Maddox et al v. City of Sandpoint et al

Filing 100

AMENDED CASE MANAGEMENT ORDER re 39 Case Management Order - Dispositive Motions due by 1/25/2019. Dispositive Motion Hearing set for 3/7/2019 02:30 PM (PST) in Coeur d Alene - District Courtroom before Judge B. Lynn Winmill (Decision to be issued b y 4/8/2019). Non-Expert Discovery due by 3/1/2019. Jury Trial set for 8/5/2019 01:30 PM (PST) in Coeur d Alene - District Courtroom before Judge B. Lynn Winmill. Telephonic Pretrial Conference set for 7/18/2019 11:00 AM (MST) in Boise Chambers before Judge B. Lynn Winmill. 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 (cjs) (Main Document 100 replaced on 9/24/2018 to include Judge's signature on Order. NEF regenerated.) (cjs).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

DANA MADDOX on behalf of D. M. and
D. M., and RAYMOND FOSTER on behalf
of H. F., minor child and heirs of
JEANETTA RILEY, deceased,

Plaintiffs,
v.
CITY OF SANDPOINT, a political
subdivision of the State of Idaho, CITY OF
SANDPOINT POLICE DEPARTMENT, a
department of the City of Sandpoint,
SKYLAR CARL ZIEGLER, in his
individual and official capacity, MICHAEL
HENRY VALENZUELA, in his individual
and official capacity, COREY COON, in his
individual and official capacity, JOHN or
JANE DOE #1-10 Employees of the
Sandpoint Police Department, and SHANE
RILEY, an heir of JEANETTA RILEY,
deceased,

Defendants.

CASE MANAGEMENT ORDER - 1

Case No. 2:16-cv-00162-BLW
AMENDED CASE MANAGEMENT
ORDER

SHANE RILEY, an individual, and as
Personal Representative, heir and husband to
the deceased JEANETTA RILEY, and on
behalf of their unborn child,

Plaintiff,
v.
THE CITY OF SANDPOINT, a political
subdivision of the State of Idaho, CITY OF
SANDPOINT POLICE DEPARTMENT, a
department of the City of Sandpoint,
MICHAEL VALENZUELA, in his
individual and official capacity, SKYLAR C.
ZIEGLER, in his individual and official
capacity, GARRET L. JOHNSON, in his
individual and official capacity, COREY
COON, in his individual and official
capacity, JOHN or JANEDOES #1-10,
Employees of the Sandpoint Police
Department, and ROSEMARY
BRINKMEIER and BONNER COUNTY
GENERAL HOSPITAL,

Defendants.

In accordance with the telephone scheduling conference held between counsel and
the Court on September 19, 2018, and to further the efficient administration of this
matter,
NOW THEREFORE IT IS HEREBY ORDERED that the Court’s prior case
management order (Dkt. 39) is hereby amended. The following provisions shall govern
this litigation:

CASE MANAGEMENT ORDER - 2

a.

Dispositive Motions Deadline: All dispositive motions shall be filed by
January 25, 2019.1 The parties will comply with Local Rule 7 regarding
the briefing schedule. The dispositive motion deadline will not be
extended even if you are having discovery disputes.

b.

Dispositive Motions Hearing: I will hold a hearing on all dispositive
motions on March 7, 2019 at 2:30 PM and commit to issuing a decision
on the dispositive motions by April 8, 2019. If a decision is not issued
within this time frame, counsel should inquire of chambers as to the status
of the decision and remind me of my commitment to issue the decision in a
timely manner.

c.

Discovery: Discovery requests must be made far enough in advance of the
dispositive motion 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 and expert witnesses,
until after I have ruled on any dispositive issues. However, all non-expert
discovery shall be completed by March 1, 2019. Interim status

1

It is my policy to accept only one (1) motion to dismiss and one summary judgment motion per
party. In the rare case where, due to the complexity or numerosity of issues presented, 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. I prefer 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.

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conferences regarding the progress of discovery will be set by separate
notice.
c.

Rules Governing Disclosure of Expert Witnesses: As noted below, each
party shall provide – for each expert they have 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.
i.

On or before April 19, 2019 Plaintiffs must disclose and file
their Rule 26(a)(2) reports for any expert they intend to call at
trial.

ii.

On or before May 24, 2019 Defendants must disclose and file
their Rule 26(a)(2) reports for any expert they intend to call at
trial (including any experts they intend to use to rebut the
Plaintiff’s expert witnesses).

iii.

On or before June 7, 2019, Plaintiffs must disclose and file their
Rule 26(a)(2) reports for any experts they intend to use to rebut
Defendant’s expert witnesses.

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d.

Scheduling of Trial and Pretrial Conference: Trial in this matter is
scheduled for August 5, 2019 at 1:30 PM. The parties are to contact the
Court for a telephonic pretrial conference on July 18, 2019 at 11:00 AM.
The Parties should dial into the conference call using the following
information: 1-877-336-1828, access code 4685496, security code 9466.

e.

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

f.

Handling of Discovery Disputes and Non-Disposition Motion:
i.

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.

ii.

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

iii.

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 Kyle Cole, 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. Cole may be able
to offer suggestions that will resolve the dispute without the need of

CASE MANAGEMENT ORDER - 5

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.
iv.

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.

g.

Calendaring Clerk: With regard to any scheduling matters or calendar
issues, please contact my deputy clerk, Jamie Bracke at [phone].

h.

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

September 24, 2018

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