WBI Energy Transmission, Inc. v. 189.9 rods, more or less, located in Township 149 North, Range 98 W Section 11: W1/2SE1/4 Section 14: NW1/4NE1/4 McKenzie County, North Dakota et al

Filing 38

ORDER granting 37 MOTION to Amend/Correct Scheduling Order and 36 MOTION to Amend/Correct Scheduling Order. Discovery due by 1/10/2020. Discovery Motions due by 1/10/2020. Discovery Depositions of Expert Witnesses due by 1/10/2020. Defe ndant(s) Expert Witness Disclosures and Reports due by 11/28/2019. Dispositive Motions due by 1/31/2020. Nondispositive Motions due by 1/31/2020. Final Pretrial Conference REset for 9/10/2020 at 10:00 AM by telephone before Magistrate Judge Clare R. Hochhalter. Jury Trial REset for 9/21/2020 at 9:00 AM in Bismarck Courtroom 1 before Chief Judge Daniel L. Hovland (4 days). By Magistrate Judge Clare R. Hochhalter. (FPT and trial previously set for 2/18/2020 and 3/3/2020) (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
WBI Energy Transmission, Inc.,
Plaintiff,
vs.
An Easement and Right-of-Way
Across
189.9 rods, more or less, located in
Township 149 North, Range 98 W
Section 11: W1/2SE1/4
Section 14: NW1/4NE1/4
227.8 rods, more or less, located in
Township 149 North, Range 98 W
Section 11: N1/2SW1/4,
W1/2SE1/4
242.0 rods, more or less, located in
Township 149 North, Range 98 W
Section 2: SW1/4SE1/4
Section 11: NE1/4
335.3 rods, more or less, located in
Township 150 North, Range 98 W
Section 35: W1/2E1/2
223.8 rods, more or less, located in
Township 149 North, Range 98 W
Section 28: S1/2N1/2
83.6 rods, more or less, located in
Township 149 North, Range 98 W
Section 14: NW1/4
McKenzie County, North Dakota,
David L. Hoffmann; Denae M.
Hoffmann; Leonard W. Hoffmann and
Margaret A. Hoffmann, Trustees of
the Hoffmann Living Trust dated
March 8, 2002; Rocky & Jonilla

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ORDER

Case 1:18-cv-00078

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Farms, LLP; Randall D. Stevenson;
and all other unknown owners of the
above lands,
Defendants.

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Before the court are Motions to Amend the First Amended Scheduling Order. The court
grants the motions (Doc. Nos. 36 and 37) and amends the pretrial deadlines as follows:
1.

The parties shall have until January 10, 2020, to complete fact discovery and file
discovery motions. Discovery requests shall be served sufficiently in advance that
responses come due by this deadline

2.

Defendants shall have until November 28, 2019, to provide the names of expert
witnesses and complete reports under Rule 26(a)(2).

3.

The parties shall have until January 10, 2020, to complete discovery depositions of
expert witnesses.

4.

The parties shall have until January 31, 2020, to file nondispositive (e.g.
consolidation, bifurcation) and dispositive motions (summary judgment as to all
or part of the case).

Additionally, the court, on its own motion, shall continue the final pretrial conference and
trial. Accordingly, the final pretrial conference set for February 18, 2020, shall be rescheduled for
September 10, 2020, at 10:00 a.m. by telephone. To participate in the conference, the parties shall
call [phone] and enter Access Code 8992581. The jury trial scheduled for March 3, 2020,
shall be rescheduled for September 21, 2020, at 9:00 a.m. in Bismarck before Chief Judge Hovland.
A four (4) day trial is anticipated.

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IT IS SO ORDERED.
Dated this 6th day of November, 2019.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court

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