United States District Court, D. Nevada
PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE
MINUTES OF PROCEEDINGS
OF PROCEEDINGS: Motions Hearing
a.m. Court convenes.
court holds today's conference to address Atlantic
Richfield Company's Motion for Extension of Time to File
Joint Pretrial Order (First Request) (ECF No. 303) and
Diamond X Ranch LLC and Park Livestock Co.'s Emergency
Motion and/or Request to Compel Atlantic Richfield Company to
(1) Cooperate as Necessary to Prepare the Joint Pretrial
Order; or Alternatively, (2) to Hold a Pretrial Conference
(ECF No. 304).
court first discusses with counsel the upcoming November 30th
settlement conference the parties have scheduled with
Magistrate Judge McQuaid. The court suggests the parties
consider exchanging the non-confidential portions of their
settlement statements with each other. The court states the
exchange of such information, in the court's experience,
results in a more productive settlement conference.
Rauchway explains that the parties discussed the suggestion
of the their exchanging simultaneous reports identifying
their respective settlement positions; however, after
consulting with his client, Atlantic Richfield declined to do
Rauchway further states Diamond X has not provided Atlantic
Richfield with a current demand. Mr. Heather confirms Diamond
X has not provided a more recent demand but that a demand was
made prior to the complaint being filed and Atlantic
Richfield never responded or countered Diamond X's
court reminds counsel that Judge McQuaid requires a
representative of the opposing party to have final settlement
authority up to the amount of the last demand. Without a
current demand from Diamond X, it makes it difficult for
Atlantic Richfield to comply with this requirement.
Therefore, the court highly encourages the parties to
exchange their respective settlement demands.
court next discusses the suggestion made by counsel in an
email attached to Diamond X's motion (ECF No. 304-1,
Exhibit A) addressing the exchange of supplemental expert
reports. The court anticipates this information will be
helpful to have before the upcoming settlement conference;
therefore, the court imposes the deadline of
Wednesday, 11/15/2017, for the simultaneous
exchange of the additional or supplemental expert reports.
court next discusses Atlantic Richfield's request to
extend the deadline to file the proposed joint pretrial order
(JPTO) which according to Judge Du's Order referring this
case for a settlement conference requires the JPTO to be
lodged 30 days after the settlement conference. (ECF No.
301). The court finds an extension for 60 days is
unnecessary; however, in view of the intervening holidays
between the time of the settlement conference and the current
deadline, the court is amenable to a 30 day extension.
Therefore, Atlantic Richfield's motion to extend time to
file the proposed joint pretrial order (ECF No. 303) is
GRANTED in part and DENIED in
part. The proposed JPTO is due no later than
court next addresses specific deadlines identified in an
email exchange between counsel regarding Diamond X's
request for exchange of certain information required for the
preparation of the JPTO (see ECF No. 304-1, Exhibit A). Even
though the court has extended the deadline for filing the
JPTO, the court deems it would be productive for the parties
to still exchange information regarding certain aspects of
the JPTO before the November 30 settlement conference. The
court requires the parties to exchange information as
follows: (1) Diamond X shall provide a statement of contested
and uncontested issues of fact and law and a proposed witness
list no later than Friday, 11/10/2017; (2)
Atlantic Richfield shall respond to Diamond X statement of
contested and uncontested issues of fact and law and provide
a draft witness list no later than Wednesday,
court takes a brief recess to contact Judge McQuaid to
discuss the possibility of extending the deadline for the
parties to lodge their settlement conference statements.
After consulting with Judge McQuaid, the deadline to submit
the settlement conference statements to Judge McQuaid is
extended to 4:00 p.m., on Monday,
of the deadlines imposed above, Diamond X's motion (ECF
No. 304) is GRANTED in part and
DENIED in part.
court and counsel next discuss the deadline in which the
parties are to submit three (3) prospective trial dates and
an estimation of how many days total to complete a jury trial
in this case as is required by ¶¶ VIII and IX of LR
16-4. Mr. Heather requests the court preserve the deadline
for the end of December 2017 for counsel to identify trial
dates, as would be required if the JPTO were still due 30
days after the November 30 ...