United States of America v. Johnson et al

Filing 37

ORDER granting 35 MOTION for Extension of Time to Complete Discovery and 36 MOTION for Order Authorizing Remote Depositions. Discovery due by 10/30/2020. Discovery Motions due by 10/30/2020. Plaintiff(s) Expert Witness Disclosures and Reports due by 12/2/2020. Defendant(s) Expert Witness Disclosures and Reports due by 12/29/2020. Dispositive Motions due by 1/26/2021. By Magistrate Judge Clare R. Hochhalter. (BG)

Case 1:18-cv-00040-DMT-CSM Document 37 Filed 08/24/20 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America,
Plaintiff,
vs.
Bruce E. Johnson, et al.,
Defendants.

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ORDER EXTENDING PRETRIAL DEADLINES
AND AUTHORIZING REMOTE DEPOSITIONS

Case No. 1:18-cv-040

Before the court is the United States’ “Fourth Motion for Enlargement of Discovery Period
and Related Deadlines and Motion for Entry of a Rule 30(b)(4) Order Authorizing Remote
Depositions.” The United States requests a 60-day enlargement of the case management deadlines
in order to allow sufficient time to complete discovery. It also requests court authorization to
conduct depositions remotely. It advises that Defendants Bruce and Elizabeth Johnson have no
objection to either of its requests.
The court GRANTS the United States’ motions (Doc. Nos. 35 and 36). The court ORDERS
that the pretrial deadlines shall be amended as follows:
1.

The deadline for completion of fact discovery and filing of discovery motions is
enlarged to October 30, 2020;

2.

The deadline for plaintiff's expert identification & reports is enlarged to December
2, 2020;

3.

The deadline for defendants' expert identification & reports is enlarged to December
29, 2020;

4.

The deadline for dispositive motions is enlarged to January 26, 2021;

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The court further ORDERS:
5.

Depositions may be taken by remote means in the above-captioned case.

6.

Parties may notice depositions pursuant to Fed. R. Civ. P. 30(a)(1) without separately
seeking leave to do so (as required by Fed. R. Civ. P. 30(b)(4)).

7.

The party noticing the deposition may choose the remote means for the deposition
- whether through a remote deposition service (or software) provided by a court
reporting service or a telephonic deposition. The notice of deposition will set forth
through what remote method the deposition will be taken.

8.

The party defending the deposition is responsible for providing for itself/themselves,
and for the witness, a computer connected to the internet with a working webcam
and microphone or, in the event of a telephonic deposition, a working telephone line.

9.

At least two weeks in advance of any deposition, the party defending the deposition
must ensure that the witness is able to gain access to the remote deposition service
or the telephonic conference line and confirm such access with the noticing party in
writing. If any access issues are identified at this time, the party defending the
deposition is obligated to promptly notify the noticing party in writing.

10.

At least four days in advance of any deposition the Parties will notify each other by
email as to the identity of the party who will be attending the deposition and provide
email addresses for each attendee and/or witness to the party noticing the deposition.

11.

Three days in advance of any deposition, the party noticing the deposition will
provide meeting invitations and other access instructions to the Parties attending and
the witness.

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12.

The noticing party will arrange for a licensed stenographer and such stenographer
will attend the deposition remotely and swear in the witness remotely.

13.

Any exhibits used at a remote deposition may be uploaded to the remote deposition
service during or prior to the deposition. In the event of a telephonic deposition,
exhibits must be transmitted by email to the Parties and the witness prior to the
deposition.

14.

In the event of technological difficulties or other interruptions affecting a witness,
the stenographer, the questioning attorney, or the defending attorney, the deposition
shall be suspended for an appropriate length of time. In the event of technological
difficulties or other interruptions affecting other party participants attendance (but
not the witness, the stenographer, the questioning attorney, or the defending
attorney), the deposition will continue, and the transcript of such remote
deposition(s) may be used in subsequent stages of the case as if the other party
participants were in attendance.

15.

Nothing in this Order waives the rights of any Party to seek any further appropriate
relief from the Court.

Dated this 24th day of August, 2020.

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

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