Northern Bottling Co., Inc. v. PepsiCo, Inc.

Filing 39

ORDER granting 30 MOTION to Amend/Correct 16 Scheduling Order. Discovery due by 6/30/2017. Discovery Motions due by 6/30/2017., Plaintiff(s) Expert Witness Disclosures and Reports due by 7/24/2017. Defendant(s) Expert Witness Disclosures a nd Reports due by 8/25/2017. Dispositive Motions due by 10/30/2017. Final Pretrial Conference REset for 4/10/2018 at 11:00 AM by telephone before Magistrate Judge Charles S. Miller, Jr. Jury Trial REset for 4/23/2018 at 1:30 PM in Bismarck Courtroom 1 before Chief Judge Daniel L. Hovland (4 days). By Magistrate Judge Charles S. Miller, Jr. (Final pretrial conference and trial previously set for 8/20/2017 and 9/11/2017, respectively) (BG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA Northern Bottling Co., Inc., Plaintiff, vs. Pepsico, Inc., Defendant. ) ) ) ) ) ) ) ) ) ORDER Case No. 4:15-cv-133 On December 22, 2016, the parties filed a motion to amend the scheduling order. On January 5, 2017, the court held a status conference with the parties on January 5, 2017. Pursuant to the parties’ discussions, the court issued an order suspending all pretrial deadlines to allow for settlement negotiations. On March 8, 2017, the parties filed a “Joint Status Report” in which they advised that no settlement had been reached and requested that the court revise the pretrial deadlines. Accordingly, the court GRANTS the parties’ motion to amend the scheduling order (Docket No. 30). The pretrial deadlines shall be AMENDED as follows: 1. The Parties shall have until June 30, 2017, to complete fact discovery and file discovery motions; 2. The Plaintiff shall provide the names of expert witnesses and complete reports under Rule 26(a)(2) by July 24, 2017; 3. The Defendant shall provide the names of expert witnesses and complete reports under Rule 26(a)(2) by August 25, 2017. 4. The parties shall have until October 30, 2017, to file dispositive motions. The final pretrial conference set for August 20, 2017, shall be rescheduled for April 10, 2018, at 1 11:00 AM by telephone before the undersigned. The court shall initiate the conference call. The jury trial scheduled for September 11, 2017, shall be rescheduled for April 23, 2018, at 1:30 p.m. at the United States Courthouse in Bismarck before Judge Hovland. A five (5) day trial is anticipated. IT IS SO ORDERED. Dated this 29th day of March, 2017. /s/ Charles S. Miller, Jr. Charles S. Miller, Jr., Magistrate Judge United States District Court 2

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