Verrill v. Battelle Energy Alliance, LLC
CASE MANAGEMENT ORDER. ADR Plan to be filed by 7/1/2013. Amended Pleadings due by 7/1/2013. Completion of Discovery due by 10/18/2013. Joinder of Parties due by 7/1/2013. Dispositive Motions due by 11/18/2013. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
DONALD A. VERRILL,
Case No. 4:12-cv-00628-BLW
CASE MANAGEMENT ORDER
BATTELLE ENERGY ALLIANCE,
LLC., a Delaware Limited Liability
In accordance with the agreements reached in the telephone scheduling conference
held between counsel and the Court on April 2, 2013, and to further the efficient
administration of this matter,
NOW THEREFORE IT IS HEREBY ORDERED that the following recitation of
deadlines and procedures shall govern this litigation:
Dispositive Motion Deadline: All dispositive motions shall be filed by November
18, 2013.1 This deadline will not be extended even if you are having discovery
It is this Court's policy to accept only one (1) motion to dismiss and one summary judgment
motion per party. If it appears, due to the complexity or numerosity of issues presented, that counsel is
unable to address all issues within the twenty-page (20) limit for briefs, Dist. Idaho Loc. R. 7.1(b)(1), then
it is appropriate to file a motion for permission to file an overlength brief, rather than filing separate
This is the critical event for case management and will dictate
when the trial will be set.
As provided below, a trial setting conference will be
scheduled immediately following resolution of all dispositive
motions. To facilitate a prompt trial setting, I will make every
effort to schedule oral argument within 60 days and issue a
decision within 30 days after the oral argument. If a decision
is not issued within this time frame, I invite inquiry from
counsel as to the status of the decision.
Amendment of Pleadings and Joinder of Parties: All motions to amend pleadings
and join parties, except for allegations of punitive damages, shall be filed on or
before July 1, 2013. This deadline shall only be extended for good cause shown.2
All parties are entitled to know the claims and parties well-before trial rather than
be forced to pursue or defend against a moving target. Although this deadline
precedes the general discovery deadline, the parties are directed to send out all
discovery requests that might relate to amendment or joinder enough in advance of
motions for each issue. The Court prefers reviewing one over-length brief in support, one over-length
brief in response, and one 10-page reply brief, if any, rather than the panoply of briefs that are generated
when multiple motions are filed.
The Ninth Circuit has held that motions to amend filed after the Scheduling Order deadline are
governed, not by the liberal provisions of Fed. R. Civ. P. 15(a), but instead, by the more restrictive
provisions of Fed. R. Civ. P. 16(b) requiring a showing of “good cause.” Johnson v. Mammoth
Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).
this amendment and joinder deadline to obtain the responses needed to make an
informed decision on amendment and joinder.
Alternative Dispute Resolution Plan: The parties shall also file an ADR
plan by July 1, 2013. The ADR plan must indicate the form of ADR that will be
utilized and the date on which it will be conducted.
Discovery Plan: All discovery shall be in accordance with the Federal
Rules of Civil Procedure and the Local Rules. Initial disclosures shall be
made on or before March 26, 2013.
Completion of Discovery: All discovery will be completed by October 18,
2013. This is a deadline for the completion of all discovery; it is not a
deadline for discovery requests. Discovery requests must be made far
enough in advance of this deadline to allow completion of the discovery by
the deadline date. The parties may, by stipulation, agree to defer some trialrelated discovery, such as discovery related to damages issue, until after I
have ruled on any dispositive issues.
Disclosure of Experts:
The Plaintiff shall disclose the experts intended to be called at
trial on or before August 19, 2013.
The Defendant shall disclose the experts intended to be called at trial on or
before September 18, 2013.
All rebuttal experts shall be identified on or before October 2, 2013.
Rules Governing Disclosure of Expert Witnesses: Within the deadlines for
the disclosure of expert witnesses set out above, the parties shall also
provide – for each expert disclosed – the report described in Fed. R. Civ. P.
26(a)(2)(B), as modified by Local Rule 26.2(b). Supplementation to the
expert witness report shall be done in accordance with Fed. R. Civ. P.
26(e)(1). Pursuant to Local Rule 26.2(b), expert witnesses will not be
allowed to offer any opinion not disclosed in the mandatory Rule 26
disclosures, supplementation, or deposition. This includes rebuttal experts.
No undisclosed expert rebuttal opinion testimony will be allowed at trial.
Scheduling of Trial and Pretrial Conference. Plaintiff’s counsel shall
contact In-Court Deputy Jamie Gearhart within one week following the
entry of a decision on all pending dispositive motions to make arrangements
for a telephone scheduling conference between counsel and me in which the
trial and pretrial conference shall be set. If no dispositive motion is filed,
Plaintiff’s counsel shall immediately contact Ms. Gearhart within one week
of the dispositive motion filing deadline to set a telephone scheduling
Law Clerk: If counsel has a procedural or legal question that needs to be
brought to my attention, please contact Jeff Severson, the law clerk
assigned to this case at (208) 334-9027.
Handling of Discovery Disputes and Non-disposition Motion:
I will not refer this case to a magistrate judge for resolution of
discovery disputes and non-dispositive motions. I will keep these motions
on my own docket.
The parties will strictly comply with the meet and confer requirements of
Local Rule 37.1 prior to filing any discovery motions.
In addition, I will not entertain any written discovery motions until the
Court has been provided with an opportunity to informally mediate the
parties’ dispute. To facilitate that mediation, the attorneys will first contact
Jeff Severson, the law clerk assigned to this case, and shall provide him
with a brief written summary of the dispute and the parties’ respective
positions. Mr. Severson may be able to offer suggestions that will resolve
the dispute without the need of my involvement. If necessary, an off-therecord telephonic conference with me will then be scheduled as soon as
possible. I will seek to resolve the dispute during that conference and may
enter appropriate orders on the basis of the conference. I will only
authorize the filing of a discovery motion and written briefing if we are
unable to resolve the dispute during the conference.
Prior to filing any discovery motions, counsel must certify, not only that
they have complied with Local Rule 37.1, but that they have complied with
the foregoing procedures.
Calendaring Clerk: With regard to any scheduling matters or calendar
issues, please contact my deputy clerk, Jamie Gearhart at (208) 334-9021.
Docketing Clerk: If you have a docketing question, please contact a docket clerk at
DATED: April 2, 2013
B. LYNN WINMILL
Chief U.S. District Court Judge