North Dakota v. United States of America

Filing 60

ORDER re amendments to the Third Amended Scheduling/Discover Plan forJurisdictional Discovery. The "first round" of depositions to be completed by 3/28/2014. Identities of declarants to be disclosed by 4/10/2014. Depositions of additional declarants to be completed by 6/06/2014. Defendant's amended motion to dismisss due by 8/15/2014. Plaintiffs' response due by 10/17/2014. Defendant has 45 days to file a reply. By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
North Dakota,

)
)
Plaintiff,
)
)
vs.
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United States of America,
)
)
Defendant.
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____________________________________)
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Billings County, et. al.,
)
)
Plaintiffs,
)
)
vs.
)
)
United States of America,
)
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Defendant.
)

ORDER

Case No. 1:12-CV-125
(Lead Case)

Case No. 1:12-CV-102
(Consolidated Case)

The court held a status conference in the above-captioned consolidated action on January 16,
2014. Pursuant to its discussions with the parties, the Third Amended Scheduling/Discover Plan for
Jurisdictional Discovery filed on October 29, 2013 (Docket No. 56), shall be further amended as
follows:
•

The parties shall have until March 28, 2014, to complete their “first round” of
depositions.

C

The parties shall on or before April 10, 2014, disclose to each other the identities of
the persons who will be used as declarants in support of their position with respect
to the jurisdictional issues. No party may submit a declaration in support of their

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position on the jurisdictional issues (nor call as a witness if live testimony is
permitted) a person who has not been disclosed as a declarant in accordance with this
order.
C

The parties shall have until June 6, 2014, to depose any additional declarants
identified by the parties who have not been deposed.

C

Defendants shall have until August 15, 2014, to file an amended motion to dismiss.
Plaintiffs shall have until October 17, 2014, to file a response in opposition to the
motion. Once plaintiffs have filed a response, defendant shall have 45 days to file
a reply.

IT IS SO ORDERED.
Dated this 23rd day of January, 2014.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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