serve upon any other
party, at one time or cumulatively, more than twenty-five (25) written
interrogatories pursuant to Rule 33, Fed. R. Civ. P., including all parts and
subparts." Any request by Plaintiff to exceed this limit must be made in
paragraph 6 below and approved by the court.
(3) Requests for Production or Inspection:
The parties jointly propose that the parties meet and confer
regarding the appropriate scope of discovery no later than
fourteen (14) days after the Court rules on Toyota’s motion for
summary judgment, and that the parties submit any unresolved
issues to the Court no more than seven (7) business days after
they finish meeting and conferring. The parties further propose
that discovery shall begin after the parties finish meeting and
conferring following the Court’s ruling on Toyota’s motion for
summary judgment, or after the Court rules on any issues
submitted to the Court following such meet and confer, whichever
is later.
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(4) Oral Depositions:
The parties jointly propose that the parties meet and confer
regarding the appropriate scope of discovery no later than
fourteen (14) days after the Court rules on Toyota’s motion for
summary judgment, and that the parties submit any unresolved
issues to the Court no more than seven (7) business days after
they finish meeting and conferring. The parties further propose
that discovery shall begin after the parties finish meeting and
conferring following the Court’s ruling on Toyota’s motion for
summary judgment, or after the Court rules on any issues
submitted to the Court following such meet and confer, whichever
is later.
The parties further propose that each side shall be limited to
twelve (12) depositions, excluding expert depositions, without
court consent.
Number of Depositions: Local Rule 3.02(b) provides, "n accordance with
Fed. R. Civ. P. 30(a)(2)(A) and 31(a)(2)(A), no more than ten depositions per
side may be taken in any case unless otherwise ordered by the Court." Any
request by Plaintiff to exceed this limit must be made in paragraph 6 below
and approved by the court.
Time Permitted for Each Deposition: Each deposition is limited to one day of
seven hours in accordance with Fed. R. Civ. P. 30(d)(2) unless extended by
agreement of the parties or order of Court.
The parties stipulate/request a court order to extend the time to take the
deposition of the following individuals:
Proposed length
Name of Deposition__ Grounds
None at this time.
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b. Disclosure of Expert Testimony: Parties stipulate, in accordance with
Fed. R. Civ. P. 26(a)(2)(C), that Plaintiff's Fed. R. Civ. P. 26(a)(2) disclosure will be
due as noted here:
The parties jointly propose that each party shall serve expert
witness disclosures on issues on which it bears the burden of
proof 81 days before the close of fact and expert discovery, that
each party shall serve expert witness disclosures on issues on
which the opposing party bears the burden of proof 51 days
before the close of fact and expert discovery, that each party shall
serve rebuttal expert witness disclosures 30 days before the
close of fact and expert discovery, and that expert depositions be
completed on or before the close of fact and expert discovery.
c. Supplementation of Disclosures and Responses: Parties agree that
Plaintiff's supplementation under Fed. R. Civ. P. 26(e) will be provided at the
following times:
Fourteen (14) days after the close of fact and expert discovery.
d. Completion of Discovery: Plaintiff will commence all discovery in
time for it to be completed on or before ____________ (date).
Nine (9) months after the parties finish meeting and conferring
following the Court’s ruling on Toyota’s motion for summary
judgment, or nine (9) months after the Court rules on any issues
submitted to the Court following such meet and confer, whichever
is later.
4. Discovery Plan - Defendant: The parties jointly propose the following
Defendant's discovery plan:
a. Defendant's Planned Discovery: A description of every discovery
effort Defendant plans to pursue is described below. The description of each
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discovery effort will be listed under the appropriate heading below and will include
the subject matter of the discovery and the time during which the discovery will be
pursued:
(1) Requests for Admission:
The parties’ joint proposal is set forth in § 3.a.1, supra.
Toyota also proposes that the scope of discovery shall be limited
to the scope of the issues remaining in this action, if any, after the
Court rules on Toyota’s motion for summary judgment.
Number of Requests for Admission: Parties may seek to limit the number of
Defendant's requests for admission in accordance with Fed. R. Civ. P.
26(b)(2). Any such request must be made in paragraph 6 below and approved
by the court.
(2) Written Interrogatories:
The parties’ joint proposal is set forth in § 3.a.2, supra.
Toyota also proposes that the scope of discovery shall be limited
to the scope of the issues remaining in this action, if any, after the
Court rules on Toyota’s motion for summary judgment.
Number of Interrogatories: Local Rule 3.03(a) provides "nless otherwise
permitted by the Court for cause shown, no party shall serve upon any other
party, at one time or cumulatively, more than twenty-five (25) written
interrogatories pursuant to Rule 33, Fed. R. Civ. P., including all parts and
subparts." Any request by Defendant to exceed this limit must be made in
paragraph 6 below and approved by the court.
(3) Requests for Production or Inspection:
The parties’ joint proposal is set forth in § 3.a.3, supra.
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Toyota also proposes that the scope of discovery shall be limited
to the scope of the issues remaining in this action, if any, after the
Court rules on Toyota’s motion for summary judgment.
(4) Oral Depositions:
The parties’ joint proposal is set forth in § 3.a.4, supra.
Toyota also proposes that the scope of discovery shall be limited
to the scope of the issues remaining in this action, if any, after the
Court rules on Toyota’s motion for summary judgment.
Number of Depositions: Local Rule 3.02(b) provides, "[I]n accordance with
Fed. R. Civ. P. 30(a)(2)(A) and 31(a)(2)(A), no more than ten depositions per
side may be taken in any case unless otherwise ordered by the Court." Any
request by Defendant to exceed this limit must be made in paragraph 6 below
and approved by the court.
Time Permitted for Each Deposition: Each deposition is limited to one day of
seven hours in accordance with Fed. R. Civ. P. 30(d)(2) unless extended by
agreement of the parties or order of Court.
The parties stipulate/request a court order to extend the time to take the
deposition of the following individuals:
Proposed length
Name of Deposition__ Grounds
None at this time.
b. Disclosure of Expert Testimony: Parties stipulate, in accordance with
Fed. R. Civ. P. 26(a)(2)(C), that Defendant's Fed. R. Civ. P. 26(a)(2) disclosure will
be due as noted here:
The parties’ joint proposal is set forth in § 3.b, supra.
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c. Supplementation of Disclosures and Responses: Parties agree that
Defendant's supplementation under Fed. R. Civ. P. 26(e) will be provided at the
following times:
The parties’ joint proposal is set forth in § 3.c, supra.
d. Completion of Discovery: Defendant will commence all discovery in
time for it to be completed on or before ____________ (date).
The parties’ joint proposal is set forth in § 3.d, supra.
5. Joint Discovery Plan - Other Matters: Parties agree on the following other
matters relating to discovery (e.g., handling of confidential information, assertion of
privileges, whether discovery should be conducted in phases or be limited to or focused upon
particular issues):
The parties agree that:
1. confidential information shall be governed by the Stipulated Protective
Order jointly filed on June 30, 2009 and as entered by the Court;
2. discovery must be served and depositions must be noticed sufficiently
in advance of the date set by the Court as the close of fact and expert
discovery so that responses are due, and depositions are completed, on or
before the close of discovery. Motions to compel may be filed within 14-days
after the date designated as the close of discovery;
3. the procedure set forth in Fed. R. Civ. P. 26(b)(5)(B) relating to the
production of privileged, work product, and/or trial preparation materials
should not be varied in this action, and such material dated after the filing date
of the action need not be logged.
6. Disagreement or Unresolved Issues Concerning Discovery Matters: Any
disagreement or unresolved issue will not excuse the establishment of discovery completion
dates. The parties are unable to agree as to the following issues concerning discovery:
As set forth in the Stipulated Protective Order and accompanying briefs filed
by the parties on June 30, 2009.
7. Third Party Claims, Joinder of Parties, Potentially Dispositive Motions:
Parties agree that the final date for filing motions for leave to file third party claims, motions
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to join parties shall be fourteen (14) days after the parties finish meeting and
conferring following the Court’s ruling on Toyota’s motion for summary
judgment, or after the Court rules on any issues submitted to the Court
following such meet and confer, whichever is later, motions for summary judgment,
and all other potentially dispositive motions should be 56 days after the close of fact
and expert discovery. (Note time limit in Local Rule 4.03.)
8. Settlement and Alternative Dispute Resolution: Pursuant to Local Rule
3.05(c)(2)(C)(v), the parties submit the following statement concerning their intent regarding
Alternative Dispute Resolution:
Parties agree that settlement is
_____likely (check one)
__X___unlikely.
Parties agree to consent to binding arbitration pursuant to Local Rules 8.02(a)(3) and 8.05(b).
_____ yes __X___no _____ likely to agree in future.
If binding arbitration is not agreed to, the court may order nonbinding arbitration pursuant to
Chapter Eight of the Local Rules of the Middle District of Florida, mediation pursuant to
Chapter Nine of the Local Rules of the Middle District of Florida, or both.
9. Consent to Magistrate Judge Jurisdiction: The parties agree to consent to the
jurisdiction of the United States Magistrate Judge for final disposition, including trial. See
28 U.S.C. § 636.
__X__ yes ____ no _____ likely to agree in future.
10. Preliminary Pretrial Conference:
Track Three Cases: Local Rule 3.05(c)(3)(B) provides that preliminary pretrial conferences
are mandatory in Track Three Cases.
Track Two Cases: Parties
_____ request (check one)
__X___do not request
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a preliminary pretrial conference before entry of a Case Management and Scheduling Order
in this Track Two case. Unresolved issues to be addressed at such a conference include:
11. Final Pretrial Conference and Trial: Parties agree that they will be ready for a
final pretrial conference on or after ___170 days after the close of fact and expert
discovery_____________ (date) and for trial on or after _200 days after the close of
fact and expert discovery_______________ (date). This Jury _X___ Non-Jury _____
trial is expected to take approximately _an unknown number of_ hours.
The parties can better predict the number of hours needed for trial after the
Court rules on Toyota’s motion for summary judgment.
12. Pretrial Disclosure and Final Pretrial Procedures: Parties acknowledge that
they are aware of and will comply with pretrial disclosures requirements in Fed. R. Civ. P.
26(a)(3) and final pretrial procedures requirements in Local Rule 3.06.
13. Other Matters:
None at this time.
Date: July 7, 2009
s/Kenneth L. Stein____________
Joseph Diamante
[e-mail]
Kenneth L. Stein
[e-mail]
Richard H. An
[e-mail]
Stroock & Stroock & Lavan LLP
180 Maiden Lane
New York, NY 10038
Phone: [phone]
Facsimile: 212-806-6006
s/John F. Hornick_____________
John F. Hornick
[e-mail]
James R. Barney
[e-mail]
Michael V. O'Shaughnessy
[e-mail]
Finnegan, Henderson, Farabow,
Garrett & Dunner, LLP
901 New York Ave., NW
Washington, DC 20001
Phone: [phone]
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- and -
Katherine C. Donlon
[e-mail]
Florida Bar No. 0066941
Fowler, White, Bogs, Banker, P.A.
501 East Kennedy Boulevard
Suite 1700
Tampa, Florida 33602
Phone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Facsimile: [phone]
- and -
William C. Guerrant, Jr.
Florida Bar No. 516058
[e-mail]
Trial Counsel
HILL, WARD & HENDERSON, P.A.
Suite 3700 – Bank of America Building
101 East Kennedy Boulevard
Post Office Box 2231
Tampa, Florida 33601
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
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