Christianson v. McLean County et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Dirk Christianson, 	)
)
Plaintiff, 	)
) 	ORDER
vs. 	)
McLean County, a Political Subdivision of 	)
the State of North Dakota; Underwood 	)
Clinic, P.C. d/b/a Washburn Clinic; Jerry 	)
“J.R.” Kerzmann, individually, and as 	)
Sheriff of McLean County; Kerri Benning, 	)
FNP-C, individually, and as Health Care 	)
Authority; Ashley Brossart, RN, 	)
individually, and as Contract Nurse; John 	)
Doe 1-4, individually, and as McLean 	)
County Correctional Officers; John Doe 5-8, 	) 	Case No. 1:21-cv-073
individually, and as McLean County 	)
Detention Center Medical Staff; 	)
)
Defendants. 	)
On January 31, 2024, the parties filed a Stipulation to Amend Scheduling/Discovery Plan.
(Doc. No. 64). 	The court ADOPTS the stipulation (Doc. No. 64) and AMENDS the pretrial
deadlines as follows.
1. 	Fact discovery will be completed by April 1, 2024. All discovery pursuant to Rules
33, 34, and 36 to be served by March 1, 2024.
2. 	Discovery motions are due by April 1, 2024.
3. 	The deadlines for exchanging complete expert witness reports are:
a. 	May 1, 2024, for Plaintiff; and
b. 	June 3, 2024, for Defendants.
4. 	Discovery depositions of expert witnesses shall be completed by July 19, 2024.
1
Case 1:21-cv-00073-DLH-CRH Document 65 Filed 02/02/24 Page 1 of 5

5. 	Dispositive motions are due by September 6, 2024
To allow time for briefing and consideration of any dispositive motions that may be filed, the court
finds it necessary to continue the final pretrial conference and jury trial, which are respectively
scheduled for October 8 and 21, 2024. The final pretrial conference shall therefore be rescheduled
for February 18, 2025, at 9:00 AM by telephone before the magistrate judge. To participate in the
conference, the parties should call (877) 810-9415 and enter access code 8992581. The jury trial
shall be rescheduled for March 3, 2025, at 9:00 AM in Bismarck (Eagle courtroom) before Judge
Daniel L. Hovland. A seven (7) day trial is anticipated.
IT IS SO ORDERED.
Dated this 2nd day of February, 2024.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
2
Case 1:21-cv-00073-DLH-CRH Document 65 Filed 02/02/24 Page 2 of 5

-1-
UNITED STATES DISTRICT COURT
DISTRICT OF NORTH DAKOTA
Dirk Christianson,
Plaintiff,
vs.
McLean County, a Political Subdivision of
the State of North Dakota; Underwood
Clinic, P.C. d/b/a Washburn Clinic; Jerry
“J.R.” Kerzmann, individually, and as
Sheriff of McLean County; Kerri Benning,
FNP-C, individually, and as Health Care
Authority; Ashley Brossart, RN,
individually, and as Contract Nurse; John
Doe 1-4, individually, and as McLean
County Correctional Officers; John Doe 5-8,
individually, and as McLean County
Detention Center Medical Staff;
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Civil No: 1:21-cv-00073-DLH-CRH
STIPULATION TO AMEND SCHEDULING/DISCOVERY PLAN
Counsel for the parties, having met and conferred, hereby stipulate and agree to extend
the following deadlines:
1. 	Fact Discovery: April 1, 2024. All written discovery to be served by March 1,
2024.
2. 	The deadline for filing discovery motions: April 1, 2024.
3. 	The deadlines for exchanging complete expert witness reports are:
a. 	Plaintiff: 	May 1, 2024
b. 	Defendants: 	June 3, 2024
4. 	Discovery depositions of expert witnesses to be completed by July 19, 2024
Case 1:21-cv-00073-DLH-CRH 	Document 64 	Filed 01/31/24 	Page 1 of 3
Case 1:21-cv-00073-DLH-CRH Document 65 Filed 02/02/24 Page 3 of 5

-2-
5. 	Dispositive motions are due September 6, 2024.
The parties respectfully request that the Court enter an order adopting this stipulation.
The parties have met and conferred as to the extension of additional deadlines and have
been unable to come to an agreement. 	They will reach out to the Court for an informal
conference to discuss those disagreements, but there is consensus as to the amendments outlined
above.
Dated this 31 st day of January, 2024.
LARSON LAW FIRM, P.C.
/s/ Shelby Larson
Mark V. Larson (ID #03587)
Shelby Larson (ID #08524)
1020 North Broadway
P.O. Box 2004
Minot, North Dakota 58702
Phone: (701) 839-1777
larslaw@srt.com
Attorneys for Plaintiff
Dated this 31 st day of January, 2024.
CROWLEY FLECK PLLP
/s/ Benjamin J. Sand
Benjamin J. Sand (#07981)
W. Logan Caldwell (#09263)
100 West Broadway Ave., Suite 250
P.O. Box 2798
Bismarck, North Dakota 58502-2798
Phone: (701) 223-6585
Fax: (701) 222-4853
bsand@crowleyfleck.com
lcaldwell@crowleyfleck.com
Attorneys for Defendants Underwood Clinic, P.C.
d/b/a Washburn Clinic and Kerri Benning, FNP-C
Case 1:21-cv-00073-DLH-CRH 	Document 64 	Filed 01/31/24 	Page 2 of 3
Case 1:21-cv-00073-DLH-CRH Document 65 Filed 02/02/24 Page 4 of 5

-3-
Dated this 31 st day of January, 2024.
BAKKE GRINOLDS WIEDERHOLT
/s/ Grant T. Bakke
Randall J. Bakke (#03898)
Grant T. Bakke (#09106)
300 West Century Avenue
P.O. Box 4247
Bismarck, North Dakota 58502-4247
Phone: (701) 751-8188
rbakke@bgwattorneys.com
gbakke@bgwattorneys.com
Special Assistant State’s Attorneys to
McLean County for Defendants McLean County,
Jerry Kerzmann and Ashley Brossart
Case 1:21-cv-00073-DLH-CRH 	Document 64 	Filed 01/31/24 	Page 3 of 3
Case 1:21-cv-00073-DLH-CRH Document 65 Filed 02/02/24 Page 5 of 5