Goody v Jefferson County

Filing 33

CASE MANAGEMENT ORDER ADR Plan to be filed by 12/31/2010. Amended Pleadings due by 12/31/2010. Discovery due by 5/24/2011. Joinder of Parties due by 12/31/2010. Motions due by 7/19/2011. It is hereby ordered that this case be de-certified as a co llective action. The case will proceed as an individual claim with Greg Goody as the only plaintiff. The parties shall have until 1/3/2011 to object to this ruling. 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)

Goody v Jefferson County

Doc. 33

UNITED STATES DISTRICT COURT F O R THE DISTRICT OF IDAHO

G R E G GOODY Plaintiff, v. J E F F E R S O N COUNTY, a Political S u b d iv is io n of the State of Idaho, Defendant. C a s e No. 4:09-CV-437-BLW C A S E MANAGEMENT ORDER T R A C K : (Standard)

In accordance with the agreements reached in the telephone scheduling conference h e ld between counsel and the Court on December 17, 2010, and to further the efficient a d m in is tra tio n of this matter, NOW THEREFORE IT IS HEREBY ORDERED, that the following recitation of d e a d lin e s and procedures shall govern this litigation: 1. D is p o s itiv e Motion Deadline: All dispositive motions shall be filed by July 19, 2 0 1 1 . This deadline will not be extended even if you are having discovery d is p u te s . a. T h is is the critical event for case management and will dictate w h e n the trial will be set. b. A s provided below, a trial setting conference will be s c h e d u le d immediately following resolution of all dispositive

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motions. To facilitate a prompt trial setting, I will make every e f f o rt to schedule oral argument within 60 days and issue a d e c is io n within 30 days after the oral argument. If a decision is not issued within this time frame, I invite inquiry from c o u n s e l as to the status of the decision. 2. A m e n d m e n t of Pleadings and Joinder of Parties: All motions to amend pleadings a n d join parties, except for allegations of punitive damages, shall be filed on or b e f o re December 31, 2010. This deadline shall only be extended for good cause s h o w n .1 All parties are entitled to know the claims and parties well-before trial ra th e r than be forced to pursue or defend against a moving target. Although this d e a d lin e precedes the general discovery deadline, the parties are directed to send o u t all discovery requests that might relate to amendment or joinder enough in a d v a n c e of this amendment and joinder deadline to obtain the responses needed to m a k e an informed decision on amendment and joinder. 3. A lte rn a tiv e Dispute Resolution Plan: The parties shall also file an ADR plan by December 31, 2010. The ADR plan must indicate the form of ADR that w ill be utilized and the date on which it will be conducted. 4. D is c o v e ry Plan: All discovery shall be in accordance with the Federal

The Ninth Circuit has held that motions to amend filed after the Scheduling O rd e r deadline are governed, not by the liberal provisions of Fed. R. Civ. P. 15(a), but in s te a d , by the more restrictive provisions of Fed. R. Civ. P. 16(b) requiring a showing of " g o o d cause." Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

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Rules of Civil Procedure and the Local Rules. 5. C o m p le tio n of Discovery: All discovery will be completed by May 24, 2 0 1 1 . This is a deadline for the completion of all discovery; it is not a d e a d lin e for discovery requests. Discovery requests must be made far e n o u g h in advance of this deadline to allow completion of the discovery by th e deadline date. The parties may, by stipulation, agree to defer some trialre la te d discovery, such as discovery related to damages issue, until after I h a v e ruled on any dispositive issues. 6. D is c lo s u re of Experts: a. T h e Plaintiff shall disclose the experts intended to be called at tria l on or before March 4, 2011. b. T h e Defendant shall disclose the experts intended to be called at trial on or b e f o re April 8, 2011. c. 7. A ll rebuttal experts shall be identified on or before April 29, 2011.

R u le s Governing Disclosure of Expert Witnesses: Within the deadlines for th e disclosure of expert witnesses set out above, the parties shall also p ro v id e ­ for each expert disclosed ­ the report described in Fed. R. Civ. P. 2 6 (a )(2 )(B ), as modified by Local Rule 26.2(b). Supplementation to the e x p e rt witness report shall be done in accordance with Fed. R. Civ. P. 2 6 (e )(1 ). Pursuant to Local Rule 26.2(b), expert witnesses will not be a llo w e d 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. S c h e d u lin g of Trial and Pretrial Conference. Plaintiff's counsel shall c o n ta c t In-Court Deputy Jamie Gearhart within one week following the e n try of a decision on all pending dispositive motions to make arrangements f o r a telephone scheduling conference between counsel and me in which the tria l and pretrial conference shall be set. If no dispositive motion is filed, P la in tif f 's counsel shall immediately contact Ms. Gearhart within one week o f the dispositive motion filing deadline to set a telephone scheduling c o n f e ren c e. 9. L a w Clerk: If counsel has a procedural or legal question that needs to be b ro u g h t to my attention, please contact Jeff Severson, the law clerk a s s ig n e d to this case at [phone]. 10. H a n d lin g 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 o n my own docket. b. T h e parties will strictly comply with the meet and confer requirements of L o c a l Rule 37.1 prior to filing any discovery motions. c. In addition, I will not entertain any written discovery motions until the C o u rt has been provided with an opportunity to informally mediate the

parties' dispute. To facilitate that mediation, the attorneys will first contact J e f f Severson, the law clerk assigned to this case, and shall provide him w ith a brief written summary of the dispute and the parties' respective p o s itio n s . Mr. Severson may be able to offer suggestions that will resolve th e dispute without the need of my involvement. If necessary, an off-there c o rd telephonic conference with me will then be scheduled as soon as p o s s ib le . I will seek to resolve the dispute during that conference and may e n te r appropriate orders on the basis of the conference. I will only a u th o riz e the filing of a discovery motion and written briefing if we are u n a b le to resolve the dispute during the conference. d. P rio r to filing any discovery motions, counsel must certify, not only that th e y have complied with Local Rule 37.1, but that they have complied with th e foregoing procedures. 11. C a le n d a rin g Clerk: With regard to any scheduling matters or calendar is su e s , please contact my deputy clerk, Jamie Gearhart at [phone]. 12. D o c k e tin g Clerk: The Docketing Clerk assigned to this case is Carrie McMahan w h o can be reached at [phone]. 13. C o lle c tiv e Action Status: Based on the parties stipulation at the telephonic s c h e d u lin g conference, it is hereby ORDERED that this case be de-certified as a c o lle c tiv e action. The case will proceed as an individual claim with Greg Goody a s the only plaintiff. The parties shall have until January 3, 2011, to object to this

ruling.

D A T E D : December 17, 2010

B. LYNN WINMILL C h ie f U.S. District Court Judge