Wells v. Altenburg et al

Filing 18

AMENDED CASE MANAGEMENT ORDER. 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

SHAWNA WELLS,
Plaintiff,

Case No. 4:14-cv-00450-BLW
AMENDED CASE MANAGEMENT
ORDER
TRACK: (Standard)

v.

AARON J. ALTENBERG, et. al,
Defendants.

IT IS ORDERED:
1.

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

2.

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

Dispositive Motions: The dispositive motion deadline 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 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: Discovery requests must be made far enough in advance of the
dispositive motion 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.

Rules Governing Disclosure of Expert Witnesses: Within the deadlines for
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.

d.

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.
e.

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].

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.

g.

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

h.

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

DATED: February 9, 2015

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