WEH Magic Valley Holdings v. EIH Parent et al

Filing 182

ORDER: Proposed Final Pretrial Order due by 2/2/2018, at 4:45 p.m. Please review order for specific details. FURTHER ORDERED: Other matters relevant to the form and content of the Proposed Final Pretrial Order will be addressed if appropriate upon completion of the hearings set for 9:30 a.m. and 10:00 a.m. on February 8, 2018. Signed by Judge Sam E Haddon on 1/19/2018. (HEG)

IN THE UNITED ST ATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

FILED
JAN 19 2018
Clerk, U.S. Distrid Court
Distrid Of Montana
Helena

WEH Magic Valley Holdings, LLC, a
limited liability corporation,
No. CV-15-50-H-SEH
Plaintiff,
vs.

ORDER

EIH Parent, LLC, a limited liability
company and James Carkulis, an
individual,
Defendants.
ORDERED:
To assist the Court, and to facilitate preparation for trial of remaining issues
in Count I of Plaintiff's Second Amended Complaint' and in Defendants' Answer
to Second Amended Complaint, Affirmative Defenses and Counterclaim2 of
February 14, 2017, the parties shall meet and confer on or before January 26,

1

Doc. 82. The remaining issues in Count I were set forth in the Court's Memorandum of
December 8,2017. Doc. 178.
2

Doc. 111

2018, to prepare a Proposed Final Pretrial Order for all remaining issues, in
compliance with all requirements ofL.R. 16.4(a)-(e) and to be filed as required by
L.R. 16.4(f) on or before Friday, February 2, 2018, at 4:45 p.m.
With respect to Plaintiffs claims for attorneys' fees in Count I of the
Second Amended Complaint,3 the Proposed Final Pretrial Order shall include:
1.

The total amount of fees claimed;

2.

The total amount of costs claimed;

3.

A complete billing submission - prepared in the submitting party's

customary form;
4.

Identification of all witnesses who will testify on fees and costs

issues; and
5.

Identification of all exhibits to be offered in support of fees and costs

issues.
With respect to Defendants' counterclaim in its Answer to Second Amended
Complaint, Affirmative Defenses and Counterclaim,4 the Proposed Final Pretrial
Order shall include:
1.

The total amount of damages claimed;

2.

The total amount of recoverable costs claimed;

3

Doc. 82.

4

Doc. 111

3.

A calculation and breakdown of the amounts claimed;

4.

Identification of all witnesses expected to testify in support of the

counterclaim for damages or recoverable costs; and
5.

Identification and appropriate explanation of all offered exhibits to be

offered in support of the counterclaim.
FURTHER ORDERED:
Other matters relevant to the form and content of the Proposed Final Pretrial
Order will be addressed if appropriate upon completion of the hearings set for 9 :3 0
a.m. and 10:00 a.m. on February 8, 2018.
DATED this

J!j_ i o f January, 2018.

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AM
£.HADDON

United States District Judge

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