Mitchell v. Yellowstone Arctic Yamaha et al

Filing 48

ORDER re 46 Motion Hearing. The Court conducted a hearing on Plaintiff's Motion for Sanctions RE: Defendant Yellowstone Arctic Yamaha's Spoliation of Evidence on 1/10/17 (See Order for Complete Details and Deadlines). Signed by Judge Sam E Haddon on 1/10/2017. (ELL)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA FILED BUTTE DIVISION JAN 10 2017 Clerk, U.S District Court District Of Montana Helena JACQUELYN MITCHELL, Plaintiff, No. CV 16-13-BU-SEH vs. ORDER YELLOWSTONE ARCTIC YAMAHA, INC., Defendant. The Court conducted a hearing on Plaintiffs Motion for Sanctions re: Defendant Yellowstone Arctic Yamaha's Spoliation ofEvidence 1 on January 10, 2017. Upon the record made in open court, ORDERED I. The Court's Scheduling Order2 of August 29, 2016, recites, inter alia: t Doc. 23. 2 Doc. 18. -1- Discovery closes: Discovery motions, with supporting briefs, shall be filed no later than 10 days following the moving party's compliance with Fed. R. Civ. P. 26(c)(l) and 37(a)(l). March 17. 2017 All pretrial motions, other than discovery motions, shall be filed and fully briefed on or before: May 19. 2017 An attorneys' conference to discuss the final pretrial order preparation on or before: July 14. 2017 Proposed final pretrial order on or before: July 21. 2017 2. The parties may conduct discovery as they deem appropriate on or before March 17, 2017, directed to communications by, between, with, or among the parties, counsel for the parties, including counsel for Plaintiff in Missouri, or in Montana, or elsewhere, and any insurance company adjuster or representative of any insurance company providing liability insurance coverage to Defendant for the claims asserted in the Complaint. 3 3. Each party may submit on or before March 17, 2017, a supplemental brief and admissible-in-evidence supporting documents, directed to the particular facts and circumstances surrounding or related to actions taken by or to communications between and among the parties, or their counsel, or to representatives of any liability insurance carrier or carriers for Defendant, in any 3 Doc. 19. -2- way related to any aspect of Plaintiffs motion for sanctions, 4 which took place or occurred during the period from February 26, 2014, through May 20, 2014. 4. Optional response briefs may be filed on or before March 24, 2017. 5. Upon receipt of briefs and material submitted in accordance with paragraphs 3 and 4 above, the Court will, if necessary, conduct a further hearing on Plaintiffs motion for sanctions5 and will issue its ruling on the motion as soon thereafter as feasible. DATED thfa 14 L& ""1y ofJanuacy, 20~ ~ /~HADnJY~ United States District Judge 4 Doc. 23. ' Id. -3-

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