Hanson et al v. Continental Resources, Inc.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
WESTERN DIVISION
Rebecca Hanson and Joyce Viall, 	) 	Case No: 1:18-cv-00032
)
Plaintiffs, 	)
) 	SCHEDULING / DISCOVERY
vs. 	) 	PLAN
)
Continental Resources, Inc. 	)
)
Defendant. 	)
______________________________________________________________________________
Pursuant to Rule 26(f), counsel for the parties certify that on April 16, 2018, they
conferred by telephone to discuss the nature and basis of their clients’ claims and defenses, the
possibilities for prompt settlement or resolution of the case, and a proposed discovery plan.
After conferring, counsel for the parties have agreed upon the following:
1. 	The parties shall make their Rule 26(a)(1) disclosures by May 15, 2018 and will
supplement disclosures as new information becomes available. The parties agree
that they will make simultaneous Rule 26(a)(1) disclosures of the information
required by the Rule.
2. 	The issues on which the parties need to conduct discovery are all claims and
defenses set forth in the pleadings.
3. 	The parties shall have until December 21, 2018 to complete fact discovery and to
file discovery motions.
4. 	The parties shall provide the names of expert witnesses and complete reports
under Rule 26(a)(2) as follows:
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a. 	Plaintiffs shall serve disclosures by November 21, 2018. Defendant’s rebuttal
to Plaintiffs’ disclosure is due December 21, 2018.
b. 	Defendant shall serve disclosures by January 7, 2019. 	Plaintiffs’ rebuttal to
Defendant’s disclosure is due February 6, 2019.
(Reports to be served on other parties, but not filed with the court.)
5. 	The parties shall have until March 8, 2019 to complete discovery depositions of
expert witnesses.
6. 	The parties shall have until October 24, 2018 to move to join additional parties.
7. 	The parties shall have until October 24, 2018 to move to amend pleadings to add
claims or defenses.
8. 	The parties shall have until September 24, 2018 to file other non-dispositive
motions (e.g., consolidation, bifurcation).
9. 	The 	parties 	shall 	have 	until 	July 	30, 	2018 	to 	file 	threshold 	motions
(e.g. jurisdiction, qualified immunity, statute of limitations). 	Discovery shall not
be stayed during the pendency of such motions.
10. 	The parties shall have until April 22, 2019 to file other dispositive motions
(summary judgment as to all or part of the case).
11. 	Each party shall serve no more than 25 interrogatories, including subparts.
No broad contention interrogatories (i.e., “List all facts supporting your claim
that . . .”) shall be used.
12. 	Each side shall take no more than 10 discovery depositions.
13. 	Depositions taken for presentation at trial shall be completed 30 days before trial.
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14. 	Counsel have discussed between themselves and explored with their client(s)
early involvement in alternative dispute resolutions. 	The following option(s)
would be appropriate in this case:
________ 	arbitration
X 	mediation (choose one):
_______ private mediator
X 	court-hosted early settlement conference-should the
conference be held before a judge who will not be the trial judge?
___X 	yes
_______ doesn’t matter
________early neutral evaluation before (choose one):
________ judge other than trial judge
________ neutral technical expert
________ neutral attorney
other (specify)
________ none (explain reasons)
__________________.
The parties shall be ready to evaluate the case for settlement
purposes by July 2, 2018. 	(If an ADR option other than a court-
hosted settlement conference is chosen, counsel shall designate one
of themselves to report back to the magistrate judge that the ADR
effort was completed and whether or not it was successful). 	The
court 	reminds 	the 	parties 	that 	early 	involvement 	in 	ADR 	is
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voluntary, not mandatory. 	Participation in ADR is encouraged by
the court but is not required except for a settlement conference
shortly before trial.
15. 	A mid-discovery status conference would be helpful in this case. An appropriate
time for the conference would be August 2018.
16. 	The parties will not voluntarily waive their rights to proceed before a district
judge and consent to have a magistrate judge conduct any and all further
proceedings in the case, including the trial, and order the entry of a final
judgment.
17. 	Trial in this case will be jury.
18. 	The estimated length of trial is 2-3 days.
Dated this 18th day of April, 2018.
BRAATEN LAW FIRM
By: /s/ Derrick Braaten
Derrick Braaten, ND Bar #06394
Beriah Smith, ND Bar #08537
109 N. 4th St., Ste. 100
Bismarck, ND 58501
Phone: 701-221-2911
Fax: 701-221-5842
derrick@braatenlawfirm.com
beriah@braatenlawfirm.com
Attorneys for Plaintiffs
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Dated this 18th day of April, 2018.
FREDRIKSON & BYRON, P.A.
By: /s/ Lawrence Bender
Lawrence Bender, ND Bar #03908
Danielle M. Krause, ND Bar #06874
1133 College Drive, Ste. 1000
Bismarck, ND 58501-1215
lbender@fredlaw.com
dkrause@fredlaw.com
(701) 221-8700
Attorneys for Defendant
Continental Resources, Inc.
63784591.2
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ORDER
The court adopts the parties’ scheduling and discovery plan without any additions or
modifications.
IT IS SO ORDERED.
Dated this 23 rd day of April, 2018.
/s/ Charles S. Miller, Jr.
Chares S. Miller, Jr., Magistrate Judge
United States District Court
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