Beam et al v. Otter Tail Power Company et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Gregory Beam,
Plaintiff,
vs.
Otter Tail Power Company and The Babcock
& Wilcox Company f/k/a Babcock & Wilcox
Power Generation Group, Inc.,
Defendants.
Case No. 1:21-cv-00002
ORDER DENYING MOTION ENFORCE AMENDED PRETRIAL ORDER
[¶1] 	THIS MATTER comes before the Court on a Motion to Enforce Amended Pretrial Order
(Doc. No. 51) filed by the Defendants on February 12, 2025. Doc. No.71. The deadline under the
Amended Pretrial Order for disclosing proposed witness and exhibit lists was set for February 6,
2025. Doc. No. 51. The Amended Order indicates that failure to abide by the deadline will result
in exclusion of such evidence at trial absent a showing of good cause. Id.
[¶2] 	While the Court has not received a response from Mr. Beam setting forth good cause for
his failure to abide by the rules, the Court concludes such a showing is not necessary in this
instance as the remedy sought by the Defendants is unduly harsh given Mr. Beam’s pro se status
in this case. He is an unrepresented individual with no training in the law who has repeatedly
shown himself to be ignorant of the requirements of proceeding alone without explicit instruction
from the Court. Therefore, an extension of time to submit his witness and exhibit lists is the
appropriate remedy under the circumstances.
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[¶3] 	Accordingly, it is ORDERED:
1. 	Mr. Beam shall submit his proposed witness and exhibit lists to the Court and
Defendants no later than Tuesday, February 18, 2025, by 12:00 p.m. central time.
2. 	Mr. Beam shall use the exhibit list provided on the Court’s website found at
https://www.ndd.uscourts.gov/forms/.
3. 	Mr. Beam shall provide the names and locations of each witness he intends to call
at trial when submitting his witness list.
[¶4] 	It is further ORDERED that the Court will set this matter for a telephonic status conference
on Tuesday, February 18, 2025, at 1:30 p.m. to discuss trial procedures. Chambers will email the
Parties instructions to call in for the status conference.
[¶5] 	Accordingly, the Defendant’s Motion to Enforce the Amended Pretrial Order is DENIED
without prejudice. Mr. Beam’s failure to abide by this Order may result in excluding all evidence
he wishes to present at trial other than his own personal testimony.
[¶6] 	IT IS SO ORDERED.
DATED February 13, 2025.
Daniel M. Traynor, District Judge
United States District Court
Case 1:21-cv-00002-DMT-CRH Document 74 Filed 02/13/25 Page 2 of 2