Bruss v. P.S. Hellandsaas Enterprises, Inc.

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Third Stipulation to Amend
Scheduling / Discovery Plan
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Samuel Bruss,
Plaintiff,
v.
P.S. Hellandsaas Enterprises, Inc. d/b/a
Tobacco Gardens Resort & Marina,
Defendant.
CASE NO. 1:24-cv-00243
Third Stipulation to Amend
Scheduling / Discovery Plan
The parties, by and through their undersigned counsel of record, submit this Stipulation
to Amend Scheduling / Discovery Plan.
(1) 	The parties propose the following discovery plan:
(a) 	Discovery will be needed on these subjects: Liability and damages.
(b) 	Disclosure, discovery, or preservation of electronically stored information should
be handled as follows: 	The parties will meet and confer to stipulate on a
procedure for production of electronically stored information.
(c) 	The parties have discussed any issues regarding preservation of discoverable
information as follows: 	In the event any issues arise, the parties will attempt
to meet and confer to resolve those issues.
(d) 	The parties have discussed possible need for a protective order as follows: 	The
litigation 	might 	involve 	the 	production 	of 	commercially 	sensitive
information, including documents that contain proprietary information. The
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Third Stipulation to Amend
Scheduling / Discovery Plan
parties will submit a proposed protective order that permits documents to be
marked as “confidential”.
(e) 	If this is a case that will involve the discovery of medical, mental health,
employment, education, tax, or workers compensation records, the parties have
agreed to the following with respect to who will secure these records and how the
discovery of the records will be handled (it will not be a sufficient answer that the
parties have not addressed the issue or it will be considered later): Plaintiff will
provide fully executed and unqualified authorizations to Defendants so that
Defendants can obtain the requested records. 	Defendants will give Plaintiff
all records that are received in response to the authorizations.
If the parties have not reached an agreement all or in part, the following is what
the parties have not been able to agree to and the reasons why (if applicable, this
section must be completed): N/A.
(f) 	The parties have discussed privilege logs, including information to be included
about 	documents 	over 	which 	privilege 	is 	asserted 	and 	any 	categories 	of
documents which the parties agree need not be identified in privilege logs:
(g) 	The parties have agreed to the following maximum number of interrogatories per
party: 25 interrogatories may be served by each party.
(h) 	The parties have agreed to the following maximum number of requests for
admissions per party: 	25 requests for admissions may be served by each
party.
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Third Stipulation to Amend
Scheduling / Discovery Plan
(i) 	The parties have agreed to the following maximum number of requests for
production of documents per party: 50 requests for production may be served
by each party.
(j) 	The parties have agreed to the following maximum number of depositions per
party: 10 depositions may be taken by each party.
(k) 	The parties have discussed possible need for depositions of organizations pursuant
to Rule 30(b)(6) and, as required by that rule, will confer in advance of any
depositions of organizations about topics on which testimony is requested.
(l) 	The parties have agreed any depositions taken only for presentation at trial will be
completed at least 30 days prior to trial.
(m) 	The parties have agreed that all fact discovery will be completed by the following
deadline, with all written discovery to be served a minimum of thirty (33) days
prior to the deadline: 9/25/2026
(n) 	The parties have agreed on the following deadline for discovery motions:
9/25/2026
(o) 	The parties have agreed on the following deadlines for exchanging complete
expert witness reports:
9/18/2026 	for plaintiff(s);
10/19/2026 	for defendant(s); and
11/19/2026 	for any rebuttal experts.
(p) 	The parties shall have until 45 days before trial to complete discovery
depositions of expert witnesses.
(2) 	The parties have discussed alternative dispute resolution and plan as follows:
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Third Stipulation to Amend
Scheduling / Discovery Plan
; 	A court-hosted settlement conference.
† 	Private mediation; or
† 	Other (explain):
(3) 	The parties shall be ready to evaluate the case for settlement purposes by: 7/15/2026
(4) 	The parties will not waive their rights to proceed before a district judge and consent to
have a magistrate judge conduct all further proceedings in the case, including the trial,
and order for entry of a final judgment.
(5) 	Any deadlines not mentioned in this stipulation have already occurred or will remain the
same.
(6) 	Trial of this case is currently scheduled for September 28 – October 2, 2026. The parties
request a scheduling conference for the purpose of getting trial rescheduled to a mutually
agreed upon date for all involved.
(Reminder of page intentionally left blank.)
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Third Stipulation to Amend
Scheduling / Discovery Plan
Dated this 18 th day of February 2026.
WEIKUM INJURY LAW
Weikum Law, PLLC
120 North 3rd Street, Suite 220
Bismarck, ND 58501
701.354.0124
Correspondence: jeff@weikuminjurylaw.com
Service: service@weikuminjurylaw.com
By: /s/ Jeffrey S. Weikum
Jeffrey S. Weikum
ND Lic. No.: 05344
ATTORNEY FOR PLAINTIFF
SMITH PORSBORG SCHWEIGERT
ARMSTRONG MOLDENHAUER & SMITH
122 East Broadway Avenue
P.O. Box 460
Bismarck, ND 58502-0460
701.258-0630
sporsborg@smithporsborg.com
bschmidt@smithporsborg.com
By: /s/ Scott K. Porsborg
Scott K. Porsborg
ND Lic. No.: 04904
Brian D. Schmidt
ND Lic. No.: 07498
ATTORNEYS FOR DEFENDANT
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ORDER
The court ADOPTS the Parties’ Third Stipulation to Amend Scheduling/Discovery
Plan without any additions or modifications.
IT IS SO ORDERED.
Dated this 18th day of February, 2026.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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