`
`C.A. No. 2023-1068-MTZ
`
`))))))))))))))))))
`
`PILOT CORPORATION, a Tennessee
`corporation,
`
`Plaintiff,
`
`v.
`
`GREG ABEL, KEVIN CLAYTON,
`MARC HAMBURG, MARK
`HEWETT, SCOTT THON,
`BERKSHIRE HATHAWAY INC., a
`Delaware corporation, NATIONAL
`INDEMNITY COMPANY, a
`Nebraska corporation, and PILOT
`TRAVEL CENTERS, LLC, a
`Delaware company,
`
`Defendants.
`[PROPOSED] ORDER GOVERNING
`CASE SCHEDULE
`
`WHEREAS, Plaintiff filed its Verified Complaint on October 23, 2023;
`
`IT IS HEREBY ORDERED, as follows:
`
`1.
`
`The following schedule shall govern the proceedings in this
`
`matter:
`
`(a)
`
`(b)
`
`(c)
`
`Parties substantially complete document production March 14, 2024
`
`Exchange of privilege logs
`
`Completion of fact discovery, including fact
`depositions (except for any fact discovery subject to
`a motion to compel or motion for protective order
`pending on this date)
`
`April 4, 2024
`
`June 21, 2024
`
`EFiled: Oct 31 2023 04:39PM EDT
`Transaction ID 71272771
`Case No. 2023-1068-MTZ
`
`
`
`(d)
`
`(e)
`
`(f)
`
`(g)
`
`(h)
`
`(i)
`
`(j)
`
`(k)
`
`(l)
`
`(m)
`
`(n)
`
`(o)
`
`Identification of Expert Witnesses and general
`subject matter of expert testimony
`
`Exchange of Opening Expert Reports and
`production of all materials relied upon by Experts
`and not produced previously by the Parties
`
`Exchange of Rebuttal Expert Reports and
`production of all materials relied upon in Rebuttal
`Expert Reports and not produced previously by the
`Parties
`
`June 28, 2024
`
`July 10, 2024
`
`August 10, 2024
`
`Completion of expert discovery, including expert
`depositions (except for any expert discovery subject
`to a motion to compel or motion for a protective
`order pending on this date)
`
`September 12,
`2024
`
`Identification of trial witnesses (including adverse
`and third-party witnesses and experts)
`
`September 21,
`2024
`
`Filing of motions in limine, if any.
`Opposition briefs to be filed 10 days after of
`motion; reply briefs to be filed 5 days thereafter
`
`October 3, 2024
`
`Defendants provide draft of the Pre-Trial Order
`
`Plaintiff provides initial draft of the Pre-Trial Order October 11,
`2024
`October 25,
`2024
`November 1,
`2024
`November 8,
`2024
`November ___,
`2024
`November 19-
`22, 2024, in
`Wilmington,
`Delaware
`
`Simultaneous filing of Pre-Trial Briefs
`
`Parties’ joint submission of Pre-Trial Order
`
`Pre-trial conference
`
`Four-day Trial
`
`2
`
`
`
`2.
`
`The Parties agree to meet and confer promptly regarding a
`
`confidentiality agreement, search terms, custodians, the form of production of
`
`electronically stored information and arrangements for any discovery to be taken
`
`from the parties’ agents and advisors.
`
`3.
`
`Production of documents shall commence on a rolling basis upon
`
`receipt of requests for production.
`
`4.
`
`Prior to production, the parties shall use their best efforts to de-
`
`duplicate any electronic material collected (including identical material transmitted
`
`between or among multiple custodians.). All documents produced shall be produced
`
`in electronic form, in accordance with specifications agreed upon by the Parties.
`
`5.
`
`Privilege logs need not include privileged documents that were
`
`created or sent after the date the litigation was filed. The parties need not log
`
`documents produced in redacted form.
`
`6.
`
`Depositions shall be taken on reasonable notice, and the Parties
`
`shall work together in good faith on the scheduling of depositions.
`
`7.
`
`Any party intending to file a motion for summary judgment shall
`
`file a letter no longer than five pages, double-spaced, setting forth the factual and
`
`legal bases for the motion. Within five business days after the filing of such a letter,
`
`the party against whom summary judgment would be sought may submit a response
`
`no longer than five pages, double-spaced, stating why leave to move for summary
`
`3
`
`
`
`judgment should be denied. The Court will then determine whether to grant leave to
`
`file a motion for summary judgment. If leave is granted, the Court will further
`
`determine whether the trial dates should be removed from the calendar to permit
`
`time to resolve the summary judgment motions.
`
`8.
`
`Any witness for trial pursuant to subparagraph 1(h) who has not
`
`previously been deposed in this action shall be made promptly available for
`
`deposition. Following the identification of trial witnesses, any Party may designate
`
`additional party witnesses for trial by agreement of the Parties or for good cause
`
`shown upon motion to the Court.
`
`9.
`
`The Parties shall work together to create a single set of trial
`
`exhibits without duplication, organized chronologically to the extent practicable, and
`
`to cite to them in their pre-trial briefs.
`
`10.
`
`The Parties may amend the dates set forth herein by written
`
`agreement, without Court approval, except that the dates for the submission of the
`
`pretrial order, the pre-trial conference date, and the trial date may be amended only
`
`by order of the Court.
`
`SO ORDERED this _____ day of ___________, 2023.
`
`The Honorable Morgan T. Zurn
`
`4
`
`
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