Produce Alliance, L.L.C. v. Sheppard Produce, Inc.

Filing 127

CASE MANAGEMENT ORDER. ADR Plan to be filed by 12/6/2011. Amended Pleadings due by 12/2/2011. Discovery due by 2/3/2012. Joinder of Parties due by 12/2/2011. Motions due by 3/2/2012. 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 cjm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
PRODUCE ALLIANCE, L.L.C., et al.
Plaintiff,
v.

Case No. 1:CV 11-243-BLW
CASE MANAGEMENT ORDER

SHEPPARD PRODUCE, INC. D/B/A S&G
PRODUCE COMPANY, et al
Defendants.

In accordance with the agreements reached in the telephone status
conference held between counsel and the Court on September 7, 2011, 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:
1.

Dispositive Motion Deadline: All dispositive motions shall be filed by
March 2, 2012.1 As the Court discussed during the Conference with
1

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 motions for each issue. The Court prefers reviewing one

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counsel, this deadline will not be extended for Rule 56(f) issues, expert
issues, discovery disputes, or for any other reason, absent a showing of
compelling good cause.
a.

This is the critical event for case management and will
dictate when the trial will be set.

b.

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.

2.

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 December 2, 2011. This deadline shall only be

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.

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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 this amendment and
joinder deadline to obtain the responses needed to make an informed
decision on amendment and joinder.
3.

Alternative Dispute Resolution Plan: The parties will file an ADR
plan by December 6, 2011. The ADR plan must indicate the form of
ADR that will be utilized and the date on which it will be conducted.
Once the settlement conference or mediation is scheduled, it shall
only be vacated by me.

4.

Discovery Plan: Discovery shall be in accordance with the Federal
Rules of Civil Procedure and the Local Rules.

5.

Completion of Discovery: All discovery will be completed by
February 3, 2012. This is a deadline for the completion of all

2

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).

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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 trial-related discovery, such as
discovery related to damages issue, until after I have ruled on any
dispositive issues.
6.

Disclosure of Experts:
a.

The Plaintiff shall disclose the experts intended to be
called at trial on or before December 5, 2011.

a.

The Defendant shall disclose the experts intended to be called at trial
on or before January 6, 2012.

b.
7.

All rebuttal experts shall be identified on or before January 20, 2012.

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), keeping in mind the Court's
admonition about not moving the dispositive motion deadline set forth

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earlier in this Order. 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.
8.

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 conference.

9.

Handling of Discovery Disputes and Non-disposition Motion:
a.

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.

b.

The parties will strictly comply with the meet and confer requirements
of Local Rule 37.1 prior to filing any discovery motions.

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c.

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 Dave Metcalf, 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. Metcalf may be able to offer
suggestions that will resolve the dispute without the need of my
involvement. If necessary, an off-the-record 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.

c.

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.

10.

Law Clerk: If counsel has a procedural or legal question that needs to
be brought to my attention, please contact Dave Metcalf the law clerk
assigned to this case at [phone].

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11.

Calendaring Clerk: With regard to any scheduling matters or calendar
issues, please contact my deputy clerk, Jamie Gearhart at (208) 3349021.

12.

Docketing Clerk: The Docketing Clerk assigned to this case is Carrie
McMahan. She can be reached at [phone].

DATED: September 7, 2011

B. LYNN WINMILL
Chief Judge
United States District Court

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