United States District Court, D. Montana, Billings Division
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,
EMPLOYER MUTUAL CASUALTY COMPANY, Defendant.
ORDER LIFTING STAY AND SETTING TELEPHONIC PRELIMINARY
TIMOTHY J. CAVAN, United States Magistrate Judge
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.
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
a. Dial 1-877-848-7030
b. Enter Access Code 5492555 #
c. Press #
d. State your name at the tone.
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
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.
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.
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.
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.
Pursuant to Rule 26(d), a party may commence discovery
immediately upon providing its Rule 26(a)(1) ...