Biwer et al v. Pecan Pipeline (North Dakota), Inc. et al

Filing 30

ORDER amending pretrial deadlines. Amended Pleadings due by 8/31/2018. Discovery due by 10/31/2018. Discovery Motions due by 11/30/2018. Plaintiff(s) Expert Witness Disclosures and Reports due by 10/31/2018. Defendant(s) Expert Witness Disclosures and Reports due by 11/30/2018. Plaintiff(s) Rebuttal Expert Disclosures due by 12/14/2018. Joinder of Parties due by 8/31/2018. Other Nondispositive Motions due by 8/31/2018. Threshold Motions due by 8/1/2018. By Magistrate Judge Charles S. Miller, Jr. (BG) (Main Document 30 replaced on 5/14/2018 per Chambers' request due to typing error. NEF regenerated to all parties.) (cd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
WESTERN DIVISION

Neal and Cherlyn Biwer,

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Plaintiffs,
v.
Pecan Pipeline (North Dakota), Inc., and
EOG Resources, Inc.,
Defendants.

Case No. 1:16-cv-00378-DLH-CSM

______________________________________________________________________________
SCHEDULING/DISCOVERY PLAN
______________________________________________________________________________

After conferring, counsel for the parties have agreed upon the following:
1.

The parties shall make Rule 26(a)(1) disclosures by February 15, 2017.

2.

The issues upon which the parties need to conduct discovery are all claims and
defenses set forth in the pleadings.

3.

The parties shall have until October 31, 2018, to complete fact discovery and
November 30, 2018, to file discovery motions relating to fact discovery. All
written discovery requests must be served sufficiently in advance to allow the
responses to come due on or before the deadline.

4.

The parties shall provide the names of expert witnesses and complete reports
under Rule 26(a)(2) as follows:
Plaintiffs: October 31, 2018
Defendants: November 30, 2018

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Plaintiffs’ Rebuttal: December 14, 2018
5.

The parties shall have until January 31, 2019, to complete discovery depositions
of expert witnesses.

6.

The parties shall have until August 31, 2018, to move to join additional parties.

7.

The parties shall have until August 31, 2018, to move to amend pleadings to add
claims or defenses.

8.

The parties shall have until August 31, 2018, to file other nondispositive motions
(e.g. consolidation, bifurcation).

9.

The parties shall have until August 1, 2017, 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 March 1, 2019, to file other dispositive motions
(summary judgment as to all or part of the case).

11.

Each party shall serve no more than 25 interrogatories, including subparts. No
broad contention interrogatories (i.e. “List all facts supporting your clam that…”)
shall be used.

12.

Each side shall take no more than 10 discovery depositions.

13.

Depositions taken for presentation at trial shall be completed 10 days before trial.

14.

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 (choose one):
______ Arbitration
______ Mediation
______ Private mediator
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______ Court-hosted early settlement conference
______ Early neutral evaluation before (choose one)
______ Judge other than trial judge
______ Neutral technical expert
______ Neutral attorney
______ Other
X

None: It is too early to determine whether ADR would be appropriate,
but the parties will continue to evaluate the prospects for ADR.

The parties shall be ready to evaluate the case for settlement purposes by January 31, 2019.
15.

A mid-discovery status conference would not be helpful in this case.

16.

The parties 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 final judgment.

17.

Trial of this case will be by jury.

18.

The estimated length of trial is ______ days.

(Remainder of this page purposely left blank)

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Dated:

BRAATEN LAW FIRM

By: /s/ Derrick L. Braaten (w/permission)
Derrick L. Braaten (ID # 06394)
David Keagle (ID # 08502)
109 North 4th Street, Suite 100
Bismarck, ND 58501
Telephone: [phone]
Fax: [phone]
Attorneys for Neal and Cherlyn Biwer

Dated:

Pearce Durick PLLC

By: /s/ Larry L. Boschee
Larry L. Boschee (ID # 04293)
Charles M. Carvell (ID # 03560)
314 East Thayer Avenue
PO Box 400
Bismarck, ND 58502-0400
Telephone: [phone]
Fax: [phone]
Attorneys for Pecan Pipeline (North Dakota) Inc.,
and EOG Resources, Inc.

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ORDER
The Court ADOPTS the parties’ scheduling/discovery plan with the following addition/
modification.
9. The parties shall have until August 1, 2018, to file threshold motions (e.g., jurisdiction,
qualified immunity, statute of limitations). Discovery shall not be stayed during the
pendency of such motions.

IT IS SO ORDERED.
Dated: __________________
__________________________________________
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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