Bakken Residential, LLC v. Cahoon Enterprises, LLC

Filing 15

ORDER: Final Pretrial Conference set for 6/10/2014 at 10:00 AM by telephone before Magistrate Judge Charles S. Miller, Jr. By Magistrate Judge Charles S. Miller, Jr. (BG)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION

Bakken Residential, LLC,
Plaintiff,
v.
Cahoon Enterprises, LLC,
Defendant.

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Civil No: 4:12-CV-146

SCHEDULING/DISCOVERY PLAN
Pursuant to Rule 26(f), counsel for the parties certify that on January 10, 2013, they
conferred by telephone 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 February 1, 2013, Rule 26(a)(1) disclosures in the
method and manner outlined by the rule.

2.

The issues on which the parties need to conduct discovery are:
(a)
(b)

3.

Plaintiff’s theory of liability and damages and defenses to counterclaim
Defendant’s defenses and counterclaim theory of liability and damages

The parties shall have until January 31, 2014 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:
Defendants:

October 18, 2013
November 15, 2013

(Reports to be served on other parties, but not filed with the Court.)
5.

The parties shall have until January 31, 2014 to complete discovery depositions
of expert witnesses.

6.

The parties shall have until May 3, 2013 to move to join additional parties.

7.

The parties shall have until May 3, 2013 to move to amend pleadings to add
claims or defenses, except for claims for punitive damages for which the deadline
shall be

8.

N.A. .

The parties shall have until May 3, 2013 to file other nondispositive motions
(e.g., consolidation, bifurcation).

9.

The parties shall have until May 3, 2013 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 February 14, 2014 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 (i.e., “List all facts supporting your claim that . .
.”) shall be used. (Show good cause for more than 25 interrogatories allowed by
Rule 33).

12.

Each side shall take no more than 10 discovery depositions. (Show good cause
for more than the 10 depositions allowed by Rule 30.)

13.

Depositions taken for presentation at trial shall be completed 30 days before trial.

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

____

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);
____

judge other than trial judge

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neutral technical expert

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neutral attorney

_x___ other (specify) – the parties are attempting negotiations
with their attorneys.
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none (explain reasons) _____________________________

15.

A mid-discovery status conference would not be helpful in this case.

16.

The parties will 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 4 days.

Dated this 11th day of January, 2013.
PEARCE & DURICK
By:
/s/
Zachary E. Pelham
B. TIMOTHY DURICK, ND Bar #02994
ZACHARY E. PELHAM, ND Bar #05904
RACHEL A. BRUNER-KAUFMAN, ND Bar #06418
Individually and as Members of the Firm
Attorneys for Plaintiff Bakken Residential, LLC
314 East Thayer Avenue
PO Box 400
Bismarck, ND 58502-0400
[phone]
[e-mail]
[e-mail]
[e-mail]

Dated this 11th day of January, 2013.
FURUSETH LAW FIRM, PC
By:
/s/ Peter H. Furuseth
PETER H. FURUSETH, ND Bar #04160
Attorneys for Defendant Cahoon Enterprises, LLC
612 4th Street East
PO Box 417
Williston, ND 58802-0417
[phone]
[e-mail]

ORDER
The above scheduling/discovery plan is approved with the following
additions/modifications:

Dated this 15th day of January, 2013.

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