Henze v. Ferriter et al

Filing 22

ORDER re 21 Joint MOTION for Extension of Time to Complete Discovery and extend other deadlines filed by Mark Henze, Contract Court Reporter is Needed. Discovery due by 3/26/2018. Motions due by 5/14/2018. Status Report due by 2/ 26/2018. Final Pretrial Conference set for 9/17/2018 at 09:30 AM in Helena, MT before Judge Charles C. Lovell. Jury Trial set for 9/24/2018 at 09:30 AM in Helena, MT before Judge Charles C. Lovell. Please review order for additional deadlines and details. Signed by Judge Charles C. Lovell on 12/27/2017. (HEG)

FILED
DEC 2 7 2017
Clerk, U.S. District Court
District Of Montana
Helena

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

MARK.HENZE,

Cause No. 16-CV-107-CCL
Plaintiff,

V.

FIRST AMENDED
SCHEDULING ORDER

MIKE FERRITER; KELLY SPEER;
GREG BUDD; STATE OF
MONTANA; and DOES 1-10,
Defendants.

Upon consideration of the Parties' Joint Motion to Amend Scheduling Order,
and good cause appearing therefor,
IT IS HEREBY ORDERED that the following deadlines outlined in the
Scheduling Order are amended as follows:
1.

The following schedule will govern all further pretrial proceedings:
Joint Status Report (see
Discovery Deadline

First Amended Scheduling Order

~

11)

February 26, 2018
March 26, 2018

Summary Judgment Motion Deadline

May 14, 2018

Joint Motion to Court: Case Ready
for Settlement Conference (see ,i 11)

June 18, 2018

Attorney Conference to Prepare
proposed Final Pretrial Order

week of August 27, 2018

Settlement Deadline:

September 10, 2018

Lodge proposed Final Pretrial Order,
Exhibits, Trial Briefs, & Jury Instructions

September 7, 2018

Final Pretrial Conference

September 19, 2018
Monday, 9:30 a.m.
Courtroom II, Helena

Jury Trial

September 24, 2018
Monday, 9:30 a.m.
Courtroom II, Helena

Continuance of the above deadlines will not be granted, absent compelling
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:
2.

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

3.

The parties shall file written stipulations and shall include their stipulations
in the Final Pretrial Order.

4.

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

5.

During the course of discovery, if counsel objects to either the foundation or

First Amended Scheduling Order

2

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.
6.

The parties shall notify the Court immediately by joint written status report
of significant problems in the progress of discovery. In addition, the parties
shall file a joint written status report by February 26, 2018, notifying the
Court of the current status of discovery.

7.

Trial of this case shall be conducted in the U.S. Courthouse, Helena,
Montana, before the Court sitting with a jury.

8.

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 through 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).

9.

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 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 1 for expert disclosure. Rule 26(a)(2), Fed. R.
Civ. P.

10.

Supplemental disclosures by a witness who is retained or specially employed
to provide expert testimony in the case or whose duties as an employee of a
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

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3

before the date set for trial set forth in paragraph 1.
11.

The parties may notify the Court by written motion on or before June 18,
2018, that the parties are ready for a settlement conference. The Court shall
thereupon refer the case to a Magistrate Judge for settlement conference.

12.

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.
See Local Rules 16.4(a) and 16.S(b). Any objections to any exhibits or use
of deposition testimony shall be included 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. See Local
Rule 16.S(b)(S). 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 if
needed. 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.

13.

Once filed, the Final Pretrial Order supersedes all prior pleadings and may
not be amended except by leave of court for good cause shown.

14.

Counsel for the parties shall appear before the Court for the final pretrial
conference on the date and time set forth in paragraph I.

15.

Trial briefs are optional but if filed must be received by the Court on the date
indicated in paragraph 1.

16.

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

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4

exhibits which the party expects to offer and those which the party
may offer if the need arises. Rule 26(aX3), Fed. R Civ. P.
(c)

During discovery, the exhibits shall be nwnbered seriatim. Numbers
used for exhibits during discovery shall also be used at trial. Exhibits
markod for use at trial that have not been numbered in discovery shall
be IIllllked by plaintiifusing an agreed-upon range of arabic numbers
and by defendant using different agreed-upon range of arabic
numbers.

(d)

Each exhibit document will be paginat.ed, 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 shall be submitted for the
exclusive use of the court, and will be contained in a binder. The
binder shilll be delivered to the chambei:s of ludgc Lovell on the date
set forth in paragraph 1 for the submission of the proposod Final
Pretrial Order.

CALLING WITNESSES AT TRJAL:
. When a witness is called to testify at trial, counsel shall provide to the Clerk
of~ourt four (4) copies of a single page docwnent providing the following
information about the witness:
a)
b).

c)
d)

the full name and current address of the witness;
a brief description of the nature and substance of the witness's

testimony;
date witness was deposed or s1atement taken;
a listing of each exhibit to which the witness may refer during direct
n:amination.

,,,,..{} .
DATED tbis,Z{dayoIT>ecember, 2017.

F~&t Amencled Scheduling Order

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