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The Woodmont Co. v. LaSalle Shopping Center, LLC

United States District Court, D. North Dakota

October 17, 2017

The Woodmont Company and Woodmont Hay Creek, L.P., Plaintiffs,
v.
LaSalle Shopping Center, LLC and Hay Creek Development, LLC, Defendants.

          ZUGER KIRMIS & SMITH Lawrence E. King Attorneys for Plaintiffs The Woodmont Company and Woodmont Hay Creek, L.P.

          BAKKE GRINOLDS WIEDERHOLT Randall J. Bakke Shawn A. Grinolds Bradley N. Wiederholt Attorneys for Defendants LaSalle Shopping Center, LLC and Hay Creek Development, LLC.

          AMENDED SCHEDULING/DISCOVERY PLAN

          Charles S. Miller, Jr., Magistrate Judge.

         Pursuant to Rule 26(f), counsel for the parties certify that on October 4, 2017, they conferred to discuss the nature and basis of their clients' claims and defenses, the possibilities for a prompt settlement or resolution of the case, and a proposed discovery plan. After conferring, counsel for the parties have agreed upon the following:

         1. The parties shall make by November 15, 2016 Rule 26(a)(1) disclosures including preliminary identification of witnesses, evidence, damage calculations, and the production of the insurance contract(s), if any.

         2. The issues on which the parties need to conduct discovery are: Liability and damages. Discovery will occur through interrogatories and depositions of fact witnesses.

         3. The parties shall have until September 18, 2018, to complete fact discovery and to file discovery motions.

         4. The parties shall provide the names of expert witnesses and complete reports under Rule 26(a)(2) as follows: Plaintiff's expert disclosures shall be due September 18, 2018. Defendant's expert disclosures shall be due October 31, 2018. Reports will be served on other parties, but not filed with the court.

         5. The parties shall have until December 15, 2018 to complete discovery depositions of expert witnesses.

         6. The parties shall have until May 18, 2018, to move to join additional parties.

         7. The parties shall have until May 18, 2018, to move to amend pleadings to add claims or defenses.

         8. The parties shall have until February 16, 2018, to file other non-dispositive motions (e.g., consolidation, bifurcation).

         9. The parties shall have until July 20, 2018, to file threshold motions (e.g., jurisdiction, qualified immunity, statute of limitations). Discovery shall not be stayed during the pendency of such motions.

         10. The parties shall have until October 15, 2018, to file other dispositive motions (summary ...


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