Bey v. Dynamic Computing Services (DCS) Corp.

Filing 30

ORDER granting 19 Motion for Summary Judgment. Signed by Judge John W. Sedwick on 12/19/19. (GMM, CHAMBERS STAFF)

UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA

DEBRA BEY, individually and
behalf of all others
similarly situated,
Plaintiff,
vs.
DYNAMIC COMPUTING SERVICES
(DCS) CORP.,
Defendants.

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3:18-cv-00120-JWS

SCHEDULING AND PLANNING ORDER
I.

Meeting of Counsel

Based upon information available to the court through a
status report completed by the parties pursuant to Rules 16 and
26(f), Federal Rules of Civil Procedure, Local Civil Rule 16.1,
and, if one was held, the scheduling and planning conference, this
order for the pretrial development of the case is entered pursuant
to Rule 16(b), Federal Rules of Civil Procedure.
II.

Pre-Discovery Disclosures

The information required by Rule 26(a)(1), Federal Rules of
Civil Procedure:
A.
B.

Has been exchanged by the parties.
X

Shall be exchanged by the parties on or
before September 7, 2018

C.

Preliminary witness lists:
1.
2.

Have been exchanged by the parties.
X

Shall be exchanged by the parties on or
before September 7, 2018.

Counsel for each party must contemporaneously prepare and
maintain a written record of all disclosures and supplementation
of disclosures or responses made to requests for discovery under
Rule 26(a) and (e), Federal Rules of Civil Procedure.

Unless

required in support of a motion or by order of the court,
disclosures and supplemental disclosures are not to be filed with
the court.
III. Contested Issues of Fact and Law
A.
B.

X

Nothing further is required.
The parties have either failed to submit a
preliminary statement of issues or have submitted
an unsatisfactory preliminary statement of issues.
The parties shall meet, prepare, and file a
satisfactory preliminary joint statement of issues
on or before .

IV.

Discovery Plan

Discovery shall be conducted in accordance with Rules 26
through 37 of the Federal Rules of Civil Procedure, Local Civil
Rules 30.1, 32.1, and 37.1, and the discovery plan contained in
the status report of the parties except as otherwise provided
below.

A.

Issues requiring discovery.
1.

X

2.

Nothing further is required.
The parties have not submitted a
statement of issues requiring discovery.
The parties shall meet, prepare, and
file that statement on or before .

B.

Preserving discovery information.
1.

X

There is no indication that this will be
an issue.

2.
C.

[Other]

Discovery or disclosure of electronically stored

information shall be handled as follows:
1.

X

The parties may proceed as they have
proposed.

2.
D.

[Other]

Claims of privilege or protection of trial preparation

materials shall be handled as follows:
1.

X

There is no indication that this will be
an issue.

2.

The parties have entered into a
confidentiality agreement.

3.

The parties shall submit their proposed
confidentiality agreement on or before .

E.

Expert witnesses shall be identified by each party on

or before January 18, 2019. Expert witness disclosures in
accordance with Rule 26(a)(2) shall be made:
1.
2.

By all parties on or before
X

By plaintiff on or before February 22,
2019.

3.

X

4.
F.

By defendant on or before April 8, 2019.
Rebuttal reports on or before

Disclosures and discovery responses shall be

supplemented in accordance with Rule 26(e):
1.

At intervals of days; and final
supplementations shall be served and
filed 60 days before the close of fact
discovery.

2.

X

As new information is acquired, but not
later than 60 days before the close of
discovery.

The disclosures required by Rule 26(a)(3), to the extent not
covered by this order, will be addressed by the court in an Order
for Pretrial Proceedings and Final Pretrial Conference, which the
court will issue concurrent with setting this case for trial.
G.

A final witness list, disclosing all lay and expert

witnesses whom a party may wish to call at trial, shall be served
and filed not later than: July 22, 2019.

Only those witnesses

disclosed in a timely filed witness list will be permitted to
testify at trial.
H.

Discovery shall be scheduled so as to be completed by:
1.

As to all fact discovery, on or before

2.

As to all expert discovery, on or before

3.

As to all discovery, on or before
September 6, 2019.

If discovery is not completed by the date or dates above
specified, counsel may, as provided by D. Ak. L.R. 16.1(c)(3)[A],
stipulate to a single continuance of no more than two months for
the completion of same, provided that any such stipulation shall
state precisely what discovery remains and when it will be
accomplished.1

A discovery conference must be requested if more

time is required to complete such discovery.
I.

The following limitations on discovery are imposed:
1.

X

The limitations set forth in Federal
Rules of Civil Procedure 26(b), 30, and
33 apply, except as indicated below.

2.

X

The maximum number of depositions by
each party shall not exceed ten (10).

(a)

X

Depositions shall not exceed
seven (7) hours as to any deponent.

1

Such a stipulation does not require court approval.

(b)

X

Depositions shall not exceed seven
(7) hours as to non-party
deponents.

(c)

X

Depositions shall not exceed
seven (7) hours as to party2
deponents.

3.

X

The maximum number of interrogatories
posed by each party shall not exceed
thirty (30).

4.

X

The maximum number of requests for
admissions posed by each party shall not
exceed thirty (30).

5.

[Other limitations:]

V.

Pretrial Motions

A.

Preliminary motions as to jurisdiction, venue,

arbitration, and/or statutes of limitation:

Any motion based on

the statute of limitation shall be filed no later than December 7,
2018.
B.

Motions to amend, motions under the discovery rules,

motions in limine, and dispositive motions:
1.

X

shall be served and filed not later than
the times specified by Local

2

Unless otherwise specified, the court will consider
corporate officer, Rule 30(b)(6) witness, and expert witness
depositions to be subject to the time limitation applicable to
party depositions.

Rule 16.1(c)(6)-(8) and Rule 56(b),
Federal Rules of Civil Procedure, except
as indicated below.
2.

X

Motions to amend pleadings or add
parties shall be served and filed not
later than December 7, 2018.

3.

X

Motions under the discovery rules shall
be served and filed not later than
September 13, 2019.

4.

X

Motions in limine shall be served and
filed not later than October 21, 2019.

5.

X

Dispositive motions shall be served and
filed not later than October 21, 2019.

VI.

Further Pretrial Proceedings

A.

X

The parties have not requested a scheduling

conference with the court.
B.

X

The parties have not consented to all further

proceedings in this case being before a United States magistrate
judge.
C.

With reference to the disclosure requirements of

Rule 7.1, Federal Rules of Civil Procedure:
1.
2.

The parties are in compliance.
X

Compliance shall be accomplished on or
before September 7, 2018.

D.

The parties have considered and reported to the court

as regards possible alternative dispute resolution procedures.
The use of ADR procedures appears premature at this time.

The

court will arrange for mediation assistance from a judge of this
court upon request of the parties.
E.

The court will schedule a pretrial conference for

purposes of considering matters set out in Rule 16(c)(2), Federal
Rules of Civil Procedure, upon the request of the parties.

The

court will call upon the parties to certify the case ready for
trial when the times specified for discovery and motion practice
have expired.

The court will issue an order governing final

preparation for trial and scheduling a final pretrial conference
when the case has been certified ready for trial.
F.

In the event that the parties have completed discovery

before the discovery close date set in this scheduling and
planning order, and if no dispositive motions are then pending or
are to be filed by a party, counsel may jointly file a certificate
that the case is ready for trial as provided by Local Civil
Rule 40.3.

When the time allowed for discovery and motion

practice has passed and all pending dispositive motions have been
ruled upon, the court will call upon the parties to certify the
case ready for trial.

VII. Trial
It is estimated that this case will require five (5) days for
trial by the jury.

If requested, the right to a jury trial is not

disputed.
DATED this 31st day of August 2018.

/s/ JOHN W. SEDWICK
SENIOR JUDGE, UNITED STATES DISTRICT COURT