Locher v. Trinity Hospital, 1-17-cv-248. (2018)
Court: District Court, D. North Dakota
Number: infdco20180319825
Visitors: 23
Filed: Mar. 14, 2018
Latest Update: Mar. 14, 2018
Summary: ORDER FOR RULE 16(b) SCHEDULING CONFERENCE, AND ORDER RE RESOLUTION OF DISCOVERY DISPUTES CHARLES S. MILLER, JR. , Magistrate Judge . IT IS ORDERED : RULE 16(b) SCHEDULING CONFERENCE The court shall hold a Rule 16(b) initial pretrial scheduling/discovery conference on April 19, 2018, at 11:00 a.m. CST. The court shall initiate the conference call. The court will work with the parties at the scheduling conference to establish pretrial deadlines and formulate a scheduling and discovery pla
Summary: ORDER FOR RULE 16(b) SCHEDULING CONFERENCE, AND ORDER RE RESOLUTION OF DISCOVERY DISPUTES CHARLES S. MILLER, JR. , Magistrate Judge . IT IS ORDERED : RULE 16(b) SCHEDULING CONFERENCE The court shall hold a Rule 16(b) initial pretrial scheduling/discovery conference on April 19, 2018, at 11:00 a.m. CST. The court shall initiate the conference call. The court will work with the parties at the scheduling conference to establish pretrial deadlines and formulate a scheduling and discovery plan..
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ORDER FOR RULE 16(b) SCHEDULING CONFERENCE, AND ORDER RE RESOLUTION OF DISCOVERY DISPUTES
CHARLES S. MILLER, JR., Magistrate Judge.
IT IS ORDERED:
RULE 16(b) SCHEDULING CONFERENCE
The court shall hold a Rule 16(b) initial pretrial scheduling/discovery conference on April 19, 2018, at 11:00 a.m. CST. The court shall initiate the conference call. The court will work with the parties at the scheduling conference to establish pretrial deadlines and formulate a scheduling and discovery plan. Attached is a sample scheduling and discovery plan for the parties' reference.
RESOLUTION OF DISCOVERY DISPUTES
It is hereby ORDERED that the following steps be undertaken by all parties prior to the filing of any discovery motions:
1) The parties are strongly encouraged to informally resolve all discovery issues and disputes without the necessity of Court intervention. In that regard, the parties are first required to confer and fully comply with Rule 37(a)(1) of the Federal Rules of Civil Procedure and Local Rule 37.1 by undertaking a sincere, good faith effort to try to resolve all differences without Court action or intervention;
2) In the event that reasonable, good faith efforts have been made by all parties to confer and attempt to resolve any differences, without success, the parties are then required to schedule a telephonic conference with the Magistrate Judge in an effort to try to resolve the discovery dispute prior to the filing of any motions. The parties shall exhaust the first two steps of the process before any motions, briefs, memorandums of law, exhibits, deposition transcripts, or any other discovery materials are filed with the Court.
3) If the dispute still cannot be resolved following a telephonic conference with the Magistrate Judge, then the Court (Magistrate Judge) will entertain a motion to compel discovery, motion for sanctions, motion for protective order, or other discovery motions. In connection with the filing of any such motions, the moving party shall first fully comply with all requirements of Rule 37(a)(1) of the Federal Rules of Civil Procedure and Local Rule 37.1 and shall submit the appropriate certifications to the Court as required by those rules.
4) The Court will refuse to hear any discovery motion unless the parties have made a sincere, good faith effort to resolve the dispute and all of the above-identified steps have been strictly complied with. A failure to fully comply with all of the prerequisite steps may result in a denial of any motion with prejudice and may result in an award of costs and reasonable attorney's fees.
IT IS SO ORDERED.
SCHEDULING/DISCOVERY PLAN
Pursuant to Rule 26(f), counsel for the parties certify that on _________________, 200__ they conferred in person or by telephone person [conferences by e-mail or letter not permitted] to discuss the nature and basis of their clients' claims and defenses, the possibilities for a prompt settlement or resolution of the case, and a proposed discovery plan. After conferring, counsel for the parties have agreed upon the following [indicate any areas of disagreement and the position of each party as to the areas of disagreement]:
1. The parties have made (or shall make by ____) Rule 26(a)(1) disclosures as follows: (Include here a summary of the parties' agreement on subject matter, timing and form of Rule 26(a)(1) disclosures, but do not submit the disclosures themselves to the court.)
2. The issues on which the parties need to conduct discovery are: (list discovery issues and any agreement/disagreement on approach to discovery)
3. The parties shall have until ____ to complete fact discovery and to file discovery motions.
4. The parties shall provide the names of expert witnesses and complete reports under Rule 26(a)(2) as follows:
(Treating physicians need not prepare reports, only qualifications, unless they will express opinions not reflected in the medical records.) (Reports to be served on other parties, but not filed with the court.)
5. The parties shall have until ____ to complete discovery depositions of expert witnesses.
6. The parties shall have until ___ to move to join additional parties.
7. The parties shall have until ___ to move to amend pleadings to add claims or defenses, except for claims for punitive damages for which the deadline shall be ______.
8. The parties shall have until ___ to file other nondispositive motions (e.g., consolidation, bifurcation).
9. The parties shall have until ___ to file threshold motions (e.g., jurisdiction, qualified immunity, statute of limitations). Discovery (shall/shall not) be stayed during the pendency of such motions.
10. The parties shall have until ___ to file other dispositive motions (summary judgment as to all or part of the case).
11. Each party shall serve no more than ___ interrogatories, including subparts. No broad contention interrogatories (i.e., "List all facts supporting your claim that . . .") shall be used. (Show good cause for more than the 25 interrogatories allowed by Rule 33).
12. Each side shall take no more than ___ discovery depositions. (Show good cause for more than the 10 depositions allowed by Rule 30.)
13. Depositions taken for presentation at trial shall be completed ___ days before trial.
14. Counsel have discussed between themselves and explored with their clients early involvement in alternative dispute resolution. The following option(s) would be appropriate in this case:
_____ arbitration
_____ mediation (choose one):
_____ private mediator
_____ court-hosted early settlement conference-should the
conference be held before a judge who will not be the
trial judge?
_____ yes
_____ doesn't matter
_____ early neutral evaluation before (choose one):
_____ judge other than trial judge
_____ neutral technical expert
_____ neutral attorney
_____ other (specify)_______________________________
_____ none (explain reasons) _____________________.
The parties shall be ready to evaluate the case for settlement purposes by _____________. (If an ADR option other than a court-hosted settlement conference is chosen, counsel shall designate one of themselves to report back to the magistrate judge that the ADR effort was completed and whether or not it was successful). The court reminds the parties that early involvement in ADR is voluntary, not mandatory. Participation in ADR is encouraged by the court but is not required except for a settlement conference shortly before trial.
15. A mid-discovery status conference (would/would not) be helpful in this case. An appropriate time for the conference would be (list month).
16. The parties (will/will not) voluntarily waive their rights to proceed before a district judge and consent to have a magistrate judge conduct any and all further proceedings in the case, including the trial, and order the entry of a final judgment.
17. Trial of this case will be (jury/nonjury).
18. The estimated length of trial is _____ days.
**(Attorney Signatures)**
Source: Leagle
