Alston et al v. EOG Resources, Inc. et al

Ernest Alston and Pamela Alston,
Plaintiffs
vs.
EOG Resources, Inc. and Rebecca
Imes,
Defendants.
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Case No. 1:19-cv-00034
AMENDED
SCHEDULING/DISCOVERY PLAN
After conferring, counsel for the parties have agreed to the following Amended
Scheduling/Discovery Plan:
1. 	The parties have made or shall make by October 15, 2019 Rule 26(a)(1)
disclosures as follows: 	The parties agree that they will make simultaneous Rule 26(a)(1)
disclosures of the information required by that Rule.
2. 	The issues on which the parties need to conduct discovery are:
a. 	The negligence of the defendants, plaintiffs, or others.
b. 	Issues relating to causation.
c. 	Issues relating to damages.
3. 	The parties shall have until July 31, 2020 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:
a. 	Plaintiffs shall serve disclosures by May 1, 2020.
b. 	Defendants shall serve disclosures by June 15, 2020.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
WESTERN DIVISION
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(Treating physicians need not prepare reports, only qualifications, unless they will
express opinions not reflected in the medical records.) (Reports to be served on
other parties, but not filed with the court.)
5. 	The parties shall have until July 31, 2020 to complete discovery depositions
of expert witnesses.
6. 	The parties shall have until February 1, 2020 to move to join additional
parties.
7. 	The parties shall have until February 1, 2020 to move to amend pleadings
to add claims or defenses, except for claims for punitive damages for which the deadline
shall be March 15, 2020.
8. 	The parties shall have until April 1, 2020 to file other nondispositive motions
(e.g., consolidation, bifurcation).
9. 	The parties shall have until February 1, 2020 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 August 15, 2020 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. 	(Show good cause for more than the 25 interrogatories allowed by Rule
33.)
12. 	Each side shall take no more than 10 discovery depositions. 	(Show good
cause for more than the 10 depositions allowed by Rule 30.)
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13. 	Depositions taken for presentation at trial shall be completed 15 days before
trial.
14. 	Counsel have discussed between themselves and explored with their
clients early involvement in alternative dispute resolution. The following option(s) would
be appropriate in this case:
_____ arbitration
X 	mediation (choose one):
X 	private mediator
_____ court-hosted early settlement conference-should the conference be
held before a judge who will not be the trial judge?
_____ 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 	N/A 	. 	(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 	voluntary, 	not 	mandatory.
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15. 	A mid-discovery status conference would not be helpful in this case. 	An
appropriate time for the conference would be 	N/A 	.
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 of this case will be jury.
18. 	The estimated length of trial is five (5) days.
19. 	The parties are free to alter these deadlines among themselves in writing or
to seek court approval for extensions so long as the dispositive motion deadline is not
changed.
MARING WILLIAMS LAW OFFICE, P.C.
Dated: 11/06/2019 	By: 	/s/ David S. Maring
David S. Maring (03175)
1661 Capitol Way, Suite 103LL
Bismarck, ND 58501
(701) 224-0430
dmaring@maringlaw.com
Daryl L. Zaslow (014391996)
Eichen Crutchlow Zaslow, LLP
40 Ethel Road
Edison, NJ 08817
(732) 384-1331
dzaslow@njadvocates.com
Attorneys for Plaintiffs
Participation in ADR is encouraged by the court but is not required except for a settlement
conference shortly before trial.
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MEAGHER & GEER, PLLP
Dated: 11/06/2019 	By: 	/s/ John C. Hughes
John C. Hughes (06001)
1900 Burnt Boat Drive, Suite 101
Bismarck, ND 58503
(701) 222-1315
jhughes@meagher.com
Attorneys for Defendant, EOG Resources,
Inc.
SERKLAND LAW FIRM
Dated: 11/06/2019 	By: 	/s/ Ian McLean
Ronald H. McLean (03260)
Ian McLean (07320)
10 Roberts Street
P.O. Box 6017
Fargo, ND 58108-6017
(701) 232-8957
rmclean@serklandlaw.com
imclean@serklandlaw.com
Attorneys for Defendant, Rebecca Imes
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ORDER
The court ADOPTS the parties’ Amended Scheduling/Discovery Plan without any
additions or modifications.
IT IS SO ORDERED.
Dated this 7th day of November, 2019.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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