Boardley et al v. Household Finance Corporation III et al

Filing 45

MEMORANDUM OPINION AND ORDER granting in part and denying in part 42 MOTION for Leave to File Third Amended Complaint ; scheduling a Rule 16 Conference for Tuesday June 23. 2015 at 1:00 p.m. Signed by Judge Paul W. Grimm on 6/1/2015. (Attachments: # 1 Scheduling Order, # 2 Discovery Order)(aos, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Southern Division
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EURKERT BOARDLEY, et al.,
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Plaintiffs,
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v.

Case No.: PWG-12-3009
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HOUSEHOLD FINANCE
CORPORATION III, et al.,

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Defendants.
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SCHEDULING ORDER
This scheduling order is being entered pursuant to Local Rule 103.9. Any inquiries
concerning the schedule should be directed to my chambers, not to the Clerk’s Office. Any party
who believes that any deadline set forth in this Scheduling Order is unreasonable may request in
writing a modification of the Order or that a conference be held for the purpose of seeking a
modification of the Order, and any such request must be made on or before the first date set forth
in Paragraph I below. Thereafter, the schedule will not be changed except for good cause.
Electronic filing is required in this case. See Elec. Filing Reqs. & Procs. for Civ. Cases
I(A) (D. Md. Apr. 2013), www.mdd.uscourts.gov/publications/DisplayForms.asp. Please
familiarize yourself with those procedures. You must use the electronic filing system for filing
documents with the Clerk and for sending case-related correspondence to chambers. 1 When you
electronically file a document that, including attachments, is 15 pages or longer, you also must
provide a paper copy of the document and a paper copy of the notice of electronic filing.
Id. § III(B)(4). The paper copy should be sent to the Clerk’s Office, not directly to my chambers.
I.

DEADLINES

June 16, 2015:

Deadline for disclosure of damages and relief sought, as
required by the Discovery Order

June 23, 2015 @ 1:00 p.m.:

Fed. R. Civ. P. 16 Telephone Conference Call

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There is an exception for self-represented parties who are not registered users of CM/ECF. The
self-represented party is not required to file electronically. See Instructions for Filing a Civil
Action on Your Own Behalf II(A) (D. Md. May 2013), www.mdd.uscourts.gov/publications/
forms/InstructionsFilingCivilAction.pdf.
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June 26, 2015:

Deadline for request for modification of initial Scheduling
Order.

June 26, 2015:

Joint request for early settlement/ADR conference. (This
request will not postpone discovery unless otherwise
ordered.)

June 26, 2015:

Deadline for conference about discovery of electronically
stored information. (If either or both parties intend to take
such discovery, before the conference counsel should
review the Suggested Protocol for Discovery of
Electronically Stored Information prepared by a Joint
bench/bar committee published on the court’s website.)

July 27, 2015:

Moving for joinder of additional parties and amendment of
pleadings.

August 10, 2015:

Plaintiff’s Rule 26(a)(2) expert disclosures.

September 8, 2015:

Defendant’s Rule 26(a)(2) expert disclosures.

September 22, 2015:

Plaintiff’s rebuttal Rule 26(a)(2) expert disclosures.

October 22, 2015:

Rule 26(e)(2) supplementation of disclosures and
responses.

November 16, 2015:

Discovery deadline; submission of status report.

November 23, 2015:

Requests for admission.

December 7, 2015:

Dispositive pretrial motions deadline.

II.

DISCOVERY

The Court has entered a separate Discovery Order that will govern in this case. This
Scheduling Order supplements that Discovery Order.
Initial Disclosures
Except as provided in the Discovery Order also issued in this case, this is an action in
which Fed. R. Civ. P. 26(a)(1) disclosures need not be made.

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Discovery Conference
This action is exempted from the requirements of the first sentence of Fed. R. Civ. P.
26(d) and from Fed. R. Civ. P. 26(f). However, you are encouraged to confer with one another
immediately in order to: (a) identify the issue(s), (b) set a discovery plan, (c) determine if the
case can be resolved before your clients incur further litigation expense, and (d) establish a
cordial professional relationship among yourselves.
Procedure
All the provisions of Local Rule 104 apply, including the following:
a. All discovery requests must be served in time to assure that they are answered before
the discovery deadline. An extension of the deadline will not be granted because of
unanswered discovery requests.
b. The existence of a discovery dispute as to one matter does not justify delay in taking
any other discovery. The filing of a motion to compel or a motion for a protective
order will not result in a general extension of the discovery deadline.
c. No discovery materials, including Rule 26(a)(1) and Rule 26(a)(2) disclosures, except
as provided in the Discovery Order issued in this case, should be filed with the court.
d. When a motion to compel is permitted by the Discovery Order, the motion shall be
filed in accordance with Local Rule 104.8 and applicable CM/ECF procedures.
e. Please be familiar with the Discovery Guidelines of this Court which are Appendix A
to the Local Rules. Appendix D contains guidelines for form discovery requests and
confidentiality orders that may be helpful to you.
Deposition Hours
Deposition hours are set forth in the Discovery Order separately issued in this case.
III.

STATUS REPORT

The parties shall file on the day of the discovery deadline a status report covering the
following matters:
a. Whether discovery has been completed;
b. Whether any motions are pending;
c. Whether any party intends to file a dispositive pretrial motion;
d. Whether the case is to be tried jury or non-jury and the anticipated length of trial;
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e. A certification that the parties have met to conduct serious settlement negotiations; and
the date, time and place of the meeting and the names of all persons participating therein;
f. Whether each party believes it would be helpful to refer this case to another judge of
this court for a settlement or other ADR conference, either before or after the resolution
of any dispositive pretrial motion;
g. Any other matter which you believe should be brought to the court's attention.
IV.

DISPOSITIVE PRETRIAL MOTIONS

If more than one party intends to file a summary judgment motion, the provisions of
Local Rule 105.2.c apply.
After motions and responses thereto have been filed, I will advise you if a hearing is to be
scheduled.
V.

SEALED MATTERS

Local Rule 105.11 governs the sealing of all documents filed in the record. This Rule
provides:
Any motion seeking the sealing of pleadings, motions, exhibits or other
documents to be filed in the Court record shall include (a) proposed reasons
supported by specific factual representations to justify the sealing and (b) an
explanation why alternatives to sealing would not provide sufficient protection.
The Court will not rule upon the motion until at least fourteen (14) days after it is
entered on the public docket to permit the filing of objections by interested
parties. Materials that are the subject of the motion shall remain temporarily
sealed pending a ruling by the Court. If the motion is denied, the party making the
filing will be given an opportunity to withdraw the materials. Upon termination of
the action, sealed materials will be disposed of in accordance with L.R. 113.
Failure to comply with this Rule will result in the denial of the motion to seal. In addition to
compliance with Local Rule 105.11, counsel moving to seal court filings should be guided by the
Fourth Circuit’s decision in Doe v. Pub. Citizen, 749 F.3d 246 (4th Cir. 2014). All motions to
seal should contain direct reference to Doe and should include specific factual representations
allowing the court to make the requisite findings.
VI.

STATUS AND PRETRIAL CONFERENCES

I will set a scheduling conference after the status report has been filed, unless that report
indicates that one or more of you intends to file a dispositive pretrial motion. In the latter event I
will not set a scheduling conference until after I have ruled upon the motion (or the dispositive
pretrial motion deadline passes without the anticipated motion being filed).
At the scheduling conference:
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a. I will set a deadline for submitting the pretrial order, motions in limine, proposed voir
dire questions and proposed jury instructions;
b. I will set a pretrial conference date and a trial date; and
c. I will ask you whether a settlement or other ADR conference with a judicial officer
would be useful. Please confer with your client about this matter before the conference so
that you are in a position to respond.
VII.

ATTORNEYS’ FEES

In any case where attorneys’ fees may be sought by the prevailing party, counsel must be
familiar with the provisions of Local Rule 109.2 and the Rules and Guidelines for Determining
Lodestar Attorneys’ Fees in Civil Rights and Discrimination Cases which are Appendix B to the
Local Rules.
VIII.

COMPLIANCE WITH LOCAL RULES AND CM/ECF PROCEDURES

The court will demand compliance with the Local Rules and CM/ECF procedures. If you
need to obtain a copy of the Local Rules or the CM/ECF procedures, they are available on our
website at www.mdd.uscourts.gov. Additionally, all motions and requests that the court issue an
order filed in cases before me must include a proposed order.
IX.

COMPLIANCE WITH PRIVACY PROTECTION RULE

Counsel are reminded that the Federal Rules of Civil Procedure were amended, effective
December 1, 2007, with the addition of a new Rule 5.2 which has detailed requirements
requiring the redaction of filings with this court that contain an individual's social security
number, tax payer identification number, or birth date, the name of an individual known to be a
minor, or a financial account number. It is essential that counsel comply with this rule and with
the revised version of the Judicial Conference Privacy Policy adopted in March 2008. For further
information
on
the
Judicial
Conference
Privacy
Policy,
see
http://www.mdd.uscourts.gov/news/news/privacy_memo.pdf.

Dated: June 1, 2015

/S/
Paul W. Grimm
United States District Judge

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