Merrill et al. v. National Oilwell Varco, L.P., et al.

Filing 43

ORDER re continuance of pretrial deadlines, final pretrial conference, and trial. Amended Pleadings due by 11/1/2015. Discovery due by 9/1/2016. Plaintiff(s) Expert Witness Disclosures and Reports due by 7/1/2016. Defendant(s) Expert Witness Discl osures and Reports due by 8/15/2016. Joinder of Parties due by 11/1/2015. Dispositive Motions due by 10/1/2016. Other Nondispositive Motions due by 11/1/2015. Threshold Motions due by 11/1/2015. Final Pretrial Conference REset for 3/7/2017 at 2:00 PM by telephone before Magistrate Judge Charles S. Miller, Jr. Jury Trial REset for 3/20/2017 at 1:30 PM in Bismarck Courtroom 1 before Judge Daniel L. Hovland (10) days. By Magistrate Judge Charles S. Miller, Jr. (Final Pretrial Confrence and Trial previously set for 4/19/2016 and 5/2/2016) (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Brian Merrill, individually and as Trustee
for North Dakota Workforce Safety &
Insurance,
Plaintiff,
vs.
National Oilwell Varco, L.P., et. al.,
Defendants.

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ORDER RE CONTINUANCE OF
PRETRIAL DEADLINES, FINAL
PRETRIAL CONFERENCE, AND
TRIAL
Case No. 1:14-cv-059

The court held a status conference with the parties by telephone on July 16, 2015. Pursuant
to its discussions with the parties, the court amends the pretrial deadlines as follows:
1.

The parties shall have until September 1, 2016, to complete fact discovery and to file
discovery motions.

2.

The parties shall provide the names of expert witnesses and complete reports under
Rule 26(a)(2) as follows:
a.

Plaintiff shall provide the names of expert witnesses and complete reports by
July 1, 2016; and

b.

Defendants shall provide the names of expert witnesses and complete reports
by August 15, 2016.

(Treating physicians need not prepare reports, only qualifications, unless they will
express opinions not reflected in the medical records.) (Reports to be served on
other parties, but not filed with the court.)
3.

The parties shall have until September 15, 2016, to complete discovery depositions
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of expert witnesses.
4.

The parties shall have until November 1, 2015, to move to join additional parties.

5.

The parties shall have until November 1, 2015, to move to amend pleadings to add
claims or defenses.

6.

The parties shall have until November 1, 2015, to file other nondispositive motions
(e.g., consolidation, bifurcation).

7.

The parties shall have until November 1, 2015, to file threshold motions (e.g.,
jurisdiction, qualified immunity, statute of limitations). Discovery shall not be
stayed during the pendency of such motions.

8.

The parties shall have until October 1, 2016, to file other dispositive motions
(summary judgment as to all or part of the case).

The trial set for May 2, 2016, shall be rescheduled for March 20, 2017, at 1:30 p.m. in Bismarck
before Judge Hovland (courtroom #1). A ten (10) day trial is anticipated. The final pretrial
conference set for April 19, 2016, before the undersigned shall be rescheduled for March 7, 2017,
at 2:00 p.m. via telephone conference call. Participants to the conference call should dial the
following number and enter the access code:
Tel. No. : [phone]

Access Code: 976892

IT IS SO ORDERED.
Dated this 16th day of July, 2015.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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