Burns et al v. Secure Energy Services, Inc. et al

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
WESTERN DIVISON
Carita Burns and John Burns,
Plaintiffs,
vs.
Secure 	Energy 	Services, 	Inc., 	Secure
Energy Services, USA, LLC, Eugene Davis,
and Keith Daniel Klein,
Defendants.
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Case No. 1:18-CV-00194-DLH-CRH
STIPULATION TO AMEND
SCHEDULING/DISCOVERY PLAN
Pursuant to Rule 26(f) and the Court’s Order dated October 9, 2019 (Doc. ID #34),
counsel for the parties certify that they have conferred to discuss the need to extend
certain deadlines set forth in the Scheduling/Discovery Plan (Doc. ID #13). Plaintiffs
Carita Burns and John Burns and Defendants Secure Energy Services, Inc., Secure Energy
Services, USA, LLC, Eugene Davis, and Keith Daniel Klein (collectively “Parties”), by and
through 	their 	respective 	counsel, 	hereby 	stipulate 	and 	agree 	to 	request 	that 	the
Scheduling/Discovery Plan be amended as follows:
1. 	The parties shall make by January 14, 2019, Rule 26(a)(1) disclosures
including preliminary identification of witnesses, evidence, damage calculations, and the
production of the insurance contract(s).
2. 	The issues on which the parties need to conduct discovery are liability and
damages. Discovery will occur through interrogatories and depositions of fact witnesses and
need not be conducted in phases.
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3. 	The parties shall have until May 1, 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: Plaintiffs’ expert disclosures shall be due May 1,
2020. Treating physicians need not prepare reports, only qualifications, unless they will
express opinions not reflected in the medical records. Defendants’ expert disclosures
shall be due June 1, 2020. Reports will be served on other parties, but not filed with the
court.
5. 	The 	parties 	shall 	have 	until 	August 	1, 	2020 	to 	complete 	discovery
depositions of expert witnesses.
6. 	The parties shall have until July 12, 2019, to move to join additional parties.
7. 	The parties shall have until July 12, 2019, to move to amend pleadings to add
claims or defenses, including claims for punitive damages.
8. 	The parties shall have until July 12, 2019, to file other nondispositive motions
(e.g., consolidation, bifurcation).
9. 	The parties shall have until March 13, 2019, to file threshold motions (e.g.,
jurisdiction, qualified immunity, statute of limitations).
10. 	The parties shall have until June 1, 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.
(the case is fact intensive).
12. 	Each party shall take no more than 10 discovery depositions, except for good
cause shown.
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13. 	Depositions taken for presentation at trial shall be completed 2 weeks 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): N/A
The parties shall be ready to evaluate the case for settlement purposes by March
10, 2020. The court reminds the parties that early involvement in ADR is 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 not be helpful in this case.
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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 5 days.
Dated: October 15, 2019.
LARSON LAW FIRM, P.C.
By: 	/s/ Mark V. Larson
Mark V. Larson (ID# 03587)
1020 North Broadway
P.O. Box 2004
Minot, ND 58702-2004
Phone: (701) 839-1777
E-Mail: larslaw@srt.com
ATTORNEYS FOR THE PLAINTIFFS
Dated: October 15, 2019.
SERKLAND LAW FIRM
By: 	/s/ Ian R. McLean
Peter W. Zuger (ID No. 06282)
Ian R. McLean (ID No. 07320)
10 Roberts Street North
P.O. Box 6017
Fargo, ND 58108
Telephone: (701) 232-8957
pzuger@serklandlaw.com
imclean@serklandlaw.com
ATTORNEYS 	FOR 	DEFENDANTS 	SECURE 	ENERGY
SERVICES, INC., SECURE ENERGY SERVICES, USA,
LLC AND EUGENE DAVIS
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Dated: October 15, 2019.
EBELTOFT . SICKLER . LAWYERS PLLC
By: 	/s/ Nicholas C. Grant
Nicholas C. Grant, Lawyer #07102
Courtney A. Presthus, Lawyer #06741
Shea Thomas, Lawyer #08498
2272 8th Street West
Dickinson, North Dakota 58601
701.225.LAWS (5297)
701.225.9650 fax
ngrant@ndlaw.com
cpresthus@ndlaw.com
sthomas@ndlaw.com
ATTORNEYS FOR DEFENDANT KEITH DANIEL KLEIN
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ORDER
The court ADOPTS the parties’ stipulation to amend the scheduling and
discovery plan without any additions or modifications.
IT IS SO ORDERED.
Dated this 16th day of October, 2019.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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