Ross v. Heller Casing Service, Inc. et al

Filing 46

ORDER lifting stay, setting pretrial deadlines, and continuing the final pretrial conference and trial. Amended Pleadings due by 10/23/2018. Discovery due by 1/24/2019., Discovery Motions due by 2/7/2019. Plaintiff(s) Expert Witness Disclosures an d Reports due by 11/26/2018. Defendant(s) Expert Witness Disclosures and Reports due by 12/10/2018. Joinder of Parties due by 10/23/2018. Dispositive Motions due by 4/24/2019. Other Nondispositive Motions due by 1/24/2019. Threshold Motions due by 9/ 24/2018. Final Pretrial Conference set for 9/18/2019 at 11:00 AM by telephone before Magistrate Judge Charles S. Miller Jr. Jury Trial set for 9/30/2019 at 9:00 AM in Bismarck Courtroom 1 before Chief Judge Daniel L. Hovland. By Magistrate Judge Charles S. Miller, Jr.(BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Monty Ross, and all others similarly
situated under 29 USC 216(b),
Plaintiff,
vs.
Heller Casing Service, Inc. and Casey
Heller, individually,
Defendants.

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ORDER

Case No. 1:16-cv-352

At the parties request the court stayed the above-entitled action until July 6, 2018. In
addition, it directed the parties to file Status Report and, if no settlement was reached, a Joint
Discovery and Case Management Plan by July 13, 2018. (Doc. No. 44).
On July 23, 2018, the parties submitted a proposed scheduling/discovery plan for the court’s
consideration. Accordingly, the court lifts the stay, ADOPTS the parties’ scheduling/discovery
plan, and ORDERS:
1.

The parties shall have until January 24, 2019, to complete fact discovery and until
February 7, 2019, 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 designate experts and provide expert reports by November 26,
2018; and

b.

Defendants shall designate experts and provide expert reports by December
10, 2018.

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3.

The parties shall have until May 24, 2019, to complete discovery depositions of
expert witnesses.

4.

The parties shall have until October 23, 2018, to move to join additional parties.

5.

The parties shall have until October 23, 2018, to move to amend the pleadings to add
claims or defenses.

6.

The parties shall have until January 24, 2019, to file other nondispositive motion
(e.g., consolidation, bifurcation).

7.

The parties shall have until September 24, 2018, 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 April 24, 2019, to file other dispositive motions (summary
judgment as to all or part of the case).

9.

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.

10.

Each side shall take no more than 10 discovery depositions.

11.

Depositions taken for presentation at trial shall be completed 60 days prior to trial.

The court further ORDERS that the final pretrial conference scheduled for September 11,
2018, shall be rescheduled for September 18, 2019, at 11:00 a.m. by telephone before the magistrate
judge. The court shall initiate the conference call. Finally, the court ORDERS that the jury trial
scheduled for September 24, 2018, shall be rescheduled for September 30, 2019, at 9:00 a.m. in
Bismarck Courtroom 1 before Chief Judge Daniel L. Hovland. A five (5) day trial is anticipated.

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IT IS SO ORDERED.
Dated this 25th day of July, 2018.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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