The Woodmont Company et al v. LaSalle Shopping Center, LLC et al

Filing 30

AMENDED SCHEDULING ORDER: Discovery due by 9/18/2018. Discovery Motions due by 9/18/2018. Plaintiff(s) Expert Witness Disclosures and Reports due by 9/18/2018. Defendant(s) Expert Witness Disclosures and Reports due by 10/31/2018. Joinder of Parties due by 5/18/2018. Amended Pleadings due by 5/18/2018. Other Nondispositive Motions due by 2/16/2018. Threshold Motions due by 7/20/2018. Dispositive Motions due by 10/15/2018. By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
WESTERN DIVISION
Civil No. 1:17-cv-00073-CSM
The Woodmont Company and Woodmont )
Hay Creek, L.P.,
)
)
Plaintiffs,
)
)
vs.
)
)
LaSalle Shopping Center, LLC and Hay )
Creek Development, LLC,
)
)
Defendants.
)

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AMENDED SCHEDULING/DISCOVERY PLAN

***

***

Pursuant to Rule 26(f), counsel for the parties certify that on October 4, 2017, they
conferred 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:
1.

The parties shall make by November 15, 2016 Rule 26(a)(1) disclosures including

preliminary identification of witnesses, evidence, damage calculations, and the production of the
insurance contract(s), if any.
2.

The issues on which the parties need to conduct discovery are: Liability and

damages. Discovery will occur through interrogatories and depositions of fact witnesses.
3.

The parties shall have until September 18, 2018, to complete fact discovery and to

file discovery motions.

4.

The parties shall provide the names of expert witnesses and complete reports under

Rule 26(a)(2) as follows: Plaintiff’s expert disclosures shall be due September 18, 2018.
Defendant’s expert disclosures shall be due October 31, 2018. Reports will be served on other
parties, but not filed with the court.
5.

The parties shall have until December 15, 2018 to complete discovery depositions

of expert witnesses.
6.

The parties shall have until May 18, 2018, to move to join additional parties.

7.

The parties shall have until May 18, 2018, to move to amend pleadings to add

claims or defenses.
8.

The parties shall have until February 16, 2018, to file other non-dispositive

motions (e.g., consolidation, bifurcation).
9.

The parties shall have until July 20, 2018, 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 October 15, 2018, 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 shall be used.
12.

Each party shall take no more than 10 discovery depositions, except for good cause

13.

Depositions taken for presentation at trial shall be completed 2 weeks before trial.

shown.

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:
_____ arbitration
X

mediation (choose one):
_____ private mediator
court-hosted early settlement conference-should the conference be held before a
judge who will not be the trial judge?
_____

yes

_____

doesn't matter

_____ early neutral evaluation before (choose one):
X

judge other than trial judge

_____ neutral technical expert
_____ neutral attorney
_____ other (specify)_______________________________
_____none (explain reasons): N/A

The parties shall be ready to evaluate the case for settlement purposes by September 1,
2018. 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.
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 a final judgment.
17.

Trial of this case will be jury.

18.

The estimated length of trial is 10 days.

Dated this 11th day of October, 2017.

ZUGER KIRMIS & SMITH
By: /s/ Lawrence E. King
Lawrence E. King (#04997)
316 N. 5th St.
P.O. Box 1695
Bismarck, ND 58502-1695
[e-mail]
Attorneys for Plaintiffs The Woodmont
Company and Woodmont Hay Creek, L.P.
Dated this 11th day of October, 2017.

BAKKE GRINOLDS WIEDERHOLT

By:

/s/ Randall J. Bakke
Randall J. Bakke (#03989)
Shawn A. Grinolds (#05407)
Bradley N. Wiederholt (#06354)
300 West Century Avenue
P.O. Box 4247
Bismarck, ND 58502-4247
[phone]
[e-mail]
[e-mail]
bwiederholt@bgwattorneys
Attorneys for Defendants LaSalle Shopping

Center, LLC and Hay Creek Development,
LLC

ORDER
The court ADOPTS the parties’ scheduling and discovery plan with the following
modification:
1. The parties shall make by November 15, 2017 Rule 26(a)(1) disclosures including
preliminary identification of witnesses, evidence, damage calculations, and the production of
the insurance contract(s), if any.
Dated this 17th day of October, 2017.

/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court