Opinion
Case No. CV03-284-N-EJL.
July 15, 2003.
LITIGATION ORDER
On July 7, 2003, the above-entitled action was removed to federal court.
THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
1. Plaintif shall serve this Order on any unserved party.
2. Pursuant to Local Rule 16.1, the parties shall meet and determine:
Attached is a Civil Case Litigation Outline which shall be used by the parties in determining their case litigation plan. The Court will expect the outline to be followed unless a showing by the parties is made that the case is highly complex in nature.
B. If consenting to the jurisdiction of a magistrate judge is appropriate; and
C. If the case is suitable for an alternative dispute resolution (ADR) program such as arbitration, mediation or judicial settlement conference.
3. On or before September 23, 2003, the parties shall file with the court the Litigation Plan form and, if appropriate, the Consent to Proceed Before a Magistrate Judge form.
4. Initial disclosures shall be made by the parties pursuant to Federal Rules of Civil Procedure 26.1 and Local Rule 16.1.
5. A telephonic scheduling conference shall be held on October 7, 2003, at 10:00 a.m. mountain time, for the purpose of confirming the deadlines proposed by the parties in the Litigation Plan Form and to set the matter for trial.
6. Counsel for Plaintiff shall initiate the conference call by placing it to Diane McDonald, Administrative Assistant, at 208-334-9270 and shall have all appropriate parties on the line.
Pursuant to Local Rule 16.5, the parties shall discuss and determine whether or not they will participate in a mediation program. Mediation is a process whereby a trained, experienced and impartial neutral, selected by the parties and or the Court, will facilitate discussion, and assist in identifying issues and generating options in an attempt to resolve the dispute which prompted the litigation.
A party can move for withdrawal from the mediation process upon a showing that reasons exist as to why mediation would not be productive or otherwise should not a occur.
CIVIL CASE LITIGATION OUTLINE
DAY EVENT1 Complaint Removed
69 Parties Meet on Litigation Plan (Local Rule 16.1)
80 DISTRICT COURT FILING DEADLINE : Joint Litigation Plan Form
83 Case reviewed by Court for: (1) Completion of service (2) Consent to a Magistrate Judge Form (3) Litigation Plan Form Initial Disclosure Deadline (FRCP 26.1, and Local Rule 16.1)
90 TELEPHONE SCHEDULING CONFERENCE
135 Expert Disclosure by plaintiff
165 Expert Disclosure by defendant
180 Rebuttal Expert Disclosure by plaintiff
210 Pre-Alternative Dispute Resolution (ADR) Discovery Deadline DISTRICT COURT FILING DEADLINE : Motion to Amend
240 ADR Conference (Mediation, Arbitration or Settlement Conference)
247 DISTRICT COURT FILING DEADLINE : ADR Status Report
300 Final Discovery Deadline
330 DISTRICT COURT FILING DEADLINE : Pre-Trial Motions (6 months before trial) Responsive Pleadings Due 21 Days from Receipt of Motion Reply Pleadings Due 10 Days from Receipt of Response
DISTRICT COURT FILING DEADLINE : Dispositive Motions Responsive Pleadings Due 21 Days from Receipt of Dispositive Motion Reply Pleadings Due 10 Days from Receipt of Response
500 DISTRICT COURT FILING DEADLINE: Motions in Limine
517 DISTRICT COURT FILING DEADLINE : Jury Instructions, Trial Brief, Voir Dire
531 TRIAL : Scheduled to begin on Tuesdays at 9:30 a.m. unless otherwise ordered.
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO
) ) Plaintiff(s), ) Case No. CV ) vs. )) LITIGATION PLAN FORM)
) Defendant(s). ) )
PLEASE INDICATE DATES WHERE APPLICABLE
1. Expert Witness Disclosure:Plaintiff: __________
Defendant: __________
Rebuttal: __________
2. Amendment to Pleadings, Joinder of Parties, Pre-ADR Discovery deadline: __________
3. ADR Conference: Mediation, Arbitration, Settlement Conference (please choose one) to be held by: __________
4. Final Discovery Due: __________
5. Non-Dispositive Dispositive Pre-Trial Motions Deadline: __________
Responsive Pleadings Due 21 Days from Receipt of Motion
Reply Pleadings Due 10 Days from Receipt of Response
6. Proposed Trial Date(s):
____________________ first preference
____________________ second preference
____________________ third preference
7. Trial; Jury or Court
8. Total Projected Number of Days: _____
9. Location: __________
10. Referral Status: To be determined by the Court.
_________________________ ___________________ Attorney for Plaintiff Date
_________________________ ___________________ Attorney for Defendant Date