Ward et al v. Wind River Trucking, LLC et al

Filing 43

ORDER granting 42 MOTION to Continue. The pretrial deadlines are stayed pending further order of the court. The final pretrial conference set for 7/1/2019 and trial set for 7/15/2019 are cancelled. Both shall be rescheduled at a later date and time. The case caption shall be amended to include Brad Jensen as a named defendant. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Keith Ward, William Clark, Kody Clark,
Ed Johnston, and All Others Similarly
Situated,

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Plaintiffs,
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vs.
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Wind River Trucking, LLC, LLC, d/b/a
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Winder River Oil Services; Heath Johnson; )
Todd Bradford; and Joseph Derosier,
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Defendants.
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ORDER GRANTING AGREED
MOTION FOR CONTINUANCE

Case No. 1:16-cv-418

On October 25, 2018, the parties filed an “Agreed Motion for Continuance.” Therein they
requested that the all pretrial deadlines be extended by at least sixty-day extension of all pretrial
deadlines and to continue the trial pending an appearance by Brad Jenson, new defendant named in
the body of the Plaintiffs’ Third Amended Complaint. The court GRANTS the motion (Doc. No.
42). All pretrial deadlines shall be suspended pending further order of the court and with the
understanding that discovery may continue in the interim. The final pretrial conference set for July
1, 2019, and jury trial set for July 15, 2019, are cancelled with the understanding that they shall be
rescheduled as necessary at a later date and time.
As an aside, the court observes that while Brad Jensen is named as a additional defendant
in the body of the Third Amended Complaint, he not identified as such in the case caption. The
court on its own motion ORDERS that the caption shall be amended to hereafter include Brad
Jensen as a named defendant. It remains incumbent on plaintiffs to serve Defendant Brad Jenson
with copies of the summons and Third Amended Complaint.

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IT IS SO ORDERED.
Dated this 19th day of November, 2018.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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