Opinion
BANKRUPTCY CASE NO. 01-00134, Adversary No. 02-00006
October 22, 2002
MAIR, MAIR, SPADE THOMPSON, Hagåtña, Guam, for Trustee Roger D. Slater.
SCHEDULING ORDER AND DISCOVERY PLAN
SCHEDULING ORDER
Pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure, and L.R. 16.1, made applicable to this bankruptcy proceeding by virtue of Local Bankruptcy Rule (LBR) 1001-1, the parties hereby submit the following Scheduling Order and Discovery Plan.
1. The nature of this case is as follows: Plaintiff has filed a complaint against Defendants for Breach of Contract, Enforcement of Statutory Trust Provisions of the Perishable Agricultural Commodities Act ("PACA"), Breach of Fiduciary Duty by PACA Trust Trustees, Declaratory Relief, Injunctive Relief and Constructive Fraud.
2. The posture of the case is as follows:
(a) The following motions are on file (pending):
None at the present time.
(b) The following motions have been resolved:
Plaintiff's Motion for Immediate Turnover of PACA Trust
Assets Not Part of the Bankrupt Estate.
(c) The following formal discovery has been initiated:
None.
3. All motions to amend pleadings shall be filed not later than October 21, 2002.
4. Status of discovery:
The Discovery Plan (filed concurrently herewith) is adopted and incorporated as part of this Scheduling Order.
5. The parties shall appear before the District Court on October 23, 2002 for the Scheduling Conference.
6. The discovery cutoff (defined as the last day to file responses to discovery) is November 8, 2002.
7. (a) The anticipated discovery motion are:
None at this time.
(b) All discovery motions shall be filed not later than November 15, 2002.
(c) All potentially dispositive motions shall be filed not later than November 22, 2002 and heard not later than December 20, 2002.
8. The prospects for settlement are:
Unknown at this time.
9. The preliminary pretrial conference shall be held on December 19, 2002 at 3:00 p.m.
(not later than 21 days before trial).
10. The parties' pretrial materials, discovery materials, witness lists, exhibit lists and designation of discovery responses shall be filed not later than December 27, 2002 (not later than 14 days before trial).
11. The proposed pretrial order shall be filed not later than December 27, 2002 (not later than 7 days before trial).
12. The final pretrial conference shall be held on January 3, 2003(not later than 7 days before trial). 3:00 p.m.
13. The trial shall begin on January 13, 2003. 7:30 a.m.
14. There is no jury, the trial is to the Court.
15. It should take 3-4 days to conduct the trial.
16. The names of counsel are:
Maria T. Cenzon-Duenas for Defendants.
Terrence M. Brooks for Plaintiff.
17. At this time, the parties do not request a settlement conference.
18. The parties present the following suggestions for shortening trial:
Closing of the bankruptcy case (BC01-00134).
19. The following issues will effect the status or management of the case:
None at this time.
DISCOVERY PLAN
1. Depositions of witnesses may begin at once and be taken as needed.
2. Unless additional discovery is ordered by the Court, the parties may serve one set of interrogatories not to exceed 25 and one set of requests for admissions not to exceed 25. The parties may serve any number of requests for production of documents. Unless a shorter time is agreed to, all written discovery shall be served by a date as to afford the answering party the full response time permitted by the applicable rules prior to the discovery cutoff.
3. The parties, except as otherwise noted, agree as follows:
a. The initial disclosures required under Fed.R.Civ.P. 26(a)(1) shall be made not later than October 21, 2002; provided, however, that such disclosure shall be made prior to the filing of any dispositive motion by either party.
b. Disclosure of expert testimony required under Fed.R.Civ.P. 26(a)(2) shall be made not later than October 28, 2002.
c. Subsequent designation of rebuttal expert testimony under Fed.R.Civ.P. 26(a)(2) shall be made not later than November 4, 2002.
d. Depositions of experts designated under Fed R. Civ. 26(a)(2) and paragraph 3.b. above, shall be completed not later than November 12, 2002. Depositions of rebuttal experts, if any are designated under Fed.R.Civ.P. 26(a)(2) and paragraph c. above, shall not be completed not later than November 19, 2002.
4. The pretrial disclosures required by Fed.R.Civ.P. 26(a)(3) shall be made not later than October 21, 2002.
5. Other than the 25 count limit on interrogatories and requests for admissions, the parties do not anticipate requiring any other changes or limitations on discovery as may be imposed under federal or Local Rules.
6. The cutoff date for discovery (defined as the last day to file responses to written discovery) is November 22, 2002. Depositions may be taken until the cutoff date and as provided above in paragraphs 3 and 4.
Maria T. Cenzon-Duenas ______________________ MARIA T. CENZON-DUENAS
Terrence M. Brooks __________________ TERRENCE M. BROOKS