Moore et al v. Deer Valley Trucking, Inc.

Filing 13

AMENDED CASE MANAGEMENT ORDER, ( Discovery due by 1/24/2014.). 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 (krb)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

SHAWN MOORE, et. al.,
Case No. 4:13-CV-00046-BLW
Plaintiffs,
AMENDED CASE MANAGEMENT
ORDER
TRACK: (Standard)

v.
DEER VALLEY TRUCKING,
Defendant.

This case was recently reassigned to the undersigned District Judge after the
Magistrate Judge entered a Case Management Order. The deadlines adopted in the
previous CMO shall remain in effect. However, the following policies and procedures
will also apply in this case.
NOW THEREFORE IT IS HEREBY ORDERED that the following recitation of
deadlines and procedures shall govern this litigation:
1.

Dispositive Motion Deadline: The March 7, 20141 deadline will not be extended
even if you are having discovery disputes.
a.

1

This is the critical event for case management and will dictate

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.

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.

Completion of Discovery: All discovery will be completed by the January 24,
2014 deadline. 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.

Rules Governing Disclosure of Expert Witnesses: Within the deadlines for
the disclosure of expert witnesses set out in the earlier CMO, 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.
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 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.

Law Clerk: 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].

10.

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
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-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.

11.

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

12.

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

DATED: May 21, 2013

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