Reed v. Hostetler et al

Filing 11

ORDER RE: CASE MANAGEMENT REPORT - The parties shall meet and confer on items required to be included in the Joint Case Management Report. After the meet and confer, the parties shall file a Joint Case Management Report by no later than August 23, 2021. Signed by Magistrate Judge Carla Baldwin on 7/14/2021. (Copies have been distributed pursuant to the NEF - DRM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 CHARLES CURTIS REED, Plaintiff(s), 5 6 7 Case No. 3:21-CV-0296-CLB ORDER RE: CASE MANAGEMENT REPORT vs. TRAVIS HOSTETLER, et al., 8 Defendant(s). 9 10 Pursuant to Federal Rule of Civil Procedure 16, United States Magistrate Judge 11 Carla Baldwin concludes that a Rule 16 Case Management Report will assist the parties, 12 counsel, and the court in managing and overseeing discovery in this matter. Upon receipt 13 of joint report, the court will determine whether a case management conference should 14 be set to assist in managing discovery. 15 Therefore, IT IS HEREBY ORDERED that: 16 A. 17 The parties shall meet and confer on items required to be included in the Joint 18 Meet and Confer Case Management Report. 19 B. 20 After the meet and confer, the parties shall file a Joint Case Management Report 21 by no later than August 23, 2021. The Case Management Report shall not exceed 22 fifteen (15) pages and shall not include any attached exhibits. Joint Case Management Report 23 However, if any party fails to participate in preparing the Joint Case Management 24 Report, the non−offending party shall detail the party's effort to get the offending party 25 to participate in drafting the report. The non-offending party shall still file the report. 26 The offending party may be subject to sanctions, including monetary sanctions to 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 compensate the non−offending party's time and effort incurred in seeking compliance with this order. C. Contents of Joint Case Management Report The Joint Case Management Report shall include the following information in separately numbered paragraphs as designated below: 1. A short statement of the nature of the case (three pages or less), including a description of each claim and defense; 2. The jurisdictional bases for the case, citing specific jurisdictional statutes. If jurisdiction is based on diversity, the citizenship of each party shall be identified and the amount in controversy must be stated; 3. Whether any party expects to add additional parties to the case or otherwise amend the pleadings; 4. Whether there are any pending motions, including a brief description of those motions; 5. Whether this case is related to any other case pending before this 16 court or any other court, including a bankruptcy court, and if so, provide a brief 17 description of the status of those case(s); 18 19 20 21 22 6. A complete and detailed statement related to discovery, which addresses the following issues: a) The date the Rule 26(f) initial disclosures were provided, or will be provided, by each party; b) A brief statement regarding, what discovery requests have 23 been served by any party, who the requests were served upon, and the due dates for 24 responses to those requests; 25 c) Whether the parties anticipate the need for a protective order 26 relating to the discovery of information relating to a trade secret or other confidential 27 research, development, or commercial information; 28 1 2 d) phasing or scheduling of discovery; 3 4 5 e) 8 9 Whether the parties anticipate the need to take discovery outside of the District of Nevada or the United States and, if so, a description of the proposed discovery; and, 6 7 Any issues or proposals relating to the timing, sequencing, f) A summary of the number of depositions each party anticipates taking, information related to the anticipated location of those depositions, and whether any party anticipates video and/or sound recording of depositions. 7. A brief statement regarding the types of ESI expected in the case, 10 where the ESI is located, a statement of any agreements reached by the parties related 11 to ESI on the issues listed above, and any outstanding disagreements between the 12 parties related to ESI. 13 8. In the event the Court has not already approved a discovery plan 14 and scheduling order, the parties shall include proposed firm dates for each of the 15 following pursuant to Local Rule 26-1: 16 a) A deadline for the completion of discovery; 17 b) A deadline for amending the pleadings and adding parties; 18 c) Dates for complete disclosure of expert testimony; 19 d) A deadline for the filing of dispositive; and, 20 e) A date by which the parties will file the joint pretrial order. 21 The parties shall state whether the dates proposed in this paragraph are within 22 the deadlines specified in LR 26-1(e). If so, then the parties’ report shall state, “THE 23 DEADLINES SUBMITTED HEREIN ARE IN COMPLIANCE WITH LR 26-1(b).” If longer 24 deadlines are sought, the parties’ report shall state “SPECIAL SCHEDULING REVIEW 25 REQUESTED.” If the parties request special scheduling review of the LR 26-1(b) 26 deadlines, the parties shall include a statement of the reasons why longer or different 27 time periods should apply to the case. If the parties disagree as to the LR 26-1(b) 28 1 2 deadlines, a statement of each party’s position on each point of dispute should be provided. 3 4 5 6 7 8 9 9. Whether a jury trial has been requested, whether the request for a jury trial is contested (if the request is contested, set forth reasons), and an estimated length for trial. 10. A statement as to the possibility of settlement and when the parties desire a court sponsored settlement conference, i.e., before further discovery, after discovery, after dispositive motions, etc. 11. Whether the parties intend to proceed before the magistrate judge. 10 Presently, when a civil trial is set before the district judges, any criminal trial set that 11 conflicts with the civil trial will take priority, even if the civil trial was set first. Continuances 12 of civil trials under these circumstances may no longer be entertained, absent good 13 cause, but the civil trial may instead trail from day to day or week to week until the 14 completion of either the criminal case or the older civil case. The parties are advised that 15 they are free to withhold consent or decline magistrate jurisdiction without adverse 16 substantive consequences.1 and, 17 18 19 20 12. Whether either party requests bifurcation or phasing of trial or has any other suggestion for shortening or expediting discovery, pre−trial motions or trial. 13. Whether either party requests that a case management conference be set in the case. 21 The parties are reminded that the filing of a dispositive motion does not stay a 22 case in federal court, nor does it excuse the parties with proceeding with their discovery 23 24 25 A form to be used for consent to proceed before the Magistrate Judge may be found on the Court’s website, (AO 85, Notice of Availability of a U.S. Magistrate Judge). Consent forms should NOT be electronically filed. Upon consent of the parties, the form shall be sent directly to clerk’s office for processing. 1 26 27 28 1 2 3 4 5 6 7 8 obligations as required by the Local Rules and the Federal Rules of Civil Procedure. Failure to follow the Local Rules and comply with discovery obligations without first obtaining an order from the court either delaying discovery requirements, staying discovery or staying the entire case may result in sanctions. Should counsel or a party fail to comply with the directions as set forth above, an ex parte hearing may be held and contempt sanctions, including monetary sanctions, dismissal, default, or other appropriate judgment, may be imposed and/or ordered. 9 IT IS SO ORDERED. 10 Dated: July 14, 2021. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CARLA BALDWIN UNITED STATES MAGISTRATE JUDGE

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