Dalton v. Cincinnati Insurance Company

Filing 11

CASE MANAGEMENT ORDER. ADR must be held by 9/14/2018. (Amended Pleadings due by 5/1/2018. Discovery due by 9/14/2018. Joinder of Parties due by 5/1/2018. Dispositive Motions due by 9/14/2018.). 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

JACK DALTON,
Case No. 4:18-cv-00078-BLW
Plaintiff,
CASE MANAGEMENT ORDER
TRACK: (Expedited)

v.
CINCINNATI INSURANCE CO.,
Defendant.

In accordance with the agreements reached in the telephone scheduling conference
held between counsel and the Court on April 4, 2018, and to further the just, speedy, and
inexpensive determination of this matter,
NOW THEREFORE IT IS HEREBY ORDERED that the following recitation
of deadlines and procedures will govern this litigation:
1.

Dispositive Motion Deadline: All dispositive motions, including motions for
punitive damages, must be filed by September 14, 2018.1

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.
(Continued)

CASE MANAGEMENT ORDER - 1

2.

Amendment of Pleadings and Joinder of Parties: Motions to amend pleadings and
join parties, except for allegations of punitive damages, must be filed on or before
May 1, 2018. This deadline will only be extended for good cause shown.2

3.

Alternative Dispute Resolution: ADR must be held by September 14, 2018. The
parties are directed to contact Keith Bryan, the ADR Coordinator, at (208) 3349067, to schedule the conference.

4.

Discovery Plan: All discovery must be in accordance with the Federal Rules of
Civil Procedure, the Local Rules for the District of Idaho, and the parties’ joint
discovery plan which is incorporated herein by reference.
a. Pursuant to Fed. R. Evid. 502(d), and Section VIII(a) of the parties’
stipulated discovery plan, it is hereby ORDERED that production of a
privileged or work-product-protected document, whether inadvertent or
otherwise, is not a waiver of privilege or work-product protection in this
case or in any other federal or state proceeding.

5.

Completion of Fact Discovery: All fact discovery must be completed by
September 14, 2018. This is a deadline for the completion of all fact 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.
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 - 2

6.

Disclosure of Experts:
a.

The Plaintiff must disclose the experts intended to be called at trial on or
before May 15, 2018.

b.

The Defendant must disclose the experts intended to be called at trial on or
before June 15, 2018.

c.
d.
7.

Plaintiff’s rebuttal experts must be identified on or before June 29, 2018.
ALL discovery relevant to experts must be completed by: August 1, 2018

Scheduling of Trial and Pretrial Conference. Plaintiff’s counsel must contact
courtroom deputy Jamie Bracke within one week following the entry of a
decision on all pending dispositive motions to make arrangements for a telephonic
trial setting conference with the Court to set pre-trial and trial deadlines. If no
dispositive motion is filed, Plaintiff’s counsel must immediately contact the
courtroom deputy within one week of the dispositive motion filing deadline to set
a telephonic trial setting conference.

8.

Law Clerk: The law clerk assigned to this case is Jeff Severson, and may be
reached at [phone].

9.

Discovery Disputes:
a. The 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.

CASE MANAGEMENT ORDER - 3

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
Mr. Severson, the law clerk assigned to this case, and shall provide Mr.
Severson 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.
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.

10.

The Court will conduct telephonic status conferences with the parties. The Court
will set those status conferences in a separate notice.

11.

Calendaring Clerk: Scheduling matters and calendar issues may be directed to
Jamie Bracke, who may be reached at [phone]. If reassigned, consult
Judge’s web page for staff directory.

CASE MANAGEMENT ORDER - 4

12.

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

DATED: April 4, 2018
_________________________
B. Lynn Winmill
Chief U.S. District Court Judge

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