Evans et al v. Shoshone-Bannock Land Use Policy Commission et al

Filing 42

CASE MANAGEMENT ORDER. ADR Plan to be filed by 12/1/2012. Amended Pleadings due by 3/1/2013. Discovery due by 5/15/2013. Joinder of Parties due by 3/1/2013. Dispositive Motions due by 6/1/2013. Discovery Plan due by 11/7/2012.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
DAVID M. EVANS, an individual; RON
PICKENS, an individual, d/b/a P & D
CONSTRUCTION, an Idaho sole
proprietorship; SAGE CONSTRUCTION,
LP, an Idaho limited partnership;
Plaintiffs,
v.
SHOSHONE-BANNOCK LAND USE
POLICY COMMISSION; NATHAN
SMALL, as Chairman of the Fort Hall
Business Council; GLENN FISHER, as a
member of the Fort Hall Business Council;
LEE JUAN TYLER, as a member of the
Fort Hall Business Council; DEVON
BOYER, as a member of the Fort Hall
Business Council; TINO BAIT, as a member
of the Fort Hall Business Council; BLAINE
EDMO, as a member of the Fort Hall
Business Council; DARRELL DIXEY, as a
member of the Fort Hall Business Council;
TONY GALLOWAY, SR., as Chairman of
The Shoshone-Bannock Land Use Policy
Commission; CASPER APPENAY, as a
member of the Shoshone-Bannock Land Use
Policy
Commission; JOHN FRED, as a member of
the Shoshone-Bannock Land Use Policy
Commission; ARNOLD APPENA Y, as a
member of the Shoshone-Bannock Land Use
Policy Commission; and GEORGE
Case Management Order – 1

Case No. 4:12-CV-417-BLW
CASE MANAGEMENT ORDER
(Legal Track)

GUARDIPEE, as a enforcement official of
the Shoshone-Bannock Land Use Policy
Commission; TRIBAL JUDGES JOHN
DOES, as a Tribal Judicial officer(s),
Defendants.

In accordance with the agreements reached in the telephone status
conference held between counsel and the Court on October 24, 2012, 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 June
1, 2013.1 As the Court discussed during the Conference with counsel, this
deadline will not be extended for Rule 56(d) issues, expert issues, discovery
disputes, or for any other reason, absent a showing of compelling good
cause.

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.

Case Management Order - 2

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 March 1, 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
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).

Case Management Order - 3

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 1, 2012. 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: To be filed by November 7, 2012.

5.

Completion of Discovery: All discovery will be completed by May
15, 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 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 experts intended to be called
at trial on or before April 1, 2013.

Case Management Order - 4

a.

The Defendant shall disclose the experts intended to be called at trial
on or before May 1, 2013.

b.
7.

All rebuttal experts shall be identified on or before May 15, 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), keeping in mind the Court's
admonition about not moving the dispositive motion deadline set forth
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

Case Management Order - 5

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.

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, (at the
phone number or e-mail address provided below) 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

Case Management Order - 6

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] or at
[e-mail].

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].

Case Management Order - 7

DATED: October 24, 2012

B. LYNN WINMILL
Chief Judge
United States District Court

Case Management Order - 8