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)

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.

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