Mussell et al v. Mortgage Electronic Registration Systems, Inc. (MERS) et al

Filing 10

CASE MANAGEMENT ORDER AND ORDER OF REFERENCE TO MAGISTRATE JUDGE. ADR Plan to be filed by 7/26/2013. Amended Pleadings due by 7/26/2013. Completion of Discovery due by 12/6/2013. Joinder of Parties due by 7/26/2013. Dispositive Motions due by 12 /20/2013. All matters in the above case are referred to United States Magistrate Judge Ronald E. Bush. 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

TIM MUSSELL and CAROL
MUSSELL,
Plaintiffs,
v.

Case No. 1:13-CV-00188-BLW-REB
CASE MANAGEMENT ORDER
and ORDER OF REFERENCE TO
MAGISTRATE JUDGE

MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.,
METLIFE HOME LOANS, A
DIVISION OF METLIFE BANK, N.A.
FIRST HORIZON HOME LOAN
CORPORATION,
Defendants.

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 December
20, 20131 This deadline will not be extended even if you are having discovery
disputes.

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 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.

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 July 26, 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
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 shall also file an ADR

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).

plan by July 26, 2013. The ADR plan must indicate the form of ADR that will be
utilized and the date on which it will be conducted.
4.

Discovery Plan: All 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 December
6, 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.

6.

Disclosure of Experts:
a.

The Plaintiff shall disclose the experts intended to be called at
trial on or before October 11, 2013.

b.

The Defendant shall disclose the experts intended to be called at trial on or
before November 8, 2013.

c.
7.

All rebuttal experts shall be identified on or before November 22, 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.
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.

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 [phone], or the Magistrate Judge’s
chambers.

10.

Calendaring Clerk: With regard to any scheduling matters or calendar issues,
please contact my deputy clerk, Jamie Gearhart at [phone], or contact the
Magistrate Judge’s chambers to schedule matters with the Magistrate Judge.

11.

Docketing Clerk: If you have a docketing question, please contact a docket clerk
at [phone].

12.

Order of Referral:
IT IS FURTHER ORDERED that ALL MATTERS in the above case are

referred to United States Magistrate Judge Ronald E. Bush. Judge Bush is directed to
conduct all necessary and proper proceedings pertaining thereto.
If the matter is a non-dispositive motion, Judge Bush is directed to enter an
appropriate order as to disposition. A party contending the order is clearly erroneous or
contrary to law shall file written objections with the court within fourteen (14) days. 28
U.S.C §636(b)(1)(A); Local Rule 72.1.
If the matter is a dispositive motion, Judge Bush may conduct any hearings,
including evidentiary hearings and submit to the United States District Court proposed
findings of fact and recommendations as to disposition.
A party objecting to the proposed findings and recommendations shall file written
objections with the court within fourteen (14) days. The Court will make a de novo
determination of those portions to which objection is made. 28 U.S.C. §636(b)(1)(B);
Local Rule 72.1.

DATED: June 27, 2013

B. LYNN WINMILL
Chief U.S. District Court Judge