Bruesch v. Bertsch et al
ORDER: Each party shall submit a proposed scheduling and discovery plan to the court by 1/23/2017. By Magistrate Judge Charles S. Miller, Jr. (Attachments: # 1 Sample Plan)(BG) Distributed on 12/20/2016 (cjs).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Caption of Case
Civil No. _______________________
Pursuant to Rule 26(f), counsel for the parties certify that on _________________,
200__ they conferred in person or by telephone person [conferences by e-mail or letter
not permitted] to discuss the nature and basis of their clients’ claims and defenses, the
possibilities for a prompt settlement or resolution of the case, and a proposed discovery
plan. After conferring, counsel for the parties have agreed upon the following [indicate
any areas of disagreement and the position of each party as to the areas of disagreement]:
The parties have made (or shall make by ____) Rule 26(a)(1) disclosures as
follows: (Include here a summary of the parties’ agreement on subject
matter, timing and form of Rule 26(a)(1) disclosures, but do not submit the
disclosures themselves to the court.)
The issues on which the parties need to conduct discovery are: (list
discovery issues and any agreement/disagreement on approach to
The parties shall have until ____ to complete fact discovery and to file
The parties shall provide the names of expert witnesses and complete
reports under Rule 26(a)(2) as follows:
(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.)
The parties shall have until ____ to complete discovery depositions of
The parties shall have until ___ to move to join additional parties.
The parties shall have until ___ to move to amend pleadings to add claims
or defenses, except for claims for punitive damages for which the deadline
shall be ______.
The parties shall have until ___ to file other nondispositive motions (e.g.,
The parties shall have until ___ to file threshold motions (e.g., jurisdiction,
qualified immunity, statute of limitations). Discovery (shall/shall not) be
stayed during the pendency of such motions.
The parties shall have until ___ to file other dispositive motions (summary
judgment as to all or part of the case).
Each party shall serve no more than ___ 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).
Each side shall take no more than ___ discovery depositions. (Show good
cause for more than the 10 depositions allowed by Rule 30.)
Depositions taken for presentation at trial shall be completed ___ days
Counsel have discussed between themselves and explored with their clients
early involvement in alternative dispute resolution. The following option(s)
would be appropriate in this case:
_____ mediation (choose one):
_____ private mediator
_____ court-hosted early settlement conference-should the
conference be held before a judge who will not be the
_____ doesn't matter
_____ early neutral evaluation before (choose one):
_____ judge other than trial judge
_____ neutral technical expert
_____ neutral attorney
_____ other (specify)_______________________________
_____ none (explain reasons) _____________________.
The parties shall be ready to evaluate the case for settlement purposes by
_____________. (If an ADR option other than a court-hosted settlement
conference is chosen, counsel shall designate one of themselves to report
back to the magistrate judge that the ADR effort was completed and
whether or not it was successful). The court reminds the parties that early
involvement in ADR is voluntary, not mandatory. Participation in ADR is
encouraged by the court but is not required except for a settlement
conference shortly before trial.
A mid-discovery status conference (would/would not) be helpful in this
case. An appropriate time for the conference would be (list month).
The parties (will/will not) voluntarily waive their rights to proceed before a
district judge and consent to have a magistrate judge conduct any and all
further proceedings in the case, including the trial, and order the entry of a
Trial of this case will be (jury/nonjury).
The estimated length of trial is _____ days.
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