Cowgill et al v. Pocatello, City of

Filing 10

CASE MANAGEMENT ORDER. Amended Pleadings due by 11/20/2013. Completion of Discovery due by 5/9/2014. Joinder of Parties due by 11/20/2013. Dispositive Motions due by 6/6/2014. 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 (st)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

MARIANNE COWGILL, WILLIAM
DECKER and KIDS, INCORPORATED,
d/b/a ADVENTURE FOR KIDS DAY
CARE,

Case No. 4:13-CV-278-BLW
CASE MANAGEMENT ORDER

Plaintiffs,
v.

CITY OF POCATELLO
Defendant.

In accordance with the Stipulated Litigation Plan submitted by the parties, 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 on June 6,
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.

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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 November 20, 2013. This deadline shall only be extended for good cause
shown.1 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 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 determine if a
settlement conference is necessary after dispositive motions are resolved.

1

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).

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4.

Discovery Plan: No more than 10 depositions per party.

5.

Completion of Discovery: All discovery will be completed by May 9,
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
trial-related discovery, such as discovery related to damages issue, until
after I have ruled on any dispositive issues.

7.

Disclosure of Experts:
a.

The Plaintiff shall disclose the experts intended to be called at
trial on or before March 7, 2014.

b.

The Defendant shall disclose the experts intended to be called at trial on or
before March 28, 2014.

c.
8.

All rebuttal experts shall be identified on or before April 11, 2014.

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). Pursuant to Local Rule 26.2(b), expert witnesses will not be
allowed to offer any opinion not disclosed in the mandatory Rule 26

CASE MANAGEMENT ORDER - 3

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
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

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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
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].

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DATED: August 27, 2013

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

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