Thereafter, this Court granted Behrins' application to extend expert discovery. See
Memorandum & Order (Oct. 15, 2007), D.E. # 86, at 3. In response to defendants' complaints about their inability to obtain the various plaintiffs' medical records from Italy, the Court offered to issue an order that directed plaintiffs to produce the Italian medical records and that extended the time for defendants to serve their expert disclosure. See id.
at 3. Defendants accepted the Court's invitation, and moved for production of the Italian medical records and a modification of the schedule for expert disclosure.
Behrins agreed to produce the Italian medical records, but protested that the defense timetable was unrealistic. See
Letter from Jonathan Behrins, Counsel for Plaintiffs, to the Court (Oct. 22, 2007), D.E. # 91. The Court endorsed an order stating that it was “prepared to grant defendants' request (on consent) for the Italian medical records,” but directed the parties to confer about the schedule for expert disclosure and to submit a joint proposed schedule to be so-ordered by the Court. See
Endorsed Order (Oct. 25, 2007), D.E. # 93. As the parties could not agree upon a schedule, compare
Defendants' Proposed Discovery Schedule (Nov. 1 & 2, 2007), D.E. # 96, 97, 98, with
Plaintiffs' Proposed Discovery Schedule (Nov. 2, 2007), D.E. # 99, the Court entered its own schedule. See
Order (Nov. 5, 2007), D.E. # 100. In that order, the Court observed that “plaintiffs have had years to secure their own medical records from Italy,” and therefore rejected the prolonged schedule proposed by Behrins. See id.
Although the Court neglected to expressly direct plaintiffs to produce the Italian medical records, the spirit of the Court's order, as well as the parties' correspondence, made clear that plaintiffs were obligated to do so.