20180907Litigation Plan.pdf

Case 1:18-cv-00236-REB Document 20 Filed 08/28118 Page 1 of 3
LITIGATION PLAN
(Revised Effective 8 I 28 I 2018)
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Borse, idahoPRESIDING JUDGE: BuSh
DATE OF CASE MANAGEMENT CONFERENCE: September 4,2018
CASE NO: l:18-cv-236-REB NATURE OF SUIT: PURPA 210(h)
CASE NAME: Franklin Energy Storage One, LLC, et al. v. Kjellander, et al.
PARTY SUBMITTING PLAN:
X Plan has been stipulated to by all parties.
E Plan has not been stipulated to, but is submitted by:
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ATTORNEY: Steven B. Andersen
REPRES ENTING : Defendant(s)
CASE MANAGEMENT TRACK: Indicate the track that best fits your case.
Designation of a track is not binding but will assist the Court in assessing its
workload and selecting a trial date and discovery schedule that meets counsel's
needs.
Expedited Track - Cases on this track will typically be set for ffial
approximately 9 to 12 months following the case management conference,
take 4 days or less to try, and involve limited discovery.
tr Standard Track - Cases on this track will typically be set for trial
approximately 12 to 15 months following the case management conference,
take about 5-10 days to try, and involve typical discovery. Most cases fall
within this category.
Complex Track - Cases on this track will typically be set for trial
approximately 15 to 24 months following the case management conference,
take more than 10 days to try, involve extensive discovery, and involve
extensive expert testimony.
Legal Track - Cases that involve legal issues likely to be resolved by
motion rather than trial. There will be little, if any, discovery. A motion
hearing will be set at the case management conference.
x
Case 1:18-cv-00236-REB Document 20 Filed 08/28118 Page 2 of 3
2. DISPOSITIVE MOTIONS FILING CUT-OFF DATE: November 2,2018
This is the critical event for case management and will dictate when the
trial will be set. Unless the case is resolved through dispositive motions,
the case will likely be tried within 6 months following this date.
Therefore, this cut-off date should be set within 3-6 months following
the case management conference for an expedited track case, within
6-9 months for a standard track case, and within 12-18 months for a
complex track case.
JOINDER OF PARTIES & AMENDMENT OF PLEADINGS CUT.OFF
DATE: September 28, 2018
(Not more than 3 months following the Case Management Conference. This is the
deadline for the filing of a motion).
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4.ALTERNATE DISPUTE RESOLUTION OPTIONS - Pursuant to Local Rule
16.l and l6.4,the parties must meet and confer about (l) whether they might
benefit from participating in some form of ADR process; (2) which type of ADR
process is best suited to the specific circumstances in their case; and (3) when the
most appropriate time would be for the ADR session to be held.
Check Preference:
tr Mediation (General Order No. 130) (Local Rule 16.4(bX2))
tr Settlement Conference (Local Rule 16.4(b)(1))
tr Arbitration (Local Rule 16.4(b)(3))
tr Voluntary Case Management Conference (Local Rule l6.l(b)).
X Other: ADR is not appropriate for this case.
ADR to be held by: Click here to enter a clate
Regardless of whether the parties choose mediation, a judicially-
supervised settlement conference, or some other form of ADR, the Court
strongly encourages the attorneys to schedule ADR early in the
proceedings and in advance of the filing of dispositive motions so as to
reduce the cost of litigation for their clients. In addition, the trial will be
set very soon after the resolution of dispositive motions so that there will
be little time to engage in meaningful ADR after that date.
5. DISCOVERY PLAN. Fed. R. Civ. P.26(f): Click here to enler a dale
Case 1:18-cv-00236-REB Document 20 Filed 08/28/18 Page 3 of 3
As required by Rule 26(f), the parties must submit a detailed Discovery
Plan to the Court in advance of the Case Management Conference. The
Court expects the Discovery Plan will represent a good faith effort by
all counsel to expedite the process and reduce the cost of discovery.
At a minimum, the Plan shall cover the topics set forth in Rule 26(f)(3),
including the timing of initial disclosures, the subjects on which
discovery is necessary, the timing of discoyary, when discovery will be
completed, whether phasing of discovery is appropriate, issues
concerning ESI which need to be resolved, and whether there is a dispute
among the parties in applying the proportionality standard of Rule
26(bXl). N/A
FACTUAL DISCOVERY CUT-OFF DATE: Click here to enter a clate
(15-30 days prior to the dispositive motion cutoff).
6.
date
Counsel may, however, stipulate that after dispositive motions have been
decided the parties will engage in additional discovery focused on trial
preparation. This may include discovery relating to damage claims and
other issues not typically resolved by dispositive motions. N/A
7. EXPERT DISCOVERY CUT-OFF DATE: (-tick here 1o entel a tlate
N/A
8. EXPERT TESTIMONY DISCLOSURES: Local Rule 26.2(b)
N/A
Plaintiff identify and disclose expert witnesses by: Click here to enter a
(60 days prior to the discovery cut-off).
Defendant identify and disclose experts by: Click here to enter a date.
(30 days after Plaintiff s disclosure.)
Plaintiff s Disclosure of rebuttal experts by: Click here to enter a clate.
(2 weeks after Defendant's disclosure.)
All discovery relevant to experts completed by: Clicl< here to enter a clate
TRIAL DATE: The date of the trial and the pretrial conference will be scheduled
at a trial scheduling conference following the resolution of dispositive motions or
the conclusion of Court-supervised ADR.
a.
b.
c.
d.
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