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Tolliver-McGregor v. Health Care Service Corp.

United States District Court, D. Montana, Butte Division

May 16, 2018

WENDY TOLLIVER-MCGREGOR, Plaintiff,
v.
HEALTH CARE SERVICE CORPORATION, an Illinois mutual legal reserve company d/b/a in Montana as Blue Cross and Blue Shield of Montana, Defendant.

          ORDER

          SAM E. HADDON UNITED STATES DISTRICT JUDGE.

         A scheduling conference was held on May 16, 2018, via telephone conference. Plaintiff was represented by CJ. Johnson, Esq. Defendant was represented by Daniel J. Auerbach, Esq., and Thomas C. Hardy, Esq.

         ORDERED:

         1 Scheduling Order: The following schedule, established with the concurrence of the parties, will be observed:

Amendments of pleadings and joinder of parties on or before

March 17, 2017, as established by the Scheduling Order of January 31. 2017. [1]

Plaintiff shall disclose, provide, and file reports of liability and damage experts: (1) in compliance with Fed.R.Civ.P. 26(a)(2); and (2) in compliance with and as specified in paragraph 7 of this Order, on or before:

October 12, 2018

Defendant shall disclose, provide, and file reports of liability and damage experts: (1) in compliance with Fed.R.Civ.P. 26(a)(2); and (2) in compliance with and as specified in paragraph 7 of this Order, on or before:

November 8 2018

Plaintiff shall serve and file Fed.R.Civ.P. 26(a)(2)(A) and (C) disclosures of all non-retained experts in compliance with and as specified in paragraph 8 of this Order, on or before:

October 12, 2018

Defendant shall serve and file Fed.R.Civ.P. 26(a)(2)(A) and (C) disclosures of all non-retained experts in compliance with and as specified in paragraph 8 of this Order, on or before:

November 8 2018

Discovery closes:

January 11, 20 I 9

Discovery motions, with supporting briefs, shall be filed no later than 10 days following the moving party's compliance with Fed.R.Civ.P. 26(c)(l) and 37(a)(l).

All pretrial motions, other than discovery motions, shall be filed and fully briefed on or before:

March 8, 2019

An attorneys' conference to discuss the final pretrial order preparation on or before:

April 19, 20 I 9

Proposed final pretrial order on or before:

May 3, 2019

         Absent Court order, a continuance of any deadline set by this Order does not extend any other deadline.

         FURTHER ORDERED:

         2. Initial disclosures under: (1) Fed.R.Civ.P. 26(a)(1)(A)(i) and (ii) of individuals likely to have discoverable information and supplemental disclosures under Fed.R.Civ.P. 26(e); and (2) L.R. 16.2 are to be made and filed with the Court as required by order of Court, notwithstanding other disclosures that have been or may be made known to opposing parties by any other provisions of Fed.R.Civ.P. 26(e)(1)(A). Further, supplemental disclosures: (1) of individuals likely to have discoverable information; and (2) of copies or description by category and location of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody or control, must be promptly filed with the Court and served upon counsel of record within ten (10) days of the date upon which the supplementing party learns that supplementation or correction is required. Persons not disclosed as required by this Order will not be permitted to testify at trial absent permission granted by order of Court. Documents and tangible things not disclosed as required by this Order may not be introduced as evidence at trial absent permission granted by order of Court.

         Each party shall file, not less than 60 days before January 11.2019. separate lists of all witnesses expected to be designated either as a "will call" witness or as a "may call" witness at trial. Such "will call" and "may call" witness lists may, upon motion and show of good cause, be amended or supplemented not later than 30 days before January 11.2019.

         3. Parties are not required to seek leave of the Court to amend pleadings under Fed.R.Civ.P. 15 or join parties under Fed.R.Civ.P. 19 or 20 prior to the deadline established in paragraph 1. Further amendments of pleadings or joinder of parties other than as contemplated in paragraph 1 will not be permitted.

         4. Discovery motions not submitted in compliance with this Order or L.R. 26.3(c) will be denied.

         5. "Fully briefed, " as referenced in paragraph 1 above, means the brief in support of the motion and the opposing party's response brief are filed.

         The parties shall submit a paper copy of all filings in excess of 20 pages to Judge Haddon's Chambers.

         6. Identification and authenticity for all written documents produced in pretrial disclosure and during the course of discovery are stipulated, except as provided in this paragraph. If a party objects to either the identification or the authenticity of a particular document produced by another party, the objecting party must make and serve a specific written objection upon all other parties within 30 days of receipt. If a document is produced and the producing party objects either to identification or authenticity, ...


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