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Marjamaa v. Lincare Inc.

United States District Court, D. Montana, Butte Division

June 7, 2018

KASEY MARJAMAA, Plaintiff,
v.
LINCARE INC., Defendant.

          ORDER

          BRIAN MORRIS UNITED STATES DISTRICT COURT JUDGE.

         The Court conducted a Preliminary pretrial conference in this case on June 7, 2018. Plaintiff was represented by Adam C. Cook, Esq. Defendant was represented by Katie R. Ranta, Esq.

         IT IS ORDERED:

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

All amendments of pleadings and joinder of parties on or before:

June 29, 2018

All parties shall disclose liability experts and Plaintiff shall disclose damages experts (with expert reports) on or before:

February 15, 2019

Defendant shall disclose damages experts on or before:

March 15, 2019

All parties shall disclose rebuttal experts on or before:

April 26, 2019

Discovery shall close on:

May 31, 2019

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

August 2, 2019

Status conference and hearing on all pending motions:

October 3, 2019, at 1:30 p.m. Mike Mansfield Federal Courthouse Butte, Montana

Attorney conference to discuss preparation of final pretrial order on or before:

October 18, 2019

Proposed final pretrial order:

November 1, 2019

Final pretrial conference:

November 26, 2019, at 11:00 a.m. Mike Mansfield Federal Courthouse Butte, Montana

Trial briefs, jury instructions due:

December 2, 2019

Trial (6 member jury):

December 9, 2019, at 9:00 a.m Mike Mansfield Federal Courthouse Butte, Montana

         The parties may stipulate to the extension of any of the above deadlines that precede the motions deadline, without a court order. Any party seeking a continuance of the motions deadline or any subsequent deadline must file a motion with the Court.

         IT IS FURTHER ORDERED:

         2. Local Rules and Electronic Filing.

         Parties are advised that revised Local Rules for the District of Montana became effective December 1, 2017, and apply in all cases pending when the changes become effective. In addition, all counsel shall take steps to register in the Court's electronic filing system (“CM-ECF”). All counsel must show cause if they are not filing electronically. Further information is available on the Court's website, www.mtd.uscourts.gov, or from the Clerk's Office. See also L.R. 1.4.

         3. Service by E-Mail for Parties Not Filing Electronically.

         Parties not filing electronically may consent to be served by e-mail, pursuant to Fed.R.Civ.P. 5(b)(2)(E), by agreeing to such service in writing. See L.R. 1.4(c)(3).

         4. Amending Pleadings or Joining Parties.

         Parties are not required to seek leave of the Court to amend pleadings or join parties prior to the deadline established in paragraph 1.

         5. Discovery Issues.

         Unresolved discovery issues shall be presented for resolution promptly. Discovery motions (with briefs) shall be filed no later than 10 days after counsel has met and conferred as required by Fed.R.Civ.P. 37.

         Prior to filing a motion to compel discovery, counsel must advise the client that the loser will pay the opposing party's associated fees and costs. See Fed. R. Civ. P. 37(a)(5). Counsel must certify its compliance with this requirement in the motion. In addition, when the motion to compel is fully-briefed, both parties shall file affidavits with the Court detailing their known fees and costs associated with the motion.

         6. Motions.

         All motions, except discovery motions, shall be filed to ensure they are fully briefed by the date specified in paragraph 1. “Fully briefed” means that the brief in support of the motion and the opposing party's response brief are filed with the Court.

         Unopposed motions shall be accompanied by a proposed order, separate from the motion. The proposed order shall be e-filed under the heading “Proposed Order” and e-mailed to bmmpropord@mtd.uscourts.gov.

         7. Protective Orders.

         If the parties can reach an agreement concerning the use of confidential and financial information there is no need to seek a protective order from this Court. The Court will issue a protective order only if the parties can show that a negotiated and signed stipulation is insufficient to protect their interests.

         8. Identification and Authenticity of Written Documents.

         The parties stipulate as to identification and authenticity for all written documents produced in pretrial disclosure and during the course of discovery, 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 objection upon all other parties, in writing, prior to the deadline for the close of discovery. If a document is produced and the producing party objects either to identification or authenticity, the producing party shall so state, in writing, to all other parties at the time of production. All other objections are reserved for trial.

         9. Ex ...


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