IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHWESTERN DIVISION
April 5, 2011
DONNA LUNDAY, PLAINTIFF,
DIRK KEMPTHORNE, SECRETARY, UNITED STATES DEPARTMENT OF INTERIOR, OR HIS PREDECESSOR- IN-OFFICE; UNITED STATES DEPARTMENT OF INTERIOR, DEFENDANTS.
The opinion of the court was delivered by: Charles S. Miller, Jr. United States Magistrate Judge
On April 1, 2011, the parties filed a Stipulated Motion to Amend Join Scheduling Conference and Discovery Plan. The court GRANTS the parties' motion (Docket No. 41) and ORDERS that the scheduling order be amended as follows:
1. The parties shall have until May 20, 2011, to complete fact discovery; no party shall be required to respond to any discovery request which falls due after that date.
2. The parties shall have until June 10, 2011, to file other dispositive motions (summary judgment as to all or part of the case).
3. Plaintiff shall have until September 30, 2011, to provide the names of expert witnesses and complete reports under Fed. R. Civ. P. 26(a)(2). Defendant shall have until October 31, 2011, to provide the names of expert witnesses and complete reports under Fed. R. Civ. P. 26(a)(2). (Treating physicians need not prepare reports, only qualifications, unless they will express opinions not reflected in the medical records.) (Reports are to be served on other parties, but not filed with the Court.) The parties shall have until November 30, 2011, to conduct expert discovery.
The court further ORDERS that the bench trial set for November 14, 2011, shall be rescheduled for January 17, 2012, at 9:30 a.m. in Minot before Judge Hovland (4 days). The final pretrial conference shall be rescheduled for January 3, 2012, at 10:00 a.m. via telephone. The court shall initiate the conference call.
IT IS SO ORDERED.
Charles S. Miller, Jr.
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