Gateway Fashion Mall, LLC v. Capital Exteriors, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
GATEWAY FASHION MALL, LLC, A
DELAWARE LIMITED LIABILITY COMPANY,
PLAINTIFF,
ORDER
VS.
CAPITAL EXTERIORS, INC., A NORTH
DAKOTA CORPORATION; ROSE HILL
BUILDERS, LLC, AN OKLAHOMA LIMITED
LIABILITY COMPANY; JON ROISE, AS AN
AGENT OF CAPITAL EXTERIORS, INC.
AND/OR INDIVIDUALLY; PARKER LANGFORD,
AS AN AGENT OF CAPITAL EXTERIORS, INC.,
AND/OR AS AN AGENT OF ROSE HILL
BUILDERS, LLC AND/OR INDIVIDUALLY,
DEFENDANTS,
Case No. 1:24-cv-073
ROSE HILL BUILDERS, LLC,
THIRD-PARTY
PLAINTIFF,
VS.
PROGRESSIVE MATERIALS, LLC,
THIRD-PARTY
DEFENDANT.
On July 1, 2026, the parties filed a Joint Application to Extend All Remaining Order
Deadlines. (Doc. No. 53). The court GRANTS the parties’ Joint Application (Doc. No. 53) and
extends the pretrial deadlines as follows:
(1) 	All fact discovery will be completed by the following deadline, with all discovery
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pursuant to Rules 33, 34, and 36 to be served a minimum of thirty-three (33) days
prior to the deadline: 11/02/2026.
(2) 	Discovery motions are due by 2/21/2027.
(3) 	The deadlines for exchanging complete expert witness reports are as follows:
(a) 	11/02/2026 for plaintiff(s);
(b) 	12/07/2026 for defendant(s); and
(c) 	1/04/2027 for any rebuttal experts.
(4) 	nondispositive motions (e.g. consolidation, bifurcation) are due by 4/13/2027.
(5) 	dispositive motions (e.g. summary judgment) are due by 4/13/2027.
The final pretrial conference on May 4, 2027, shall be rescheduled for September 28, 2027,
at 9:00 AM before the magistrate judge by telephone. To participate in the final pretrial conference,
the parties should call (517) 353-2301 and enter access cod call (571) 353-2301 and enter
292466149 followed by # when prompted for the "Call ID."
The jury trial scheduled for May 17, 2027, is rescheduled for October 4, 2027, at 9:00 AM
in Bismarck (Eagle Courtroom) before the Honorable Daniel L.Hovland. A five (5) day trial is
anticipated.
IT IS SO ORDERED.
Dated this 1st day of July, 2026.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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