Filed: Mar. 13, 2020
Latest Update: Mar. 13, 2020
Summary: ORDER RE PRETRIAL SCHEDULING/DISCOVERY PLAN CLARE R. HOCHHALTER , 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 April 13, 2020. The proposed pretrial plan should cover any applicable items listed in the attached sample as well as any other items appropriate in this cas
Summary: ORDER RE PRETRIAL SCHEDULING/DISCOVERY PLAN CLARE R. HOCHHALTER , 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 April 13, 2020. The proposed pretrial plan should cover any applicable items listed in the attached sample as well as any other items appropriate in this case..
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ORDER RE PRETRIAL SCHEDULING/DISCOVERY PLAN
CLARE R. HOCHHALTER, 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 April 13, 2020. The proposed pretrial plan should cover any applicable items listed in the attached sample as well as any other items appropriate in this case. All deadlines in the proposed pretrial plan must lapse within fourteen months of the date of filing of the complaint in this case. The plans should not be filed with the court, but submitted to the Magistrate Judge at P.O. Box 670, Bismarck, ND 58502-670 or emailed to ndd_J-Miller@ndd.uscourts.gov. Upon receipt and review of the proposed plans, the court will enter pretrial case management plan and will schedule the trial for this matter.
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA
SCHEDULING/DISCOVERY PLAN
Pursuant to Rule 26(f), counsel for the parties certify that on _______, 20__, 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 have made (or shall make by ________) Rule 26(a)(1) initial disclosures, summarized as follows:
(2) The parties propose the following discovery plan:
(a) Discovery will be needed on these subjects:
(b) Disclosure, discovery, or preservation of electronically stored information should be handled as follows:
(c) The parties have discussed any issues regarding preservation of discoverable information as follows:
(d) The parties have discussed possible need for a protective order as follows:
(e) If this is a case that will involve the discovery of medical, mental health, employment, education, tax, or workers compensation records, the parties have agreed to the following with respect to who will secure these records and how the discovery of the records will be handled (it will not be a sufficient answer that the parties have not addressed the issue or it will be considered later):
If the parties have not reached an agreement all or in part, the following is what the parties have not been able to agree to and the reasons why (if applicable, this section must be completed):
(f) The parties have agreed to the following maximum number of interrogatories [per party/per side]:
(g) The parties have agreed to the following maximum number of requests for admissions [per party/per side]:
(h) The parties have agreed to the following maximum number of requests for production of documents [per party/per side]:
(i) The parties have agreed to the following maximum number of depositions [per party/per side]:
(j) The parties have agreed any depositions taken only for presentation at trial will be completed at least _______ days prior to trial.
(k) The parties have agreed that all fact discovery will be completed by the following deadline, with all written discovery to be served a minimum of thirty (30) days prior to the deadline:
________
(l) The parties have agreed on the following deadline for discovery motions:
________
(m) An appropriate time for a mid-discovery status conference would be:
________
(n) The parties have agreed on the following deadlines for exchanging complete expert witness reports:
________ for plaintiff(s);
________ for defendant(s); and
________ for any rebuttal experts.
(o) The parties have agreed on the following deadline to complete discovery depositions of expert witnesses:
________
(3) The parties have agreed to the following deadlines for filing motions:
________ motions to join additional parties;
________ motions to amend pleadings;
________ motions to amend pleadings to add punitive damages claims;
________ nondispositive motions (e.g. consolidation, bifurcation); and
________ dispositive motions (e.g. summary judgment).
(4) The parties have discussed alternative dispute resolution and plan as follows:
[ ] A court-hosted settlement conference;
[ ] Private mediation; or
[ ] Other (explain):
(5) The parties shall be ready to evaluate the case for settlement purposes by:
________
(6) The parties [will/will not] waive their rights to proceed before a district judge and consent to have a magistrate judge conduct all further proceedings in the case, including the trial, and order for entry of a final judgment.
(7) Trial of this case will be [jury/nonjury].
(8) The estimated length of trial is _____ days.
Dated: [Date] Dated: [Date]
[Law Firm] [Law Firm]
/s/ [Attorney Name] /s/ [Attorney Name]
[Attorney Name] ([#Bar ID]) [Attorney Name] ([#Bar ID])
[Address] [Address]
[Address] [Address]
[Telephone] [Telephone]
[Email Address] [Email Address]
Attorney for Plaintiff(s) Attorney for Defendant(s)
