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Asset Vision, LLC v. Fielding

United States District Court, Ninth Circuit

November 6, 2013

ASSET VISION, LLC, an Idaho limited liability company, and DEER VALLEY TRUCKING INC., an Idaho corporation, Plaintiffs,
v.
CREG FIELDING, an individual, BRAD HALL, an individual, COLE HALL, an individual, and BRAD HALL & ASSOCIATES, INC., an Idaho corporation, Defendants.

CASE MANAGEMENT ORDER TRACK: (Expedited)

B. LYNN WINMILL, Chief District Judge.

In accordance with the agreements reached in the telephone scheduling conference held between counsel and the Court on November 6, 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 by July 31, 2014.[1] 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 February 28, 2014. This deadline shall only be extended for good cause shown.[2] 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 also file an ADR plan by January 31, 2014. The ADR plan must indicate the form of ADR that will be utilized and the date on which it will be conducted.

4. Discovery Plan: All discovery shall be in accordance with the Federal Rules of Civil Procedure and the Local Rules.

a. Disclosures: to take place no later than December 15, 2013.
b. Depositions: limited to 6 per side, not including experts, if any, which may be separately deposed.
c. Interrogatories: Federal limit of 25 enforced.
d. ESI: As set forth in stipulation and Order (Dkts. 34 and 37).
e. Privilege and work product: A presumption shall apply that emails to and from attorneys in the first instance are privileged and/or work product and need not be produced or reviewed for production. The parties agree to exchange privilege logs at a mutually agreeable time. The parties further agree that privileged communications ...

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