Howard et al v. Interstate Distributor Co. et al
Filing
12
SCHEDULING ORDER: Amended Pleadings due by 6/15/2018. Discovery due by 12/21/2018. Motions due by 2/22/2019. Proposed Pretrial Order due by 4/26/2019. (See Order for additional schedule dates.) Signed by Judge Sam E Haddon on 5/3/2018. (NOS)
IN THE UNITED ST ATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
FILED
MAY O3 2018
Clerk, U.S. District Court
District Of Montana
Helena
SHARON HOWARD and FRANK
HOWARD,
No. CV 18-14-BU-SEH
Plaintiffs,
vs.
ORDER
INTERSTATE DISTRIBUTOR CO.,
CHARLES BROWN, and JOHN
DOES 1 through 10,
Defendants.
A preliminary pretrial conference was held on May 3, 2018, via telephone
conference. Plaintiff was represented by Robert G. McCarthy, Esq. Defendant
was represented by Marshal L. Mickelson, Esq.
ORDERED:
1.
Scheduling Order: The following schedule, established with the
concurrence of the parties, will be observed:
Amendments of pleadings under
Fed. R. Civ. P. 15 and joinder of
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parties under Fed. R. Civ. P. 19 or 20
on or before:
June 15, 2018
Plaintiff shall disclose, provide, and file
reports of liability and damage experts:
(I) in compliance with Fed. R. Civ. P. 26(a)(2);
and (2) in compliance with and as specified
in paragraph 7 of this Order, on or before:
September 19, 2018
Defendant shall disclose, provide, and file
reports ofliability and damage experts:
(1) in compliance with Fed. R. Civ. P. 26(a)(2);
and (2) in compliance with and as specified
in paragraph 7 of this Order, on or before:
October 19 ~ 20 I 8
Plaintiff shall serve and file
Fed. R. Civ. P. 26(a)(2)(A) and (C)
disclosures of all non-retained experts in
compliance with and as specified in paragraph 8
of this Order, on or before:
September 19, 2018
Defendant shall serve and file
Fed. R. Civ. P. 26(a)(2)(A) and (C)
disclosures of all non-retained experts in
compliance with and as specified in paragraph 8
of this Order, on or before:
October 19
Discovery closes:
December 21, 2018
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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).
All pretrial motions, other than discovery motions,
shall be filed and fully briefed on or before:
February 22, 2019
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An attorneys' conference to discuss the
final pretrial order preparation on or before:
April 12, 2019
Proposed final pretrial order on or before:
April 26, 2019
Absent Court order, a continuance of any deadline set by this Order does not
extend any other deadline.
FURTHER ORDERED:
2.
Initial disclosures under: (1) Fed. R. Civ. P. 26(a)(l)(A)(i) and (ii) of
individuals likely to have discoverable information and supplemental disclosures
under Fed. R. Civ. P. 26(e); and (2) L.R. 16.2 are to be made and filed with the
Court as required by order of Court, notwithstanding other disclosures that have
been or may be made known to opposing parties by any other provisions of Fed.
R. Civ. P. 26(e)(l)(A). Further, supplemental disclosures: ( I) of individuals like!)
to have discoverable information; and (2) of copies or description by category and
location of all documents, electronically stored information, and tangible things
that the disclosing party has in its possession, custody or control, must be
promptly filed with the Court and served upon counsel of record within ten ( 10)
days of the date upon which the supplementing party learns that supplementation
or correction is required. Persons not disclosed as required by this Order will not
be permitted to testify at trial absent permission granted by order of Court.
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Documents and tangible things not disclosed as required by this Order may not be
introduced as evidence at trial absent permission granted by order of Court.
Each party shall file, not less than 60 days before December 21,_£()_18,
separate lists of all witnesses expected to be designated either as a "will call"
witness or as a "may call" witness at trial. Such "will call" and "may call" witness
lists may, upon motion and show of good cause, be amended or supplemented not
later than 30 days before December 21. 2018.
3.
Parties are not required to seek leave of the Court to amend pleadings
under Fed. R. Civ. P. 15 or join parties under Fed. R. Civ. P. 19 or 20 prior to tl1L'
deadline established in paragraph I. Further amendments of pleadings or joinder
of parties other than as contemplated in paragraph I will not be permitted.
4.
Discovery motions not submitted in compliance with this Order or
L.R. 26.3( c) will be denied.
5.
"Fully briefed," as referenced in paragraph 1 above, means the brief
in support of the motion and the opposing party's response brief are filed.
The parties shall submit a paper copy of all filings in excess of 20 pages
to Judge Haddon's Chambers.
6.
Identification and authenticity for all written documents produced in
pretrial disclosure and during the course of discovery are stipulated, except as
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provided in this paragraph. If a party objects to either the identification or the
authenticity of a particular document produced by another party, the objecting
party must make and serve a specific written objection upon all other parties
within 30 days of receipt. Ifa document is produced and the producing party
objects either to identification or authenticity, the producing party shall so state, in
writing, to all other parties at the time of production. All other objections are
reserved for trial.
7.
Expert reports for any witness retained or specially employed to
provide expert testimony, or whose duties as an employee of a party involve
giving expert testimony, are required. Such reports shall comply with Fed. R. Civ.
P. 26(a)(2)(B) and the requirements of this Order and are to include:
a.
A separate statement of each opinion to be offered.
b.
Specific identification of and source citations to facts or data
considered, referenced, or relied upon by the witness in forming each of the
opinions expressed. Copies of all documents and data considered,
referenced, or relied upon shall be attached as exhibits to the report when
filed.
c.
A separate statement of the bases and reasons for each of the
opm10ns.
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Expert reports are to be complete, comprehensive, accurate, and tailored to
the issues on which the expert is expected to testify. An inadequate report or
disclosure may result in exclusion of the expert's opinions at trial even if the
expert has been deposed.
Expert reports will be required from treating physicians if testimony to be
offered will include any opinions not fully expressed in the physician's medical
records.
8.
Separate written disclosures of all non-retained experts (expert
witnesses not obliged to provide a Fed. R. Civ. P. 26(a)(2)(B) written report) are
required. Such disclosures must address and include all information required by
Fed. R. Civ. P. 26(a)(2)(A) and (C) and shall include:
a.
A separate statement of each opinion to be offered.
b.
Specific identification of and source citations to facts or data
considered, referenced, or relied upon by the witness in forming the each of
the opinions expressed. Copies of all documents and data considered,
referenced, or relied upon shall be attached as exhibits to the written
disclosure when filed.
c.
A separate statement of the bases and reasons for each
opm10ns.
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or th<.:
Such Fed. R. Civ. P. 26(a)(2)(A) disclosures are expected to be complete,
comprehensive, accurate, and tailored to the issues on which the expert is expectc
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