Lair et al v. Motl et al

Filing 112

ORDER denying 102 Motion for Summary Judgment; finding as moot 108 Motion for Extension of Time to File Response/Reply ; finding as moot 111 Motion to Amend/Correct Signed by Judge Charles C. Lovell on 6/29/2012. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (DED, )

CV 12-12-H-CCL

EXHIBITB

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Brown appeared for the plaintiffs. Mr. Michael Black and Mr. Andrew Huff
appeared for the defendants.
The Court, having considered the parties' stipulations and having discussed
the case with the parties. sets down the following schedule to govern all pretrial
proceedings.

IT IS HEREBY ORDERED:
I.

The Court will hold a bench trial to adjudicate the plaintiffs' claim that the
monetary limits in Montana Code Annotated § 13-37-216(1), (3), & (5) are
unconstitutionaL All other matters shall be adjudicated by summary
judgment.

2.

For the reasons discussed at the status conference, the Court DENIES the
plaintiffs' motion for leave to move for reconsideration ofthe preliminary
injunction (dkt # 69). The issues raised in the plaintiffs' motion for leave
shall be adjudicated by summary judgment.

3.

The following schedule will govern aU further pretrial proceedings:
Amendment of
pleadings:

March 23, 2012

Summary judgment deadline (fully briefed):

April 13,2012

Hearing on motions for
summary judgment:

May 2, 2012
at 9:30 a.m, Helena Division

Experts:

May 1,2012 (Pl.)
May 15,2012 (D.)

Rebuttal deadline 30 days after disclosure

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Joint Status Report (see '118):

June 1,2012

Discovery deadline:

June 25, 2012

Pretrial motions:

July 13,2012

Attorney conference to prepare
final pretrial order:

week of
August 27, 2012

E-file final pretrial order, exhibits
proposed findings of fact &
conclusions oflaw, and
trial briefs and e-mail
to cc1"[e-mail]
(trial briefs are optional):

September 5. 2012

Final pretrial conference:

September 12, 2012
at 9:30 a.m., Helena Division

Bench trial:

September 12,2012
at 10:00 a.m., Helena Division

Continuance of tbe above deadlines wlU Dot be granted, absent compeUing
reasons. A continuance of any deadline set by this order does not extend any
other deadline. Neither the date set for trial nor the date set to file motions will be
altered or changed even if the Court authorizes any other date to be changed.
IT IS FURTHER ORDERED:

4.

The parties have an affirmative obligation to supplement all discovery
responses, as necessary, throughout the course of the litigation.

5.

The parties shall file written stipulations and shall include their
stipulations in the final pretrial order.

6.

All dispositive motions, discovery motions, and motions in limine
shall be fully briefed by the date set forth in paragraph one. "Fully

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briefed" means that the brief in support, the response brief, and the
reply brief (or notice that no reply brief will be filed) are all filed with
the Court.
7.

During the course of discovery, if counsel objects to either the
foundation or the authenticity of a particular document then counsel
must make specific objection to opposing counsel in writing within a
reasonable time after receiving the document. If a document is
produced and the producing party objects either to the foundation or
authenticity, the producing party shall so state, in writing, at the time
of production.

8.

The parties shall file a joint written status report by June 1, 2012,
notifying the Court of the current status of discovery.

9.

Trial of this case shall be conducted in the U.S. Courthouse, Helena,
Montana, before the Court sitting without a jury.

10. Each party is responsible for ensuring that expert reports for any
witness who is retained or specially employed to provide expert
testimony in the case, or whose duties as an employee of a party
involve giving expert testimony, are complete, comprehensive,
accurate, and tailored to the issues on which the expert is expected to
testify. Expert reports must satisfy the specific requirements of Rule
26(a)(2)(B), Fed. R. Civ. P. An inadequate report or disclosure

may result in exclusion of the expert's opinions at trial even
though the expert has been deposed. In this regard, a treating
physician is not considered an expert witness unless the testimony
offered by the treating physician goes beyond care, treatment and
prognosis. If the treating physician's testimony goes beyond care,
treatment and prognosis then there must be full compliance with the
discovery requirements of Rule 26(a)(2)(B}.
11. Any evidence intended solely to contradict or rebut evidence on the
same subject matter identified by another party as testimony or
evidence to be offered by a witness who is retained or specially
employed to provide expert testimony in the case or whose duties as

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an employee of a party in the case involve giving expert testimony,
must be disclosed within thirty (30) days of the date set forth in
paragraph I for expert disclosure. Rule 26(a)(2), Fed. R. Civ. P.
12. Supplemental disclosures by a witness who is retained or specially
employed to provide expert testimony in the case or whose duties as
an employee ofa party in the case involve giving expert testimony,
whose report or deposition is incomplete or incorrect, must be
disclosed no later than ninety (90) days before the date set for trial set
forth in paragraph 1.
13. If the case does not settle, counsel for the plaintiff shall convene an
attorneys' conference during the week indicated in paragraph 1, or
before, for the purpose of completing the Final Pretrial Order and to
exchange exhibits and familiarize themselves with each others'
proposed trial exhibits. ~ Local Rules 16.4(a) and 16.5(b). Any
objections to any exhibits or use of deposition testimony shall be
ineIuded within the pretrial order, stating the grounds for the
objections. Except for objections to relevance, failure to disclose
such an objection is a waiver of the objection. £=. Local Rule
16.5(b )(5). The Final Pretrial Order shall comply with the form
prescribed in Local Rule 16.4. Witnesses listed shall be separated
into two groups, indicating those who will testify and those who may
be called ifneeded. The Final Pre-trial Order must comply with the
provisions of Rule 26(a)(3), Fed. R. Civ. P. Pursuant to Local Rule
16.4(b)(5)-(6), the Final Pretrial Order shall contain a statement of
case-specific legal contentions and defenses, specifYing the elements
of each claim or defense that a party intends to present at trial.
14. Once filed, the Final Pretrial Order supersedes all prior pleadings and
may not be amended except by leave of court for good cause shown.
15. Counsel for the parties shall appear before the Court for the final
pretrial conference on the date and time set forth in paragraph 1.
16. Trial briefs are optional but if filed must be received by the Court on
the date indicated in paragraph 1.
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17.

EXHIBITS

(a) Exhibits are to be properly bound in a loose leaf binder and
tabbed, and must be exchanged with opposing counsel prior to
the final pretrial conference.
(b) Each exhibit contained in the binders will bear an extended tab
showing the number of the exhibit. The exhibit list must
identify those exhibits which the party expects to offer and
those which the party may offer if the need arises. Rule
26(a)(3), Fed. R Civ. P.
(c) During discovery, the exhibits shall be numbered seriatim.
Numbers used for exhibits during discovery shaH also be used
at trial. Exhibits marked for use at trial that have not been
numbered in discovery shall be marked by plaintiff using an
agreed-upon range ofarabic numbers and by defendant using a
different agreed-upon range of arabic numbers.
(d) Each exhibit document will be paginated, including any
attachments thereto. Exhibits shall not be duplicated. An
exhibit may be used by either of the parties.
(e) One copy of the original document exhibits shaH be submitted
for the exclusive use of a court, and will be contained in a
binder. The binder shan be delivered to the chambers of Judge
Lovell on the date set forth in paragraph I for the submission
of the proposed Final Pretrial Order.

1g. CALLING WITNESSES AT TRIAL:
When a witness is called to testify at trial, counsel shall provide to the
Clerk ofCourt four (4) copies of a single page document providing the
following information about the witness:
a)
b)

the full name and current address ofthe witness;

a brief description of the nature and substance of the witness's

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c)
d)

testimony;
date witness was deposed or statement taken;
a listing ofeach exhibit to which the witness may refer during
direct examination.

Done and Dated this

t-t4ay ofMarch 2012.

S DISTRICT JUDGE

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