Plank v. SCP Global Technologies, Inc.

Full title: MILO PLANK, Plaintiff, vs. SCP GLOBAL TECHNOLOGIES, INC., Defendant

Court: United States District Court, D. Idaho

Date published: Apr 9, 2004

Case No. CV04-118-S-EJL (D. Idaho Apr. 9, 2004)

Opinion

Case No. CV04-118-S-EJL

April 9, 2004

LITIGATION ORDER

EDWARD LODGE, District Judge

On March 19, 2004, Plaintiff filed the above-entitled action.

THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:

1. Plaintiff shall serve this Order on all parties.

2. Within sixty-nine (69) days from the filing date of the Complaint, pursuant to Local Rule 16.1, the parties shall meet and determine:

A. A litigation plan¹;

1 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, mediation² or judicial settlement conference,

3. On or before May 24, 2004, the parties shall file with the court the Litigation Plan form and, if appropriate, the Consent to Proceed Before a Magistrate Judge form.

4. Within eighty-three (83) days from the filing date of the Complaint, 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 June 10, 2004, at 9:30 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 Dianc McDonald, Administrative Assistant, at 208-334-9270 and shall have all appropriate parties on the line,

2 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 m 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

DAY EVENT

1 Complaint Filed

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-Altemative Dispute Resolution (ADR) Discovery Deadline

DISTRICT COURT FILING DEADLINE: Motion to Amen

(ADR) Discovery Deadline. 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

531 TRIAL: Scheduled to begin on Tuesdays at 9:30 a.m. unless otherwise ordered.

LITIGATION PLAN FORM 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