Bulgan v. J & A Services, LLC

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Amended Scheduling/Discovery Plan
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
WESTERN DIVISION
Tsenguun (Chris) Bulgan,
Plaintiff,
v.
J&A Services, LLC, and
Continental Resources, Inc.,
Defendant.
CASE NO. 1:23-cv-00149
AMENDED SCHEDULING/DISCOVERY PLAN
The parties certify that in advance of the February 26, 2024 status conference with the
Court, they conferred by email to discuss an amended proposed discovery plan in light of the
continuance of the trial of this matter. After conferring and obtaining a new trial date from the
Court, counsel for the parties have agreed upon the following:
(1) 	The parties propose the following discovery plan:
(a) 	Discovery will be needed on these subjects: Liability and damages.
(b) 	Disclosure, discovery, or preservation of electronically stored information should
be handled as follows: 	The parties will meet and confer to stipulate on a
procedure for production of electronically stored information.
(c) 	The parties have discussed any issues regarding preservation of discoverable
information as follows: In the event any issues arise, the parties will attempt to
meet and confer to resolve those issues.
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Amended Scheduling/Discovery Plan
(d) 	The parties have discussed possible need for a protective order as follows: 	The
litigation might involve the production of commercially sensitive information,
including documents that contain proprietary information. 	The parties will
submit a proposed protective order that permits documents to be marked as
“confidential”.
(e) 	If this is a case that will involve the discovery of medical, mental health,
employment, education, tax, or workers compensation records, the parties have
agreed to the following with respect to who will secure these records and how the
discovery of the records will be handled (it will not be a sufficient answer that the
parties have not addressed the issue or it will be considered later): Plaintiff will
provide fully executed and unqualified authorizations to Defendants so that
Defendants can obtain the requested records. Defendants will give Plaintiff all
records that are received in response to the authorizations.
If the parties have not reached an agreement all or in part, the following is what
the parties have not been able to agree to and the reasons why (if applicable, this
section must be completed): N/A.
(f) 	The parties have agreed to the following maximum number of interrogatories per
party: 25 interrogatories may be served by each party.
(g) 	The parties have agreed to the following maximum number of requests for
admissions per party: 35 requests for admissions may be served by each party.
(h) 	The parties have agreed to the following maximum number of requests for
production of documents per party: 45 requests for production may be served
by each party
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Amended Scheduling/Discovery Plan
(i) 	The parties have agreed to the following maximum number of depositions per
party: 12 depositions may be taken by each party.
(j) 	The parties agree that any third-party discovery that occurs (e.g., subpoenas duces
tecum, third-party depositions) will not count toward the above limits.
(k) 	The parties further agree that any party may seek consent of another party, or leave
of Court, to propound additional discovery or take additional depositions in excess
of the limits above.
(l) 	The parties will endeavor to complete any depositions taken only for presentation
at trial at least 30 days prior to trial, subject to the identification and availability of
trial witnesses. For all witnesses deposed at least 40 days before trial, deposition
designations shall be submitted at least 25 days before trial; objections and counter
designations shall be submitted at least 15 days before trial. Objections and cross-
counter designations, if any, to the counter designations shall be submitted at least
10 days before trial. If any witness is deposed within 40 days of trial, the parties
will meet and confer on reasonable deadlines for submission of deposition
designations, counter-designations, cross-counter designations, and objections.
(m) 	The parties have agreed that all fact discovery will be completed by the following
deadline, with all written discovery to be served a minimum of thirty (30) days prior
to the deadline: 12/12/2024
(n) 	The parties have agreed on the following deadline for discovery motions:
12/12/2024
(o) 	An appropriate time for a mid-discovery status conference would be: 8/15/2024
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Amended Scheduling/Discovery Plan
(p) 	The parties have agreed on the following deadlines for exchanging complete expert
witness reports:
10/15/2024 	for plaintiff(s);
12/5/2024 	for defendant(s); and
1/9/2025 	for any rebuttal experts.
(q) 	The parties have agreed on the following deadline to complete discovery
depositions of expert witnesses: 2/19/2025
(2) 	The parties have agreed to the following deadlines for filing motions:
4/25/2024 	motions to join additional parties;
4/25/2024 	motions to amend pleadings;
6/12/2024 	motions to amend pleadings to add punitive damages claims;
12/19/2024 	dispositive motions (e.g. summary judgment).
(3) 	The parties have discussed alternative dispute resolution and plan as follows:
 	A court-hosted settlement conference;
 	Private mediation; or
 	Other (explain):
(4) 	The parties shall be ready to evaluate the case for settlement purposes by: 11/14/2024
(5) 	The parties will not waive their rights to proceed before a district judge and consent to
have a magistrate judge conduct all further proceedings in the case, including the trial, and
order for entry of a final judgment.
(6) 	Trial of this case will be jury.
(7) 	The estimated length of trial is 5 days.
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Amended Scheduling/Discovery Plan
Dated this 28th of February, 2024.
WEIKUM INJURY LAW
Weikum Law, PLLC
2000 Schafer Street, Suite C
Bismarck, ND 58501
701.354.0124
Correspondence: jeff@weikuminjurylaw.com
Service: service@weikuminjurylaw.com
By: /s/ Jeffrey S. Weikum
Jeffrey S. Weikum
ND Lic. No.: 05344
WILLIAMS P.L.L.C
500 N. Water Street
Suite 500
Corpus Christi, TX 78401
361.885.0184
Correspondence: justin@williamstrial.com
Service: service@williamstrial.com
By: /s/ Justin L. Williams
Justin L. Williams
ND Lic. No. 08347
ATTORNEYS FOR PLAINTIFF
KING LAW, PC
101 Slate Drive, Suite 4
Bismarck, ND 58503
701.712.2676
lking@kinglaw.com
By: /s/ Lawrence E. King
Lawrence E. King
ND Lic. No.: 04997
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Amended Scheduling/Discovery Plan
WEGENER LANE & EVANS, P.C.
743 Horizon Court, Ste 200
Grand Junction, CO 81506
970.242.2645
ben@wlelegal.com
By: /s/ Benjamin M. Wegener
Benjamin M. Wegener
Pro Hac Vice
ATTORNEYS FOR DEFENDANT
J & A SERVICES, LLC
SMITH PORSBORG SCHWEIGERT
ARMSTRONG MOLDENHAUER & SMITH
122 East Broadway Avenue
P.O. Box 460
Bismarck, ND 58502-0460
701.258.0630
sporsborg@smithporsborg.com
jlengowsi@smithporsborg.com
By: /s/ Scott K. Porsborg
Scott K. Porsborg
ND Lic. No.: 04904
Jon C. Lengowski
ND Lic. No.: 09196
THE NORRIS FIRM PC
24 Greenway Plaza, Suite 1800
Houston, TX77046
701.588.4536
josh@tnflaw.com
thomas@tnflaw.com
By: /s/ Thomas McCall
Joshua A. Norris
Pro Hac Vice
Thomas McCall
Pro Hac Vice
ATTORNEYS FOR DEFENDANT
CONTINENTAL RESOURCES, INC.
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Amended Scheduling/Discovery Plan
ORDER
The Court ADOPTS the parties’ Amended Scheduling/Discovery Plan without any
additions or modifications.
IT IS SO ORDERED.
Dated this _____ of February, 2024.
_______________________________
Clare R. Hochhalter, Magistrate Judge
United States District Court
28th
/s/ Clare R. Hochhalter
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