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Moto Tech, LLC v. Ktm North America, Inc.

United States District Court, Ninth Circuit

September 10, 2013

MOTO TECH, LLC, an Idaho limited liability company, Plaintiff,
v.
KTM NORTH AMERICA, INC., an Ohio corporation, Defendant.

CASE MANAGEMENT ORDER

B. LYNN WINMILL, Chief District Judge.

In accordance with the agreements reached in the Telephone Scheduling Conference on September 10, 2013, and to further the efficient administration of this matter,

NOW THEREFORE IT IS HEREBY ORDERED, that the following recitation of deadlines and procedures shall govern this litigation:

1. Dispositive Motion Deadline: All dispositive motions shall be filed on August 1, 2014. This deadline will not be extended even if you are having discovery disputes.

a. This is the critical event for case management and will dictate when the trial will be set.
b. As provided below, a trial setting conference will be scheduled immediately following resolution of all dispositive motions. To facilitate a prompt trial setting, I will make every effort to schedule oral argument within 60 days and issue a decision within 30 days after the oral argument. If a decision is not issued within this time frame, I invite inquiry from counsel as to the status of the decision.

2. Amendment of Pleadings and Joinder of Parties: All motions to amend pleadings and join parties, except for allegations of punitive damages, shall be filed on or before December 10, 2013. This deadline shall only be extended for good cause shown.[1] All parties are entitled to know the claims and parties well-before trial rather than be forced to pursue or defend against a moving target. Although this deadline precedes the general discovery deadline, the parties are directed to send out all discovery requests that might relate to amendment or joinder enough in advance of this amendment and joinder deadline to obtain the responses needed to make an informed decision on amendment and joinder.

3. Alternative Dispute Resolution Plan: The parties shall file an ADR plan by December 10, 2013. They can contact the Court's ADR Coordinator Susie Headlee at (208) 334-9067 to discuss the Court's ADR options.

4. Completion of Discovery: All discovery will be completed by July 27, 2014. This is a deadline for the completion of all discovery; it is not a deadline for discovery requests. Discovery requests must be made far enough in advance of this deadline to allow completion of the discovery by the deadline date. The parties may, by stipulation, agree to defer some trial-related discovery, such as discovery related to damages issue, until after I have ruled on any dispositive issues.

7. Disclosure of Experts:

a. The Plaintiff shall disclose the experts intended to be called at trial on or before April 25, 2014.
b. The Defendant shall disclose the experts intended to be called at trial on or before May 26, 2014.
c. All rebuttal experts shall be identified on or before June 9, 2014.

8. Rules Governing Disclosure of Expert Witnesses: Within the deadlines for the disclosure of expert witnesses set out above, the parties shall also provide - for each expert disclosed - the report described in Fed.R.Civ.P. 26(a)(2)(B), as modified by Local Rule 26.2(b). Supplementation to the expert witness report shall be done in accordance with Fed.R.Civ.P. 26(e)(1). Pursuant to Local Rule 26.2(b), expert witnesses will not be allowed to offer any opinion not disclosed in the mandatory Rule 26 disclosures, ...


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