Opinion
Bankruptcy Case No. BK02-00213, Adv. Proc. No. 02-00011
February 3, 2003
Jacques G. Bronze, Esq., Law Offices of Bronze Tang, P.C., Tamuning, Guam, Attorneys for Community First Guam Federal Credit Union.
George M. Butler, Esq., Butler Telford Butler, Attorneys for Defendants.
SCHEDULING ORDER
Pursuant to Rule 16 and 26(f) of the Federal Rules of Civil Procedure, and Local Rule 16.1 for the District Court of Guam, the parties hereby submit the following Proposed Scheduling Order and Discovery Plan;
1. The nature of the case is as follows: Plaintiff has filed an Adversary Complaint objecting to Defendants' discharge pursuant to 11 U.S.C. § 727 (a)(2)(a), 727(a)(4)(A) and 727(a)5. Defendants deny all of Plaintiff's allegations.
2. The posture of the case is as follows:
Plaintiff filed this lawsuit on October 3, 2002, in the District Court of Guam. Defendants filed a timely answer on November 7. 2002.
The parties have initiated discovery discussions and have met and conferred as required by the Rules of Civil Procedure and by the Local Rules of Court.
a. No motions have been filed as of the date of this date.
b. No motions have been resolved.
c. The following discovery has been initiated:
Plaintiff has made its initial disclosures which were all attached to the complaint. Due to the supertyphoon hitting Guam, the parties have not met and conferred as required by LR 16.2 but will do so as soon as possible but both parties shall make its initial disclosures or any additional disclosures within thirty (30) days of filing of this Scheduling Order.
3. All motions to add parties and claims shall be filed on or before: January 31, 2003.
4. All motions to amend pleadings shall be filed on or before: June 30, 2003.
5. Status of Discovery:
a. The times for disclosures under Rule 26(a) and 26(e) of the Federal Rules of Civil Procedure are modified as follows: Plaintiff has made its initial disclosures which are all the exhibits attached to its Adversary Complaint. Due to the Supertyphoon hitting Guam, the parties have not been able to meet and confer as required by LR 16.2, but will do so as soon as possible and both parties shall make its initial disclosures or any additional disclosures within thirty (30) days of filing of the Scheduling Order.
b. The following is a description and schedule of all pretrial discovery each party intends to initiate prior to the close of discovery:
i. Each party will propound interrogatories and requests to produce and request for admissions within the limits set by the Federal Rules of Civil Procedure. If either party determines that it needs to propound more discovery than permitted by the Rules, the parties will confer in good faith to accommodate reasonable discovery requests.
ii. The parties anticipate taking the depositions of approximately two persons and one entity. There may be others as discovery proceeds.
6. The parties shall appear before the District Court on _______, at 3:30 p.m. for the Scheduling Conference pursuant to the Scheduling Notice.
7. The discovery cut-off date defined as the last day to file to discovery is May 30, 2003.
8. a. The anticipated discovery motions are: The parties do currently envision the need to file discovery motions. If such motions do become necessary, the parties in good faith shall attempt to resolve them. All discovery motions shall be filed on or before June 16, 2003.
b. The anticipated dispositive motions are: Each side anticipates that it will file a Motion for Summary Judgment. All dispositive motions, not including Reply Memorandum, shall be filed on or before July 15, 2003.
9. The prospects for settlement are: currently the prospects for settlement are not good, but the parties will continue to explore avenues of settlement.
10. The preliminary Pretrial Conference shall be held on August 15, 2003.
11. The preliminary pretrial materials, discovery material, witness lists, designations, and exhibit lists shall be filed on or before August 22, 2003.
12. The Proposed Pretrial Order shall be filed on or before August 23, 2003.
13. The Final Pretrial Conference shall be held on August 25, 2003, at 3:00 p.m.
14. The trial shall be held on August 28. 2003, at 9:00 a.m., (This date is within 18 months of the filing of the Complaint).
15. The trial is a bench trial.
16. It is anticipated that it will take one-and-a-half (1 1/2) trial days to try to present the entire case.
17. The names of counsel on this case are:
Counsel for Plaintiff:
Jacques G. Bronze, Esq., Law Offices of Bronze Tang, P.C.
Counsel for Defendants:
George M. Butler, Esq., Butler Telford Butler.
18. The parties do not wish to submit this case to a settlement conference.
19. The parties present the following suggestions for shortening trial: Counsel believes that they will be able to stipulate to some of the facts and exhibits, which should help narrow the issues for trial.
20. The following issues will also affect the status or management of the case:
i. The fact that some witnesses in this case reside off-island will create some logistical problems in terms of serving subpoenas duces tecum and taking depositions.