Dakota, Missouri Valley & Western Railroad, Inc. v. National Interstate Insurance Co.

Filing 9

SCHEDULING ORDER: Amended Pleadings due by 2/15/2012. Discovery (re issue of coverage) due by 5/1/2012. Joinder of Parties due by 2/15/2012. Dispositive Motions (re issue of coverage)due by 5/1/2012. Threshold Motions due by 2/15/2012. Scheduling C onference (to address scheduling deadlines pertaining to plaintiff's bad faith claim) set for 4/20/2012 at 10:00 AM by telephone before Magistrate Judge Charles S. Miller, Jr. By Magistrate Judge Charles S. Miller, Jr. (BG) Modified on 12/9/2011 to correct threshold motion deadline. (rs)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Dakota, Missouri Valley & Western
Railroad, Inc.,
Plaintiff,
vs.
National Interstate Insurance Co.,
Defendant.

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SCHEDULING/DISCOVERY ORDER

Case No. 1:11-cv-083

The court held a scheduling conference with the parties on December 9, 2011. Pursuant to
its discussion with the parties, the court ORDERS as follows:
1.

The parties shall make Rule 26(a)(1) disclosures by December 30, 2011.

2.

The parties shall have until May 1, 2012 to complete fact discovery and to file
discovery motions on the issue of coverage. Absent an order from the court,
discovery regarding to plaintiff's bad faith claim will not take place before May 1,
2012.

3.

With respect to the coverage issue, the parties shall provide the names of expert
witnesses and complete reports under Rule 26(a)(2) as follows:
Plaintiff:

July 1, 2012;

Defendant:

August 1, 2012

The court shall issue a separate order setting expert disclosure deadlines as they
pertain to plaintiff’s bad faith claim.

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4.

The court shall conduct a scheduling conference by telephone with the parties on
April 20, 2011, at 10:00 a.m. to discuss: deadlines for fact discovery and expert
disclosures re plaintiff’s bad faith claim. The court shall initiate the conference call.

5.

The parties shall have until October 15, 2012 to complete discovery depositions of
expert witnesses.

6.

The parties shall have until February 15, 2012 to move to join additional parties.

7.

The parties shall have until February 15, 2012 to move to amend pleadings to add
claims or defenses, except for claims for punitive damages for which the deadline
shall be November 1, 2012.

8.

The parties shall have until February 15, 2012 to file other nondispositive motions
(e.g., consolidation, bifurcation).

9.

The parties shall have until February 15, 2012 to file threshold motions (e.g.,
jurisdiction, qualified immunity, statute of limitations). Discovery shall not be stayed
during the pendency of such motions.

10.

The parties shall have until May 1, 2012 to file other dispositive motions re the issue
of coverage. The court shall issue a separate order setting for the deadline for filing
dispositive motions re plaintiff’s bad faith claim.

11.

Each party shall serve no more than 25 interrogatories, including subparts. No broad
contention interrogatories (i.e., "List all facts supporting your claim that . . .") shall
be used. (Show good cause for more than the 25 interrogatories allowed by Rule 33).

12.

Each side shall take no more than 10 discovery depositions.

13.

Depositions taken for presentation at trial shall be completed 14 days before trial.
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14.

Trial of this case will be jury.

15.

The estimated length of trial is 5 days.

Dated this 9th day of December, 2011.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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