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Underberg v. Employers Mutual Casualty Co.

United States District Court, D. Montana, Billings Division

January 11, 2017

DONNA M. UNDERBERG, as Personal Representative of the Estate of Thomas J. Underberg and as Personal Representative on behalf of Donna M. and Mark G. Underberg, Plaintiffs,
v.
EMPLOYER MUTUAL CASUALTY COMPANY, Defendant.

          ORDER LIFTING STAY AND SETTING TELEPHONIC PRELIMINARY PRETRIAL CONFERENCE

          TIMOTHY J. CAVAN, United States Magistrate Judge

         On May 16, 2016, this case was stayed pending resolution of the underlying litigation, Underberg v. FCA US, et al., Cause No. DV 15-077, Montana Seventh Judicial District Court. (Doc. 20.) The Court is in receipt of the parties' Joint Status Report which indicates the underlying litigation has settled, and therefore this action is ripe to proceed. (Doc. 22.) Accordingly, IT IS ORDERED that the stay is lifted.

         IT IS FURTHER ORDERED:

         1. Pursuant to Fed.R.Civ.P. 16(a), a telephonic Preliminary Pretrial Conference shall be held on February 21, 2017 at 11:00 a.m. before Magistrate Judge Timothy J. Cavan. Lead trial counsel for the respective parties are required to participate in the conference. Counsel must follow these steps to use the Court's conferencing system:

a. Dial 1-877-848-7030
b. Enter Access Code 5492555 #
c. Press #
d. State your name at the tone.

         The conference is intended to develop a case-specific plan for discovery and a schedule for disposition of the case. Counsel should prepare to take part in meaningful discussions of material contained in the pretrial statements. The case management plan resulting from the preliminary pretrial conference is not subject to revision absent compelling reasons.

         2. Any party who wishes to appear in person for the conference rather than by telephone may do so. If any party intends to appear in person, they must so state in the first paragraph of their preliminary pretrial statement. If it is impossible for lead trial counsel to participate in the preliminary pretrial conference at the time set, application for an extension must be made by motion no less than fourteen (14) days before the conference. The motion must certify that all parties have been contacted concerning the extension and state whether any opposing party objects. Requests to change the conference will be granted for good cause shown.

         3. On or before January 31, 2017, lead counsel for the respective parties shall confer to consider the matters listed in Fed.R.Civ.P. 26(f). On or before February 14, 2017, the parties shall file with the Court an updated joint discovery plan formulated at the Rule 26(f) conference.

         4. Pursuant to Fed.R.Civ.P. 26(f)(3)(B), the parties will design the joint discovery plan to require simultaneous disclosure of all liability experts. Plaintiff's damages experts shall be disclosed on the same day. Defendant's damages experts shall be disclosed thirty days thereafter. Expert disclosures must comply with Fed.R.Civ.P. 26(a)(2)(B) on or before the deadline for disclosure. Discovery shall close thirty to sixty days after the deadline for disclosure of Defendant's damages experts. The parties should propose a date certain for the close of discovery. Other dates, including a motions deadline and a trial date, will be set at the preliminary pretrial conference.

         The parties should also bear in mind that, as the case develops, they may agree among themselves to extend discovery. Fed.R.Civ.P. 29. However, the discovery deadline set by the Court will not be continued, nor will the Court entertain discovery motions based on post-deadline occurrences.

         5. Pursuant to Rule 26(d), a party may commence discovery immediately upon providing its Rule 26(a)(1) ...


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