Wave Petroleum Operating, LLC v. New IPT, Inc.

1:19-cv-00272NddFeb 4, 2021

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Wave Petroleum Operating, LLC, 	)
)
Plaintiff, 	)
) 	ORDER
vs. 	)
)
New IPT, Inc., 	)
)
Defendant and Third-Party 	)
Plaintiff, 	)
)
vs. 	)
) 	Case No. 1:19-cv-272
Liberty Resources II, LLC d/b/a Liberty 	)
Resources, 	LLC; 	Liberty 	Oilfield 	)
Services, LLC; and Ed Cooper Consulting, 	)
Inc., 	)
)
Third-Party Defendants. 	)
On 	February 	3, 	2021, 	the 	parties 	filed 	a 	Stipulation 	to 	Amend 	Joint 	Proposed
Scheduling/Discovery Plan and to vacate and Reset Trial. 	The court ADOPTS the parties’
stipulation (Doc. No. 52) and amends the pretrial deadlines as follows:
1. The parties shall have until February 15, 2021, to make Rule 26(a)(1) disclosures.
2. The parties shall have until March 31, 2021, to move to join additional parties.
3. The parties shall have until April 30, 2021, to amend pleadings to add claims
or defenses, including claims for punitive damages.
4. The parties shall have until May 31, 2021, to file other nondispositive motions
(e.g., consolidation, bifurcation).
5. The parties shall have until June 30, 2021, to file threshold motions (e.g.,
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Case 1:19-cv-00272-DLH-CRH Document 53 Filed 02/04/21 Page 1 of 2
jurisdiction, qualified immunity, statute of limitations). 	Discovery shall not be
stayed during the pendency of such motions.
6. 	The parties shall have until August 31, 2021, to complete fact discovery and to file
discovery motions
7. 	The parties shall provide the names of expert witnesses and complete reports
under Rule 26(a)(2) as follows:
a.. 	Wave by May 31, 2021;
b. 	New IPT by June 30, 2021; and
c. 	Liberty Oilfield and Ed Cooper by July 30, 2021.
8. 	The parties shall have until August 31, 2021, to complete discovery depositions of
expert witnesses.
11 	The 	parties 	shall 	have 	until September 30, 2021, 	to 	file 	other 	dispositive
motions (summary judgment as to all or part of the case).
The final pretrial conference scheduled for September 14, 2021, shall be rescheduled for February
22, 2022, at 9:00 a.m. before the magistrate judge by telephone. To participate in the conference,
the parties should call (877) 810-9415 and enter access code 8992581. 	The jury trial set for
September 27, 2021, shall be reschedule for March 7, 2022, at 9:00 a.m. in Bismarck before Judge
Traynor. A six (6) day trial is anticipated.
IT IS SO ORDERED.
Dated this 4th day of February, 2021.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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Case 1:19-cv-00272-DLH-CRH Document 53 Filed 02/04/21 Page 2 of 2

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