United States District Court, D. Idaho
CENTER FOR BIOLOGICAL DIVERSITY, WESTERN WATERSHEDS PROJECT, FRIENDS OF THE CLEARWATER, and WILDEARTH GUARDIANS, Plaintiffs,
ORDER. (LEGAL TRACK)
B. LYNN WINMILL, Chief District Judge.
In accordance with the agreements reached in the Telephone Scheduling Conference on September 4, 2014, 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 June 12, 2015. 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 October 6, 2014. This deadline shall only be extended for good cause shown. 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 their ADR plan on or before December 3, 2014. They may contact the Court's ADR Coordinator Susie Headlee at (208) 334-9067.
4. Discovery Plan: On or before October 1, 2014, the parties will exchange Rule 26(a)(1) initial disclosures. The parties propose no changes to the timing, form, or requirements of Rule 26(a). The parties anticipate discovery on the following subjects: 1) the occurrence of past lynx trapping and/or snaring in Idaho, 2) the likelihood of future lynx trapping and/or snaring in Idaho, and 3) the bases for Plaintiffs' standing and claims of injury. The parties intend to complete discovery in this case by 5/13/15, as indicated below.
a. At this time, the parties anticipate no issues with the disclosure or discovery of electronically stored information.
b. At this time, neither party intends to assert any claim of privilege (other than the attorney-client or work product privileges) over any document to be disclosed or produced through discovery. Should discovery involve sensitive biological or personal data, the parties will attempt to reach agreement regarding protection of such data.
c. The parties propose no changes to the presumptive limitations on written discovery set forth in Rules 33, 34, and 36. The parties propose to limit themselves to 10 depositions each, with each such deposition not to exceed a 5-hour period over the course of 1 day.
d. At this time, the parties request only the entry of a scheduling order pursuant to Rule 16(b)(1). To the extent the deadlines set forth in this Litigation Plan meet the Court's approval, the parties respectfully request that those dates be incorporated therein.
5. Completion of Discovery: All discovery will be completed by May 13, 2015. 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 ...