Schultz et al v. Armstrong

Filing 21

CASE MANAGEMENT ORDER granting docket 73 Motion to Consolidate in lead case 1:12-cv-00022-BLW. CV-12-22-BLW is hereby consolidated with Schultz v Armstrong CV-12-58-BLW for all purposes. The lead case shall be K.W. v. Armstrong, CV-12-22-BLW and all filings shall be made in the lead case. 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
K.W., by his next friend D.W, et al.,
Plaintiff,

Case No. 1:12-CV-22-BLW
(lead case)

v.
RICHARD ARMSTRONG, in his official
capacity as Director of the Idaho
Department of Health and Welfare;
PAUL LEARY, in his official capacity as
Medicaid Administrator of the Idaho
Department of Health and Welfare; and the
IDAHO DEPARTMENT OF HEALTH
AND WELFARE, a Department of the
State of Idaho,

CASE MANAGEMENT ORDER

Defendants.

TOBY SCHULTZ, et al.
Plaintiffs,

Case No. 3:12-cv-00058-BLW

v.

RICHARD ARMSTRONG
Defendants.

In accordance with the agreements reached in the Telephone Scheduling Conference on

April 16, 2013, and to further the efficient administration of this matter,
NOW THEREFORE IT IS HEREBY ORDERED, that the motion to consolidate
(docket no. 73 in K.W. v. Armstrong, CV-12-22-BLW) is GRANTED and that this case
is hereby consolidated with Schultz v Armstrong CV-12-58-BLW for all purposes.
IT IS FURTHER ORDERED that the lead case shall be K.W. v. Armstrong, CV12-22-BLW and all filings shall be made in the lead case.
IT IS FURTHER ORDERED, that the following recitation of deadlines and
procedures shall govern this consolidated litigation:
1.

Dispositive Motion Deadline: All dispositive motions shall be filed on February
14, 2014. This deadline will not be extended even if you are having discovery
disputes.
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: This deadline shall be set

following the class certification motion to be filed shortly by plaintiff.
3.

Alternative Dispute Resolution Plan: An ADR plan shall be filed on or
before November 15, 2013.

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 January 17,
2014. 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 18, 2013.
b.

The Defendant shall disclose the experts intended to be called at trial

on or before November 15, 2013.
c.

All rebuttal experts shall be identified on or before December 13,

2013.
8.

Rules Governing Disclosure of Expert Witnesses: Within the deadlines for

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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.
9.

Scheduling of Trial and Pretrial Conference. Plaintiff’s counsel shall contact InCourt Deputy Jamie Gearhart within one week following the entry of a decision on
all pending dispositive motion 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.

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] or at [e-mail].

11.

Handling of Discovery Disputes and Non-disposition Motion:
a. I will not refer this case to a magistrate judge for resolution of

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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.

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-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.

d.

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.

12.

Calendaring Clerk: With regard to any scheduling matters or calendar

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issues, please contact my deputy clerk, Jamie Gearhart at [phone].
13.

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

DATED: April 16, 2013

B. LYNN WINMILL
Chief Judge
United States District Court

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