Filed: Nov. 26, 2018
Latest Update: Nov. 26, 2018
Summary: SECOND STIPULATION, MOTION, AND PROPOSED ORDER TO AMEND SCHEDULE KIMBERLY J. MUELLER , District Judge . On September 4, 2018 (ECF No. 84), the Court approved a stipulation presented by Plaintiff United States of America and all of the defendants to this action ("Parties")—the United States of America and Roger J. LaPant, Jr., dba J&J Farms ("Mr. LaPant"), Goose Pond Ag, Inc., and Farmland Management Services (collectively, "Goose Pond Defendants")—to amend the schedule and impose a partial
Summary: SECOND STIPULATION, MOTION, AND PROPOSED ORDER TO AMEND SCHEDULE KIMBERLY J. MUELLER , District Judge . On September 4, 2018 (ECF No. 84), the Court approved a stipulation presented by Plaintiff United States of America and all of the defendants to this action ("Parties")—the United States of America and Roger J. LaPant, Jr., dba J&J Farms ("Mr. LaPant"), Goose Pond Ag, Inc., and Farmland Management Services (collectively, "Goose Pond Defendants")—to amend the schedule and impose a partial s..
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SECOND STIPULATION, MOTION, AND PROPOSED ORDER TO AMEND SCHEDULE
KIMBERLY J. MUELLER, District Judge.
On September 4, 2018 (ECF No. 84), the Court approved a stipulation presented by Plaintiff United States of America and all of the defendants to this action ("Parties")—the United States of America and Roger J. LaPant, Jr., dba J&J Farms ("Mr. LaPant"), Goose Pond Ag, Inc., and Farmland Management Services (collectively, "Goose Pond Defendants")—to amend the schedule and impose a partial stay of discovery. The reason for that stipulation was a proposed consent decree between the United States and the Goose Pond Defendants. To date, the United States' motion for entry of the proposed decree remains pending, and the Court recently vacated the November 16, 2018 hearing date (ECF No. 96).
Given that the Court's review of the proposed consent decree remains pending, the parties hereby stipulate, move, and propose that the Court amend its September 4, 2018 Order as set forth herein.
1. All remaining events should be rescheduled as follows:
Event Current Proposed
All discovery completed December 21, 2018 February 15, 2019
Last day to hear dispositive Feb. 22, 2019 April 5, 2019
motions
Joint Pretrial Statement Due May 23, 2019 June 20, 2019
Motions in Limine To be set upon
resolution of
dispositive motions No change; to be set upon
or at further resolution of dispositive
scheduling motions or at further
conference. scheduling conference.
Final Pretrial Conference Same as above No change; same as above
Trial Brief Same as above No change; same as above
Jury Trial (Liability) Same as above No change; same as above
Bench Trial (Remedy) Same as above No change; same as above
2. The Parties have met and conferred about an "Equipment Inspection,"1 and they agree that it may occur on November 27, 2018, starting at 10 a.m. at the location arranged by Mr. LaPant. No depositions may be taken between now and January 7, 2019, and all such notices and/or subpoenas that have already been issued or are forthcoming, including but not limited to notices and/or subpoenas for expert witnesses, shall be held in abeyance pending efforts to meet and confer (as discussed in the sentence that follows).2 The Parties shall, no later than December 14, 2018, complete their meet and confer regarding depositions, including without limitation, the date and place for each event. Depositions may again be taken starting on January 8, 2019, and continue through and including February 15, 2019, and following the Parties' meet-and-confer referenced above, the Parties are permitted to serve additional deposition notices and/or subpoenas in accordance with the agreed-upon dates and places. Notwithstanding any other provision in this stipulation, any and all objections by or on behalf of the Parties or deponents to the notices or subpoenas described herein are reserved, and any and all unresolved objections shall be served in writing on or before December 21, 2018. Additionally, notwithstanding any other provision of this stipulation, the deadline for any motion to quash or motion for a protective order, whether filed by a Party or a deponent to the notices or subpoenas described herein shall be tolled while those notices or subpoenas are held in abeyance (as stated in the second sentence of this paragraph). The time for such motions shall be based upon the date for compliance as determined through the Parties' meet and confer described herein and at the availability of the Court.
3. From now until the Court enters any consent decree between the United States and the Goose Pond Defendants, the Parties shall not: (a) propound or conduct any fact or expert discovery, written, oral, or otherwise, including but not limited to any depositions or any requests or subpoenas for documents, except as set forth in Paragraph 2 above and Paragraphs 4 through 6 below; and (b) conduct any law and motion practice, except for discovery motions as referenced in Paragraphs 4 and 5 below; motions to further amend the schedule; and motions for leave as referenced in Paragraph 6 below.
4. This stipulation, motion, and proposed Order does not prohibit the following discovery (and any related motion to compel or similar discovery motion) at any time:
a. Interrogatories solely between the United States and Mr. LaPant;
b. Requests for admission solely between the United States and Mr. LaPant;
c. Requests for documents solely between the United States and Mr. LaPant; and
d. Subpoena for documents and electronically stored information from third parties, provided that the third party is not either affiliated with the Goose Pond Defendants (i.e. current employee or affiliated business entity), is not a former employee, retained expert, or confidential consultant, and the subpoena does not otherwise seek documents that contain information in the possession or control of the subpoenaed third party, which is asserted to be privileged or protected from disclosure by the Goose Pond Defendants.3
5. This stipulation, motion, and proposed Order does not prohibit the United States and Mr. LaPant from taking any action to address or resolve disputes regarding any outstanding or future discovery requests solely between themselves, including any pending discovery motions or matters currently the subject of discussion among the Parties.
6. The Parties reserve their right to seek leave of Court for any appropriate relief from or related to the restrictions on discovery set forth in this stipulation, motion, and proposed Order upon a showing of good cause. By the same token, the Parties reserve their right to oppose any request for relief.
ORDER
Upon due consideration, and good cause shown, the Court approves the following:
Event Current Proposed
All discovery completed December 21, 2018 February 15, 2019
Last day to hear dispositive Feb. 22, 2019 April 5, 2019
motions
Joint Pretrial Statement Due May 23, 2019 Pretrial To be set upon resolution of
Statement due date dispositive motions or at
vacated, to be set upon further scheduling conference.
resolution of
dispositive motions or
at further scheduling
conference.
Motions in Limine Same as above No change; same as above
Final Pretrial Conference Same as above No change; same as above
Trial Brief Same as above No change; same as above
Jury Trial (Liability) Same as above No change; same as above
Bench Trial (Remedy) Same as above No change; same as above
In all other respects, the Court's prior Status and Scheduling Orders remain in effect.
