ORDER FOR RULE 26(f) PLANNING MEETING AND RULE 16(b) SCHEDULING CONFERENCE, AND ORDER RE RESOLUTION OF DISCOVERY DISPUTES CHARLES S. MILLER, Jr. , Magistrate Judge . IT IS ORDERED : RULE 26(f) MEETING & RULE 16(b) SCHEDULING CONFERENCE The court shall hold a Rule 16(b) initial pretrial scheduling/discovery conference on January 23, 2017, at 10:30 a.m. The scheduling conference will held by telephone conference call to be initiated by the court. In preparation for the conference,...
ORDER FOR RULE 26(f) PLANNING MEETING AND RULE 16(b) SCHEDULING CONFERENCE, AND ORDER RE RESOLUTION OF DISCOVERY DISPUTES CHARLES S. MILLER, Jr. , Magistrate Judge . IT IS ORDERED : RULE 26(f) MEETING & RULE 16(b) SCHEDULING CONFERENCE The court shall hold a Rule 16(b) initial pretrial scheduling/discovery conference on January 23, 2017, at 10:00 a.m. The scheduling conference will held by telephone conference call to be initiated by the court. In preparation for the conference,...
ORDER FOR RULE 269(f) PLANNING MEETING AND RULE 16(b) SCHEDULING CONFERENCE, AND ORDER RE RESOLUTION OF DISCOVERY DISPUTES CHARLES S. MILLER, Jr. , Magistrate Judge . IT IS ORDERED : RULE 26(f) MEETING & RULE 16(b) SCHEDULING CONFERENCE The court shall hold a Rule 16(b) initial pretrial scheduling/discovery conference on January 27, 2017, at 10:00 a.m. The scheduling conference will held by telephone conference call to be initiated by the court. In preparation for the conference,...
ORDER RE POSSIBLE QUESTIONS FOR CERTIFICATION TO THE NORTH DAKOTA SUPREME COURT SUPREME COURT CHARLES S. MILLER, Jr. , Magistrate Judge . As discussed with the parties during the most recent status conference, the court is inclined to certify questions to the North Dakota Supreme Court in this case. The following are the questions that are being considered for certification: 1. Given the facts this court has stated should be assumed as true (including that S/L Services treated Vail as an...
ORDER FOR RULE 26(f) PLANNING MEETING AND RULE 16(b) SCHEDULING CONFERENCE, AND ORDER RE RESOLUTION OF DISCOVERY DISPUTES CHARLES S. MILLER, Jr. , Magistrate Judge . IT IS ORDERED: RULE 26(f) MEETING & RULE 16(b) SCHEDULING CONFERENCE The court shall hold a Rule 16(b) initial pretrial scheduling/discovery conference on January 30, 2017, at 10:00 a.m. The scheduling conference will held by telephone conference call to be initiated by the court. In preparation for the conference, counsel...
ORDER CHARLES S. MILLER, Jr. , Magistrate Judge . On December 21, 2016, the parties filed what the court construes as a stipulation to amend the scheduling/discovery order. The court ADOPTS the parties' stipulation (Docket No. 32) and AMENDS the pretrial deadlines as follows: 1. The parties shall have until April 3, 2017 to complete fact discovery, and to file non-dispositive and threshold motions. 2. The Plaintiff shall provide the names of expert witnesses and complete reports by...
ORDER CHARLES S. MILLER, Jr. , Magistrate Judge . On July 1, 2016, defendant was conditionally released to Centre, Inc. pending trial. On December 21, 2016, she filed a "Motion to Approve Out of State Travel." She requests the court's permission to travel from North Dakota to Denver, Colorado, for a family Christmas. The Government objects to her request on the grounds that she has neither provided the court with her proposed itinerary nor otherwise contacted the Pretrial Services Office...
PROTECTIVE ORDER CHARLES S. MILLER, Jr. , Magistrate Judge . Upon consideration of the Stipulation by the parties for a Protective Order [Docket No. 52] pursuant to Federal Rule of Civil Procedure 26(c): IT IS HEREBY ORDERED: 1. As used in the Protective Order, these terms have the following meanings: "Attorneys" means counsel of record; "Confidential" documents are documents designated pursuant to paragraph 2; "Documents" are all materials within the scope of Fed. R. Civ. P. 34; "...
JUDGMENT CHARLES S. MILLER, Jr. , Magistrate Judge . On December 12, 2016, the jury returned a special verdict in the above case. (Doc. No. 111). On December 21, 2016, the parties filed a stipulation in which they agreed to a calculation of a final judgment amount of $1,087,422.33 based on the jury's verdict, including prejudgment interest to December 22, 2016. (Doc. No. 113). Based on the foregoing, IT IS ORDERED AND ADJUDGED that plaintiff Brandy Overcash, in her capacity as the person...
ORDER CHARLES S. MILLER, Jr. , Magistrate Judge . The court held a telephone conference with the parties on December 21, 2016, to discuss a dispute over a proposed protective order. Part of the dispute involves what defendants propose to do in filing their response to plaintiffs' motion for preliminary injunction, which, unless extended was due on December 22, 2016. Defendants advise that they want to restrict the identity of one or more persons who will be providing affidavits in support...
ORDER RE PRETRIAL SCHEDULING/ DISCOVERY PLAN CHARLES S. MILLER, Jr. , Magistrate Judge . In lieu of conducting an initial pretrial scheduling/discovery conference in this case pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED that each of the parties shall submit to the court a proposed pretrial plan by January 23, 2017. The proposed pretrial plan should cover any applicable items listed in the attached sample as well as any other items appropriate in...
ORDER FOR FINAL PRETRIAL CONFERENCE CHARLES S. MILLER, Jr. , Magistrate Judge . IT IS ORDERED: A final pretrial conference will be held before the magistrate judge on June 6, 2018 at 2:00 p.m. The conference will be conducted via telephone conference call to be initiated by the court. PRIOR TO PRETRIAL CONFERENCE Prior to the date of the final pretrial conference, counsel shall confer in person or by telephone for the purpose of examining and marking exhibits as detailed below. Two...
ORDER FOR RULE 26(f) PLANNING MEETING AND RULE 16(b) SCHEDULING CONFERENCE, AND ORDER RE RESOLUTION OF DISCOVERY DISPUTES CHARLES S. MILLER, Jr. , Magistrate Judge . IT IS ORDERED : RULE 26(f) MEETING & RULE 16(b) SCHEDULING CONFERENCE The court shall hold a Rule 16(b) initial pretrial scheduling/discovery conference on January 19, 2017 at 10:00 a.m. CDT. The scheduling conference will held by telephone conference call to be initiated by the court. In preparation for the conference,...
ORDER FOR FINAL PRETRIAL CONFERENCE CHARLES S. MILLER, Jr. , Magistrate Judge . IT IS ORDERED: A final pretrial conference will be held before the magistrate judge on July 10, `, at 2:00 p.m. The conference will be conducted via telephone conference call to be initiated by the court. PRIOR TO PRETRIAL CONFERENCE Prior to the date of the final pretrial conference, counsel shall confer in person or by telephone for the purpose of examining and marking exhibits as detailed below. Two (...
ORDER CHARLES S. MILLER, Jr. , Magistrate Judge . Before the court is a "Motion to Reconsider Order of Detention" filed by defendant on December 9, 2016. For the reasons set forth below, the motion is denied. On November 16, 2016, defendant appeared before the undersigned on a petition alleging that he had violated conditions of his supervised release. The court conditionally released him pending a revocation hearing on December 2, 2016. The revocation hearing was continued until January...
ORDER FOR RULE 26(f) PLANNING MEETING AND RULE 16(b) SCHEDULING CONFERENCE, AND ORDER RE RESOLUTION OF DISCOVERY DISPUTES CHARLES S. MILLER, Jr. , Magistrate Judge . IT IS ORDERED : RULE 26(f) MEETING & RULE 16(b) SCHEDULING CONFERENCE The court shall hold a Rule 16(b) initial pretrial scheduling/discovery conference on January 17, 2017, at 10:00 a.m. The scheduling conference will held by telephone conference call to be initiated by the court. In preparation for the conference,...
ORDER FOR FINAL PRETRIAL CONFERENCE CHARLES S. MILLER, Jr. , Magistrate Judge . IT IS ORDERED: A final pretrial conference will be held before the magistrate judge on October 9, 2018 at 2:00 p.m. The conference will be conducted via telephone conference call to be initiated by the court. PRIOR TO PRETRIAL CONFERENCE Prior to the date of the final pretrial conference, counsel shall confer in person or by telephone for the purpose of examining and marking exhibits as detailed below....
ORDER CHARLES S. MILLER, Jr. , Magistrate Judge . The court held status conference in the above-entitled action December 14, 2016. Pursuant to its discussion with the parties, the court shall, on its own motion, continue the final pretrial conference and trial. Accordingly, the final pretrial conference set for January 11, 2017, shall be rescheduled for April 5, 2017, at 2:00 p.m. by telephone. The court shall initiate the conference call. The jury trial set for January 24, 2017, shall be...
ORDER CHARLES S. MILLER, Jr. , Magistrate Judge . Before the court is the parties' Stipulation to Amend Scheduling /Discovery Plan (Docket No. 25), wherein the parties seek the court's leave to extend various deadlines set forth in the court's Scheduling Order. (Docket No. 17). The parties' stipulation is, in essence, a reformatted version of the court's prior order with some, but not all, dates changed. The court ADOPTS the parties' stipulation, in part. The following deadlines are...
ORDER FOR FINAL PRETRIAL CONFERENCE CHARLES S. MILLER, Jr. , Magistrate Judge . IT IS ORDERED: A final pretrial conference will be held before the magistrate judge on October 26, 2017 at 2:00 p.m. The conference will be conducted via telephone conference call to be initiated by the court. PRIOR TO PRETRIAL CONFERENCE Prior to the date of the final pretrial conference, counsel shall confer in person or by telephone for the purpose of examining and marking exhibits as detailed below....
