Hunzeker v. Butler et al

Filing 13

AMENDED CASE MANAGEMENT ORDER adopting deadlines in 12 Case Management Order and setting additional provisions that shall govern 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)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

DENNIS H. HUNZEKER,
Case No. 4:12-cv-00421-BLW
Plaintiff,
AMENDED CASE MANAGEMENT
ORDER

v.
GREG BUTLER, in his official and
individual capacities; ANITA PANKO,
in her official and individual capacities;
and the CITY OF MONTPELIER, an
Idaho political subdivision,
Defendants.

IT IS ORDERED:
1.

The deadlines set in the Court’s earlier CMO (Dkt. 12) entered by Judge
Dale are hereby adopted by the undersigned Judge.

2.

Additionally, the following provisions shall govern this case:
a.

The dispositive motion deadline1 will not be extended even if you
are having discovery disputes. This is the critical event for case

management and will dictate when the trial will be set. As provided below, a trial setting

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.

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.
b.

Discovery requests must be made far enough in advance of the
discovery cutoff 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.

c.

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.

d.

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.
e.

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].

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 Jeff Severson, 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. Severson 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 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.

v.

With regard to any scheduling matters or calendar issues,
please contact my deputy clerk, Jamie Gearhart at (208) 3349021.

vi.

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

DATED: February 13, 2013

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