Underberg v. Employers Mutual Casualty Company
ORDER LIFTING STAY AND SETTING TELEPHONIC PRELIMINARY PRETRIAL CONFERENCE. Updated Preliminary Pretrial Statement due by 2/14/2017; Updated Joint Discovery Plan due by 2/14/2017; Updated Statement of Stipulated Facts due by 2/14/2017. TELEPHONIC Preliminary Pretrial Conference set for 2/21/2017 at 11:00 AM in Billings, MT before Magistrate Judge Timothy J. Cavan. Signed by Magistrate Judge Timothy J. Cavan on 1/11/2017. (JDR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
DONNA M. UNDERBERG, as
Personal Representative of the Estate of
Thomas J. Underberg and as Personal
Representative on behalf of Donna M.
and Mark G. Underberg,
ORDER LIFTING STAY
EMPLOYER MUTUAL CASUALTY
On May 16, 2016, this case was stayed pending resolution of the underlying
litigation, Underberg v. FCA US, et al., Cause No. DV 15-077, Montana Seventh
Judicial District Court. (Doc. 20.) The Court is in receipt of the parties’ Joint
Status Report which indicates the underlying litigation has settled, and therefore
this action is ripe to proceed. (Doc. 22.) Accordingly, IT IS ORDERED that the
stay is lifted.
IT IS FURTHER ORDERED:
Pursuant to Fed. R. Civ. P. 16(a), a telephonic Preliminary Pretrial
Conference shall be held on February 21, 2017 at 11:00 a.m. before Magistrate
Judge Timothy J. Cavan. Lead trial counsel for the respective parties are required
to participate in the conference. Counsel must follow these steps to use the Court’s
Enter Access Code 5492555 #
State your name at the tone.
The conference is intended to develop a case-specific plan for discovery and
a schedule for disposition of the case. Counsel should prepare to take part in
meaningful discussions of material contained in the pretrial statements. The case
management plan resulting from the preliminary pretrial conference is not subject
to revision absent compelling reasons.
Any party who wishes to appear in person for the conference rather
than by telephone may do so. If any party intends to appear in person, they must
so state in the first paragraph of their preliminary pretrial statement. If it is
impossible for lead trial counsel to participate in the preliminary pretrial
conference at the time set, application for an extension must be made by motion no
less than fourteen (14) days before the conference. The motion must certify that all
parties have been contacted concerning the extension and state whether any
opposing party objects. Requests to change the conference will be granted for
good cause shown.
On or before January 31, 2017, lead counsel for the respective parties
shall confer to consider the matters listed in Fed. R. Civ. P. 26(f). On or before
February 14, 2017, the parties shall file with the Court an updated joint discovery
plan formulated at the Rule 26(f) conference.
Pursuant to Fed.R.Civ.P. 26(f)(3)(B), the parties will design the joint
discovery plan to require simultaneous disclosure of all liability experts. Plaintiff’s
damages experts shall be disclosed on the same day. Defendant’s damages experts
shall be disclosed thirty days thereafter. Expert disclosures must comply with Fed.
R. Civ. P. 26(a)(2)(B) on or before the deadline for disclosure. Discovery shall
close thirty to sixty days after the deadline for disclosure of Defendant’s damages
experts. The parties should propose a date certain for the close of discovery.
Other dates, including a motions deadline and a trial date, will be set at the
preliminary pretrial conference.
The parties should also bear in mind that, as the case develops, they may
agree among themselves to extend discovery. Fed. R. Civ. P. 29. However, the
discovery deadline set by the Court will not be continued, nor will the Court
entertain discovery motions based on post-deadline occurrences.
Pursuant to Rule 26(d), a party may commence discovery immediately
upon providing its Rule 26(a)(1) Initial Disclosure to opposing parties.
On or before February 14, 2017, 2017, each party shall file an
updated preliminary pretrial statement. The statement shall address all matters
listed in L.R. 16.2(b)(1). The statement shall also include any issues relating to the
disclosure or discovery of electronically stored information including (a) issues
pertaining to the preservation of such information and (b) issues relating to the
form or forms in which such information should be produced. See Fed. R. Civ. P.
On or before February 14, 2017, Plaintiff shall separately file an
updated Statement of Stipulated Facts to which all parties agree, pursuant to L.R.
All attorneys admitted to the Bar of this Court shall takes steps to
register in the Court’s electronic filing system (“CM/ECF”), and shall begin filing
electronically as soon as possible. Further information is available on the Court’s
website, www.mtd.uscourts.gov, or from the Clerk’s Office. Any party not filing
electronically is directed to include a disk in WordPerfect or Word format that
contains its preliminary pretrial statement and its pleading(s) (i.e., Complaint or
Answer and Amended Complaint or Answer, etc.). If the joint discovery plan is
not filed electronically, Plaintiff’s disk must also include it.
Each party to the case must be represented at the pretrial conference
by at least one person with authority to enter stipulations.
The parties are advised that incomplete or inadequate information on
the preliminary pretrial statement will be deemed an admission by the party that
the matter is non-complex and may result in the case being set on an expedited trial
DATED this 11th day of January, 2017.
TIMOTHY J. CAVAN
United States Magistrate Judge
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