Cobra Oil & Gas Corporation v. ShockCo Oil Tools, Inc.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Cobra Oil & Gas Corporation, 	)
)
Plaintiff, 	) 	ORDER ADOPTING STIPULATION
) 	TO AMEND SCHEDULING ORDER
vs. 	)
)
ShockCo Oil Tools, Inc., 	) 	Case No. 1:20-cv-193
)
Defendant. 	)
On December 28, 2023, the parties filed a Joint Stipulation to Amend Scheduling Order.
(Doc. No. 39). The court ADOPTS the parties’ stipulation (Doc. No. 39) and AMENDS the pretrial
deadlines as follows:
(1) 	All fact discovery shall be completed by August 2, 2024, with all with all discovery
pursuant to Rules 33, 34, and 36 to be served a minimum of thirty-three (33) days
prior to the deadline.
(2) 	Discovery motions are due by August 16, 2024.
(3) 	The deadlines for providing the names of expert and complete expert witness reports
are:
(a) 	July 12, 2024, for Plaintiff;
(b) 	August 12, 2024, for Defendant; and
(c) 	September 1, 2024, for any rebuttal experts.
(4) 	Discovery depositions of expert witnesses shall be completed by October 4, 2024.
(5) 	Dispositive motions are due by August 2, 2024.
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The jury trial scheduled for January 29, 2024, shall be rescheduled for November 4, 2024,
at 9:30 AM in Bismarck courtroom #2. 	A five (5) day trial is anticipated. 	The final pretrial
conference set for January 17, 2024, shall be rescheduled for October 22, 2024, at 9:00 AM by
telephone. To participate in the conference, the parties shall call (877) 810-9415 and enter access
code 8992581. The conference may be recorded for the convenience of the court.
MOTIONS IN LIMINE
Motions in limine shall be filed at least thirty (30) days prior to trial unless otherwise
instructed by the court.
PRIOR TO FINAL PRETRIAL CONFERENCE
Prior to the date of the final pretrial conference, counsel shall confer in person, by video, or
by telephone for the purpose of examining and marking exhibits, as detailed below. At least two (2)
business days before the final pretrial conference, counsel shall e-mail the following documents to
ndd_J-Hochhalter@ndd.uscourts.gov:
(1) 	Exhibit List for each party;
(2) 	Witness List for each party; and
(3) 	Expert Reports.
Exhibits: Counsel are directed to complete the physical marking and numbering of all papers
and objects that are expected to be introduced as exhibits. Each exhibit is to be separately marked
with an exhibit sticker. The parties must number the exhibits consecutively, with each party using
separate numbers with sufficient gaps for unanticipated or rebuttal exhibits (e.g., the plaintiff using
numbers P1-P20 and the defendant using numbers D50-D70). The exhibits shall be listed in the form
of the Exhibit List posted on the court's website (http://www.ndd.uscourts.gov/forms/). If an exhibit
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includes subparts (e.g., multiple photographs marked as Exhibits 1A-1F), each subpart must be listed
separately. Counsel will retain the exhibits in their possession. Counsel must disclose and list all
exhibits relating to an issue on which their client has the burden of proof or the burden of going
forward with the evidence. Each listed exhibit shall be designated as “will offer” or “may offer.”
Documents to be used solely for rebuttal purposes need not be numbered or listed until identified
at trial.
Failure to list an exhibit as required by this order or to disclose an exhibit to adverse counsel
will result, except upon a showing of good cause, in exclusion of the exhibit as evidence at trial.
Each party shall make its exhibits available for inspection by other parties prior to the final pretrial
conference.
Witness Lists: Counsel must submit a list identifying each witness counsel anticipates
calling at trial and indicate whether each will be called or may be called. Failure to list a witness
as required by this order or to disclose a witness to adverse counsel will result, except upon a
showing of good cause, in exclusion of the witness from testimony at trial. Witness lists must also
include an estimate of the length of each witness' testimony, an indication of whether each is a fact
witness or an expert witness, and whether appearance of any witness by remote means is requested.
Counsel are encouraged to confer regarding anticipated order of witness testimony.
Expert Reports: Copies of expert reports prepared in accordance with Rule 26(a)(2)(B) by
those 	experts 	the 	parties 	anticipate 	calling 	as 	witnesses 	shall 	be 	e-mailed 	to
ndd_J-Hochhalter@ndd.uscourts.gov at least two business days before the conference.
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AT THE FINAL PRETRIAL CONFERENCE
At the final pretrial conference, the parties should be prepared to discuss the voir dire
process, the anticipated length of opening and closing statements, the details of each party's exhibit
list, the details of each party's witness list, requests for sequestration of witnesses, responsibility for
deposition editing, if required, any technology needs, and the anticipated length of each party's
presentation. The parties should confer about those matters in advance of the final pretrial
conference.
FOLLOWING FINAL PRETRIAL CONFERENCE AND PRIOR TO TRIAL
Trial Memorandum: Counsel for the respective parties shall file a trial memorandum at
least seven (7) days before the commencement of trial. The trial memorandum shall include a
general statement of the case, citation of the authority upon which the party relies on unresolved
legal issues, a general statement of the evidence to be offered, a statement of any evidentiary or
procedural problem expected to arise, with citations of authority, and objection to admissibility of
any exhibit identified in an adverse party's exhibit list. The court strongly encourages agreement as
to foundation and expects counsel to waive foundation unless there is a strong, specific objection
to a particular exhibit. Objections not disclosed in the trial memorandum (other than objections
under Federal Rules of Evidence 402 and 403) shall be deemed waived unless excused by the court
for good cause shown. See Fed. R. Civ. P. 26(a)(3).
Depositions: At least fourteen (14) days before trial, the offering party shall file and serve
a designation of those portions of any depositions which will be presented at trial and the manner
in which each of those depositions was recorded. A transcript of the pertinent portions of any
deposition not stenographically recorded shall accompany the designation. The other parties shall
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have until seven (7) days before trial to designate additional portions of any deposition appearing
on the offering party's list.
Any party who objects to admissibility of deposition testimony to be offered shall have until
four (4) days prior to trial to file a list of objections it intends to preserve. All other objections will
be deemed waived. Counsel shall then confer prior to commencement of the trial regarding editing
of the depositions.
As to any deposition which may be used only if the need arises (other than solely for
impeachment purposes), the offering party shall notify the court and other parties at least forty-eight
(48) hours in advance that it will be offering the deposition at trial and identify the portions to be
offered. The other parties shall then have twenty-four (24) hours to identify additional portions and
to preserve any objections to admissibility of the deposition testimony. Objections not specifically
preserved will be deemed waived. Counsel shall then confer prior to the offering of the deposition
regarding editing of the testimony.
Jury Instructions: In jury cases, each party must serve and file requested jury instructions
and a proposed verdict form at least seven (7) days prior to the commencement of trial. Each party
must also submit the instructions to ndd_J-Hochhalter@ndd.uscourts.gov. A party may present
additional requests for instructions relating to issues arising during the trial at any time prior to
closing argument.
All requests for instructions must be plainly marked with the number of the case and must
designate the party submitting the request. Each requested instruction must be numbered and written
on a separate page, together with a citation of authorities supporting the proposition of law stated
in the instruction. A party requesting an Eighth Circuit or North Dakota pattern instruction need only
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designate the pattern jury instruction number and name, unless the pattern instruction is modified.
If the pattern instruction is modified, the entire instruction must be submitted and must be clearly
identified as modified.
IT IS SO ORDERED.
Dated this 29th day of December, 2023.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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