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Meyer v. Big Sky Resort

United States District Court, D. Montana, Butte Division

July 12, 2019

JOHN MEYER, Plaintiff,
v.
BIG SKY RESORT and SALEWA USA, LLC, Defendants.

          AMENDED SCHEDULING ORDER

          BRIAN MORRIS, UNITED STATES DISTRICT COURT JUDGE

         Defendant Big Sky Resort moved the Court on July 1, 2019, to issue a scheduling order in this matter. (Doc. 88.) Neither Defendant Salewa USA, LLC, nor Plaintiff John Meyer oppose Big Sky's motion.

         Accordingly, IT IS ORDERED that Big Sky Resort's Unopposed Motion for a Scheduling Order (Doc. 88) is GRANTED.

         IT IS FURTHER ORDERED:

         1. Scheduling Order. The Court issues the following scheduling order:

All parties shall disclose liability experts on or before:

November 8, 2019

Plaintiffs shall disclose damages experts (with Rule 26(a)(2) reports) on or before:

November 8, 2019

Defendant shall disclose damages experts (with Rule 26(a)(2) reports) on or before:

December 13, 2019

All parties shall disclose rebuttal experts on or before:

January 10, 2020

Discovery motions (with briefs) shall be filed no later than 10 days following the meet and confer required by Rule 26(c)(1) and Rule 37(a)(1).Discovery shall close on:

February 7, 2020

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

April 10, 2020

Status conference and motion hearing:

May 6, 2020, 1:30 p.m. Federal Courthouse Butte, Montana

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

June 5, 2020

Proposed final pretrial order:

June 19, 2020

Final pretrial conference:

July 2, 2020, 1:30 p.m. Federal Courthouse Butte, Montana

Trial briefs, jury instructions due:

July 7, 2020

Trial (6 member jury):

July 13, 2020, 9:00 a.m Federal Courthouse Butte, Montana

         A continuance of any deadline set by this Order does not extend any other deadline, absent order of Court permitting.

         IT IS FURTHER ORDERED:

         2. Local Rules and Electronic Filing.

         Parties are advised that revised Local Rules for the District of Montana became effective February 1, 2019, and apply in all cases pending when 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. Discovery motions not submitted in compliance with this Order will be denied.

         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.

         7. 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 within 30 days of receipt of the document. 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.

         8. Ex ...


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