Diamond X Ranch, LLC v. Atlantic Richfield Company
MINUTES OF PROCEEDINGS - Motions Hearing held on 10/25/2017 before Magistrate Judge William G. Cobb.. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Aaron Allan (telephonically), Fred Heather, Brad Johnston, and Noah Perch-Ahern (present); Def Counsel: Adam Cohen and Jonathan Rauchway (telephonically), Robert Dotson and Mead Dickson (present); Recorder: FTR; Recording start and end times: 8:33:55 a.m. - 9:30:02 a.m.; Courtroom: 2. The deadline to exchange additional or supplemental expert reports simultaneously is Wednesday, 11/15/2017. Atlantic Richfield's 303 motion to extend time to file the proposed JPTO is GRANTED in part and DENIED in pa rt. The proposed JPTO is due on or before Wednesday, 1/31/2018. The court requires the parties to exchange information as follows: (1) Diamond X shall provide a statement of contested and uncontested issues of fact and law and a propo sed witness list on or before Friday, 11/10/2017; (2) Atlantic Richfield shall respond to Diamond X statement of contested and uncontested issues of fact and law and provide a draft witness list on or before Wednesday, 11/22/2017. Th e deadline to submit the settlement conference statements to Judge McQuaid is extended to 4:00 p.m., Monday, 11/27/2017. In view of the deadlines imposed, Diamond X's 304 motion is GRANTED in part and DENIED in part. < p>IT IS ORDERED that the parties shall submit a separate notice with the court on or before Friday, 12/29/2017, identifying three (3) prospective trial dates agreed on between the parties and an estimated total number of days to complete a jury trial in this case. (no image attached) (Copies have been distributed pursuant to the NEF - KO)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
DIAMOND X RANCH, LLC.,
ATLANTIC RICHFIELD COMPANY,
PARK LIVESTOCK, CO.,
Case No. 3:13-cv-00570-MMD-WGC
MINUTES OF PROCEEDINGS
October 25, 2017
PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
Katie Lynn Ogden
COUNSEL FOR PLAINTIFF: Aaron Allan (telephonically), Fred Heather, Brad Johnston, and
Noah Perch-Ahern (present)
COUNSEL FOR DEFENDANT: Adam Cohen and Jonathan Rauchway (telephonically),
Robert Dotson and Mead Dickson (present)
MINUTES OF PROCEEDINGS: Motions Hearing
8:33 a.m. Court convenes.
The court holds today’s conference to address Atlantic Richfield Company’s Motion for
Extension of Time to File Joint Pretrial Order (First Request) (ECF No. 303) and Diamond X
Ranch LLC and Park Livestock Co.’s Emergency Motion and/or Request to Compel Atlantic
Richfield Company to (1) Cooperate as Necessary to Prepare the Joint Pretrial Order; or
Alternatively, (2) to Hold a Pretrial Conference (ECF No. 304).
Minutes of Proceedings
October 25, 2017
The court first discusses with counsel the upcoming November 30th settlement
conference the parties have scheduled with Magistrate Judge McQuaid. The court suggests
the parties consider exchanging the non-confidential portions of their settlement statements with
each other. The court states the exchange of such information, in the court’s experience, results
in a more productive settlement conference.
Mr. Rauchway explains that the parties discussed the suggestion of the their exchanging
simultaneous reports identifying their respective settlement positions; however, after consulting
with his client, Atlantic Richfield declined to do so.
Mr. Rauchway further states Diamond X has not provided Atlantic Richfield with a
current demand. Mr. Heather confirms Diamond X has not provided a more recent demand but
that a demand was made prior to the complaint being filed and Atlantic Richfield never
responded or countered Diamond X’s demand.
The court reminds counsel that Judge McQuaid requires a representative of the opposing
party to have final settlement authority up to the amount of the last demand. Without a current
demand from Diamond X, it makes it difficult for Atlantic Richfield to comply with this
requirement. Therefore, the court highly encourages the parties to exchange their respective
The court next discusses the suggestion made by counsel in an email attached to
Diamond X’s motion (ECF No. 304-1, Exhibit A) addressing the exchange of supplemental
expert reports. The court anticipates this information will be helpful to have before the
upcoming settlement conference; therefore, the court imposes the deadline of Wednesday,
11/15/2017, for the simultaneous exchange of the additional or supplemental expert reports.
The court next discusses Atlantic Richfield’s request to extend the deadline to file the
proposed joint pretrial order (JPTO) which according to Judge Du’s Order referring this case for
a settlement conference requires the JPTO to be lodged 30 days after the settlement conference.
(ECF No. 301). The court finds an extension for 60 days is unnecessary; however, in view of the
intervening holidays between the time of the settlement conference and the current deadline, the
court is amenable to a 30 day extension. Therefore, Atlantic Richfield’s motion to extend time to
file the proposed joint pretrial order (ECF No. 303) is GRANTED in part and DENIED in
part. The proposed JPTO is due no later than Wednesday, 1/31/2018.
The court next addresses specific deadlines identified in an email exchange between
counsel regarding Diamond X’s request for exchange of certain information required for the
preparation of the JPTO (see ECF No. 304-1, Exhibit A). Even though the court has extended
the deadline for filing the JPTO, the court deems it would be productive for the parties to still
Minutes of Proceedings
October 25, 2017
exchange information regarding certain aspects of the JPTO before the November 30 settlement
conference. The court requires the parties to exchange information as follows: (1) Diamond X
shall provide a statement of contested and uncontested issues of fact and law and a proposed
witness list no later than Friday, 11/10/2017; (2) Atlantic Richfield shall respond to Diamond X
statement of contested and uncontested issues of fact and law and provide a draft witness list no
later than Wednesday, 11/22/2017.
The court takes a brief recess to contact Judge McQuaid to discuss the possibility of
extending the deadline for the parties to lodge their settlement conference statements. After
consulting with Judge McQuaid, the deadline to submit the settlement conference statements to
Judge McQuaid is extended to 4:00 p.m., on Monday, 11/27/2017.
In view of the deadlines imposed above, Diamond X’s motion (ECF No. 304) is
GRANTED in part and DENIED in part.
The court and counsel next discuss the deadline in which the parties are to submit three
(3) prospective trial dates and an estimation of how many days total to complete a jury trial in
this case as is required by ¶¶ VIII and IX of LR 16-4. Mr. Heather requests the court preserve
the deadline for the end of December 2017 for counsel to identify trial dates, as would be
required if the JPTO were still due 30 days after the November 30 settlement conferences.
Mr. Rauchway submits that the end of January 2018 is sufficient time to identify dates for trial.
After consideration, IT IS ORDERED that the parties shall submit a separate notice with
the court no later than Friday, 12/29/2017, identifying 3 prospective trial dates agreed on
between the parties and an estimated total number of days to complete the jury trial in this case.
The parties are reminded, however, that ¶ VIII of LR 16-4 states that if possible, the court will
set trial on one of the agreed-upon trial dates, but that if the court is unable to accommodate
counsels’ suggested trial dates that the trial will be set at the convenience of the court’s calendar.
There being no additional matters to address at this time, court adjourns at 9:30 a.m.
DEBRA K. KEMPI, CLERK OF COURT
Katie Lynn Ogden, Deputy Clerk
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