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

Filing 45

ORDER granting 38 MOTION to Continue Trial; MOTION to Amend/Correct Scheduling Order. Discovery due by 4/1/2019. Plaintiff(s) Expert Witness Disclosures and Reports due by 4/30/2019. Defendant(s) Expert Witness Disclosures and Reports due by 6/30/2019. Rebuttal Expert Disclosures due by 7/30/2019. Discover depositions of expert witnesses due by 9/15/2019. Dispositive Motions due by 8/1/2019. Final Pretrial Conference REset for 2/12/2020 at 2:00 PM by telephone before Magistrate J udge Charles S. Miller, Jr. (Previously set for 9/11/2019). Jury Trial REset for 2/24/2020 at 9:00 AM in Bismarck Courtroom 1 before Chief Judge Daniel L. Hovland (5 days) (Previously set for 9/23/2019). By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Neal and Cheryln Biwer,
Plaintiffs,
vs.
Pecan Pipeline (North Dakota), Inc., and
EOG Resources, Inc.,
Defendants.

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ORDER
Case No. 1:16-cv-378

On October 19, 2018, plaintiffs filed a "Motion to Amend Scheduling Order and Continue
Trial." On November 2, 2018, defendants filed a response in opposition to plaintiffs' motion.
On November 5, 2018, the court held a status conference with the parties by telephone.
Pursuant to its discussion with the parties, the court GRANTS plaintiffs' motion (Doc. No. 38) and
amends the pretrial deadlines as follows:
(1)

The parties shall have until April 1, 2019, to complete fact discovery. All written
discovery requests must be served sufficiently in advice to allow the responses come
due on or before the deadline.

(2)

The parties shall provide the names of expert witnesses and complete reports und
Rule 26(a)(2) as follows:
Plaintiffs: April 30, 2019
Defendants: June 30, 2019
Rebuttal (mutual): July 30, 2019

(3)

The parties shall have until September 15, 2019, to complete discovery depositions
of expert witnesses.
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(4)

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

The final pretrial conference set for September 11, 2019, shall be rescheduled for February 12, 2020,
at 2:00 p.m. by telephone before the magistrate judge. The court shall initiate the conference call.
The jury trial set for September 23, 2019, shall be rescheduled for February 24, 2020, at 9:00 a.m.
in Bismarck before Chief Judge Hovland (courtroom #1). A five (5) day trial is anticipated.
IT IS SO ORDERED.
Dated this 5th day of November, 2018.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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