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Tuttle v. Treasure Valley Marine, Inc.

United States District Court, D. Idaho

August 31, 2016

KELLEY TUTTLE, Plaintiff,
v.
TREASURE VALLEY MARINE, INC., an Idaho corporation, BOHNENKAMPS WHITEWATER CUSTOMS, INC., an Idaho corporation, NIAGARA JET ADVENTURES, LLC, a New York limited liability company, CHRISTOPHER and RACHEL BOHNENKAMP, married individuals; KEYBANK NATIONAL ASSOCIATION, a national banking association with its principal place of business in Ohio, d/b/a KeyBank, Defendant.

          AMENDED MANAGEMENT ORDER

          B. LYNN WINMILL CHIEF U.S. DISTRICT COURT JUDGE

         The Court has before it the Motion for Extension (Dkt. 31). In accordance with the status conference conducted on August 30, 2016, the motion is GRANTED.

         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 May 1, 2017.[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 December 9, 2016. 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 September 9, 2016. 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. Parties may have until June 16, 2017 to work out an e-discovery plan. Parties are limited to 10 depositions per side, but may request additional depositions. Before making such a request, the parties shall meet and confer about whether they can agree on the possible additional depositions. If no agreement is met, the parties shall contact the Court through the Court's handling of discovery disputes process outlined in section 10 below. Any such request must be made by no later than February 3, 2017. The party requesting additional depositions must be prepared to justify the need for the additional depositions by explaining in detail which depositions have been taken, why such depositions were not sufficient, and identifying who they want to depose and why they need to be deposed.

         5. Completion of Discovery: All discovery will be completed by April 3, 2017. 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.

         6. Disclosure of Experts:

a. The Plaintiff shall disclose the experts intended to be called at trial on or before February 8, 2017.
b. The Defendant shall disclose the experts intended to be called at trial on or ...

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