Northern Bottling Co., Inc. v. PepsiCo, Inc.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Northern Bottling Co., Inc., 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Pepsico, Inc., 	) 	Case No. 4:15-cv-133
)
Defendant. 	)
On December 22, 2016, the parties filed a motion to amend the scheduling order. 	On
January 5, 2017, the court held a status conference with the parties on January 5, 2017. Pursuant
to the parties’ discussions, the court issued an order suspending all pretrial deadlines to allow for
settlement negotiations. On March 8, 2017, the parties filed a “Joint Status Report” in which they
advised that no settlement had been reached and requested that the court revise the pretrial deadlines.
Accordingly, the court GRANTS the parties’ motion to amend the scheduling order (Docket
No. 30). The pretrial deadlines shall be AMENDED as follows:
1. 	The Parties shall have until June 30, 2017, to complete fact discovery and file
discovery motions;
2. 	The Plaintiff shall provide the names of expert witnesses and complete reports under
Rule 26(a)(2) by July 24, 2017;
3. 	The Defendant shall provide the names of expert witnesses and complete reports
under Rule 26(a)(2) by August 25, 2017.
4. 	The parties shall have until October 30, 2017, to file dispositive motions.
The final pretrial conference set for August 20, 2017, shall be rescheduled for April 10, 2018, at
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11:00 AM by telephone before the undersigned. The court shall initiate the conference call. The
jury trial scheduled for September 11, 2017, shall be rescheduled for April 23, 2018, at 1:30 p.m.
at the United States Courthouse in Bismarck before Judge Hovland. 	A 	five (5) day trial is
anticipated.
IT IS SO ORDERED.
Dated this 29th day of March, 2017.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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