Spreadbury v. Bitterroot Public Library et al

Filing 227

Amended Scheduling Order as to LEE ENTERPRISES only. Signed by Jeremiah C. Lynch on 2/15/2012. (Copy mailed to Plaintiff this date) (APP, ) Modified on 2/15/2012 to reflect editing ddls as to 182 in order to keep the "other defs" pending ddls and incorporating "Lee Ent" ddls. The "Cross Motion" ddl = Motion ddl and "Pretrial Order" ddl = Proposed Pretrial Order ddl (APP, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION _____________________________________________ MICHAEL E. SPREADBURY, CV 11-64-M-DWM-JCL Plaintiff, vs. ORDER BITTERROOT PUBLIC LIBRARY, CITY OF HAMILTON, LEE ENTERPRISES, INC., BOONE KARLBERG, P.C., DR. ROBERT BROPHY, TRISTA SMITH, NANSU RODDY, JERRY STEELE, STEVE SNAVELY, STEVEN BRUNER-MURPHY, RYAN OSTER, KENNETH S. BELL, and JENNIFER LINT, Defendants. _____________________________________________ On November 30, 2011, the Court entered a scheduling order establishing timetables for the accomplishment of pretrial matters and setting a trial date on June 18, 2012. Having subsequently been advised that a bankruptcy case concerning Lee Enterprises, Inc. had been filed under Chapter 11 of the United States Bankruptcy Code, the Court stayed this action as against Lee Enterprises, Inc. pursuant to the mandate of 11 U.S.C. § 362(a). On January 30, 2012, the automatic stay against Lee Enterprises, Inc. was lifted. Contemporaneously, Lee Enterprises, Inc. moved the Court to amend the scheduling order by extending all -1- deadlines by 90 days. Plaintiff Michael Spreadbury opposes any amendment to the scheduling order. Having considered the merits of the parties’ respective arguments, the Court deems it appropriate to grant Lee Enterprises, Inc.’s motion to amend the scheduling order as it relates to the dispute between Mr. Spreadbury and Lee Enterprises, Inc. Cognizant of the limited nature of the dispute which remains between Mr. Spreadbury and Lee Enterprises, Inc., however, the Court finds that a 60 day extension of all deadlines will be more than adequate to allow Lee Enterprises, Inc. to prepare its defense for trial. The trial date will be extended by 90 days due to the schedule of the presiding judge, District Judge Donald W. Molloy. Therefore, IT IS HEREBY ORDERED that the deadlines established in the scheduling order entered on November 30, 2011, as it pertains to Plaintiff Spreadbury and Defendant Lee Enterprises, Inc. is amended as follows: Deadline for Amending Pleadings: February 29, 2012 Disclosure of Plaintiff’s Damages Experts and Simultaneous Disclosure of Liability Experts: March 13, 2012 Disclosure of Defendant’s Damages Experts: March 27, 2012 Discovery Deadline: April 10, 2012 Motions Deadline (fully briefed): May 9, 2012 -2- Attorney Conference to Prepare Final Pretrial Order: week of August 13, 2012 Submit Final Pretrial Order & Proposed Jury Instructions and Trial Briefs electronically to dwm_propord@mtd.uscourts.gov (Trial Briefs are optional): August 30, 2012 Notice to Court Reporter of Intent to Use Real-Time: August 30, 2012 Notice to I.T. Supervisor of Intent to Use CD-ROM or Videoconferencing: August 30, 2012 Final Pretrial Conference: September 6, 2012, at 1:30 p.m. Missoula, Montana Jury Trial (7-member jury): September 17, 2012, at 8:30 a.m.1 Russell Smith Courthouse Missoula, Montana All other provisions of the Court’s November 30, 2011 Order shall remain in effect. DATED this 15th of February, 2012. /s/ Jeremiah C. Lynch Jeremiah C. Lynch United States Magistrate Judge 1 Pursuant to 18 U.S.C. § 3161(h) and Fed. R. Crim. P. 50, criminal matters take priority over civil matters in the event of a conflict. Accordingly, all civil trial settings are subject to the Court’s criminal calendar. -3-

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