Filed: Oct. 22, 2015
Latest Update: Oct. 22, 2015
Summary: ORDER CHARLES S. MILLER, Jr. , Magistrate Judge . On September 25, 2015, the parties filed "Stipulation for Continuance." They also submitted an amended scheduling and discovery plan for the court's consideration. The court ADOPTS the parties' stipulation (Docket No. 42). The court's scheduling order shall be amended as follows: 1. The parties shall have until February 1, 2016, to complete fact discovery and to file discovery motions. 2. The parties shall provide the names of expert wit
Summary: ORDER CHARLES S. MILLER, Jr. , Magistrate Judge . On September 25, 2015, the parties filed "Stipulation for Continuance." They also submitted an amended scheduling and discovery plan for the court's consideration. The court ADOPTS the parties' stipulation (Docket No. 42). The court's scheduling order shall be amended as follows: 1. The parties shall have until February 1, 2016, to complete fact discovery and to file discovery motions. 2. The parties shall provide the names of expert witn..
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ORDER
CHARLES S. MILLER, Jr., Magistrate Judge.
On September 25, 2015, the parties filed "Stipulation for Continuance." They also submitted an amended scheduling and discovery plan for the court's consideration. The court ADOPTS the parties' stipulation (Docket No. 42). The court's scheduling order shall be amended as follows:
1. The parties shall have until February 1, 2016, to complete fact discovery and to file discovery motions.
2. The parties shall provide the names of expert witnesses and complete reports under Rule 26(a)(2) by February 15, 2016.
3. The parties shall have until March 15, 2016, to compete discovery depositions of expert witnesses.
4. The parties shall have until January 5, 2016, to move to join additional parties.
5. The parties shall have until January 5, 2016, to move to amend pleadings to add claims or defenses, except that claims for punitive damages for which the deadline shall be April 1, 2016.
6. The parties shall have until December 1, 2015, to file other nondispositive motions (e.g., consolidation, birfurcation).
7. The parties shall have until December 1, 2015, to file threshold motions (e.g., jurisdiction, qualified immunity, statute of limitations). Discovery shall not be stayed during the pendency of such motions.
8. The parties shall have until April 1, 2016, to file other dispositive motions (summary judgment as to all or part of the case).
The final pretrial conference set for February 24, 2016, shall be rescheduled for August 24, 2016, at 1:30 p.m. The jury trial set for March 8, 2016, shall be rescheduled for September 7, 2016, at 9:30 a.m. in Bismarck before Judge Hovland. A three (3) day trial is anticipated.
IT IS SO ORDERED.
SECOND AMENDED SCHEDULING/DISCOVERY PLAN
Pursuant to Rule 26(f), counsel for the parties certify that on February 13, 2014, they conferred in person or by telephone 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:
1. The parties shall make Rule 26(a)(1) disclosures as follows: All initial disclosures as provided for by Rule 26(a)(1) shall be made by no later than April 15, 2014.
2. The issues on which the parties need to conduct discovery relate to the claims raised in the Complaint and the defenses asserted in the Answer to the Complaint, including as they may arise from amended pleadings.
3. The parties shall have until January 5, 2016 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: No later than February 15, 2016.
5. The parties shall have until March 1, 2016 to complete discovery depositions of expert witnesses.
6. The parties shall have until January 5, 2016 to move to join additional parties.
7. The parties shall have until January 5, 2016 to move to amend pleadings to add claims or defenses, except for claims for punitive damages for which the deadline shall be June 15, 2016.
8. The parties shall have until December 1, 2015 to file other nondispositive motions (e.g., consolidation, bifurcation).
9. The parties shall have until December 1, 2015 to file threshold motions (e.g., jurisdiction, qualified immunity, statute of limitations). Discovery shall not be stayed during the pendency of such motions.
10. The parties shall have until February 1, 2016 to file other dispositive motions (summary judgment as to all or part of the case).
11. Each party shall serve no more than 25 interrogatories, including subparts. No broad contention interrogatories (i.e., "List all facts supporting your claim that . . .") shall be used.
12. Each side shall take no more than 5 discovery depositions.
13. Depositions taken for presentation at trial shall be completed 10 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
X mediation (choose one):
____ private mediator
X court-hosted early settlement conference-should the conference be held before a judge who will not be the trial judge?
X 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 January 5, 2016. (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 be helpful in this case. An appropriate time for the conference would be January of 2016.
16. The parties have not mutually voluntarily waived their rights to proceed before a district judge or consented 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.
18. The estimated length of trial is three (3) days.
Dated this 25th day of September, 2015.
BORMANN, MYERCHIN & ESPESETH, LLP
Attorneys for Plaintiffs
418 E. Broadway Ave, Suite 240
P.O. Box 995
Bismarck, ND 58502-0995
Phone: (701) 250-8968
Email: cedison@bmellp.com
BY: __________________________
Chris A. Edison (ID# 05362)
Dated this 25 day of Sept 2015.
KELSCH, KELSCH, RUFF & KRANDA
Attorneys for Defendants
103 Collins Avenue
PO Box 1266
Mandan, ND 58554
Phone: (701) 663-9818
Fax: (701) 663-9810
Email: dnagle@kelschlaw.com
BY: _____________________________________
Daniel Nagle (ID# 05959)
ORDER
The above scheduling/discovery plan is approved with no additions or modifications.
Dated this ____ day to _________, 2015.
______________________________________________
Charles S. Miller, Jr., Magistrate Judge
United States District Court
