United States District Court, D. Montana, Butte Division
RONALD W. YAKIMOW and TINA M. YAKIMOW, Plaintiffs,
CRAPO, LTD, CRAPO TRUCKING CO., DAVID ROSS DAVIS, AND DOES 1-5, Defendants.
Morris United States District Court Judge
Court conducted a status conference in this case on June 12,
2019. Plaintiff was represented by David R. Paoli, Esq., and
Defendant was represented by Marshal L. Mickelson.
Scheduling Order: The following schedule, established with
the concurrence of the parties, will be observed:
All parties shall disclose liability experts, and
Plaintiff shall disclose damages experts, on or
September 13, 2019
Defendant shall disclose damages experts (with Rule
26(a)(2) reports) on or before:
October 11, 2019
All parties shall disclose rebuttal experts (with
Rule 26(a)(2) reports) on or before:
October 25, 2019
Discovery shall close on:
December 6, 2019
All pretrial motions, other than discovery motions,
shall be filed and fully briefed on or before:
January 10, 2020
Status conference and hearing on all pending motions:
January 23, 2020, at 1:30 p.m.
Proposed final pretrial order:
February 7, 2020
Final pretrial conference:
February 20, 2020, at 1:30 p.m.
Mike Mansfield Courthouse Butte, Montana Trial
briefs, jury instructions due:
March 2, 2020
Trial (6 member jury):
March 9, 2020, at 9:00 a.m Mike Mansfield Courthouse
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
IS FURTHER ORDERED:
Local Rules and Electronic Filing.
are advised that revised Local Rules for the District of
Montana became effective February 1, 2019, 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.
Service by E-Mail for Parties Not Filing
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).
Amending Pleadings or Joining Parties.
are not required to seek leave of the Court to amend
pleadings or join parties prior to the deadline established
in paragraph 1.
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
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.
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.
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
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
Identification and Authenticity of Written
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.