United States District Court, D. Montana, Billings Division
ORDER ON PENDING MOTIONS TO STAY AND
TIMOTHY J. CAVAN UNITED STATES MAGISTRATE JUDGE.
status conference was held in this case on April 22, 2019.
After discussion and upon the agreement of the parties, IT IS
parties' have stipulated that Defendant's Motion for
Stay of Order Pending Appeal (Doc. 12) and Defendant's
Motion to Withdraw and Re-File Motion for Stay of Order
Pending Appeal (Doc. 21) should be withdrawn. (Doc. 30.) The
request is GRANTED, and said motions are deemed withdrawn.
parties have further stipulated to the following terms and
discovery schedule prior to the parties' appellate
mediation to be scheduled in September 2019:
Service of Written Discovery
April 30, 2019
Answers to Written Discovery
June 1, 2019
Rule 30(b)(6) Deposition of United Grain and Other
June 1, 2019-August 1, 2019
September 1, 2019-September 30, 2019
October 8, 2019
parties may stipulate to the extension of any of the above
without a court order, but such stipulations will not be
enforced unless they comply with Local Rule 83.4.
Limitations on Parties.
parties have stipulated to the following limitations during
this pre-mediation discovery period: (1) the discovery
contemplated shall not delay the appellate decision if
appellate mediation is not successful, but the scheduling of
the parties' appeals shall be at the direction of the
Court of Appeals for the Ninth Circuit; (2) the number of
depositions by Plaintiffs and Defendant shall not exceed five
without mutual agreement of the parties; (3) no party shall
serve requests for admissions during the limited discovery
period; (4) interrogatories and depositions shall count
towards the limitations on numbers of interrogatories and
depositions in Fed.R.Civ.P. 30 and 33, except that additional
interrogatories and/or additional depositions and/or the
retaking of depositions may be necessary if there are
incomplete written discovery responses or if they become
necessary due to the limited nature of the stipulated
October 8, 2019 Status Conference, the Court will determine
whether to stay this action pending resolution of the
parties' cross-appeals, or the Court will schedule
further matters through trial.
discovery, the exhibits shall be numbered seriatim. Numbers
used for exhibits during discovery shall be identically used
Foundation and Authenticity of Discovery
to Fed.R.Civ.P. 16(c)(2)(C), the parties stipulate to the
foundation and authenticity of all discovery items produced
in pre-trial disclosures and during the course of discovery.
However, if counsel objects to either the foundation or the
authenticity of a particular discovery item, then counsel
must make a specific objection to opposing counsel, in
writing, within thirty (30) days of service of the discovery
item. If a discovery item is produced and the producing party
objects either to its foundation or authenticity, the
producing party shall so state, in writing, at the time of