Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

S Farms v. United Grain Corporation of Oregon

United States District Court, D. Montana, Billings Division

April 22, 2019

S FARMS and SINGLETON FARMS, Plaintiffs,
v.
UNITED GRAIN CORPORATION OF OREGON Defendant.

          ORDER ON PENDING MOTIONS TO STAY AND SCHEDULING

          TIMOTHY J. CAVAN UNITED STATES MAGISTRATE JUDGE.

         A status conference was held in this case on April 22, 2019. After discussion and upon the agreement of the parties, IT IS ORDERED:

         1. The 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(Doc. 12) and Defendant's Motion to Withdraw and Re-File Motion for Stay of Order Pending Appeal (Doc. 21) should be withdrawn.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 The request is GRANTED, and said motions are deemed withdrawn.

         2. The 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 Witnesses

June 1, 2019-August 1, 2019

Appellate Mediation

September 1, 2019-September 30, 2019

Status Conference

October 8, 2019

         The 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.

         3. Limitations on Parties.

         The 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 discovery.

         4. Further Scheduling.

         At the 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.

         5. Discovery Exhibits.

         During discovery, the exhibits shall be numbered seriatim. Numbers used for exhibits during discovery shall be identically used at trial.

         6. Foundation and Authenticity of Discovery Items.

         Pursuant 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 production. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.