Case 2:14-cv-00876-DN Document 43 Filed 02/17/15 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

UTAH REPUBLICAN PARTY,

Plaintiff,

SCHEDULING ORDER AND

ORDER FINDING MOOT MOTION TO
RECONSIDER

CONSTITUTION PARTY OF UTAH, a

registered political party of Utah,
Plaintiff and Intervenor,
Case No. 2:14-cv-00876-DN
v.
Chief Judge David Nuffer
GARY R. HERBERT, in his Official Capacity
as Governor of Utah, and SPENCER J. COX,
in his Official Capacity as Lieutenant Governor
of Utah,
Defendants.

Pursuant to Fed. R. Civ. P. 16(b), the Attorneys Planning Report has been filed by
counsel and the following matters are scheduled. The times and deadlines set forth herein may
not be modified without the approval of the Court and on a showing of good cause pursuant to
Fed. R. Civ. P. 6. 1
Plaintiffs Motion to Reconsider 2 has been considered and is deemed MOOT.
**ALL TIMES 4:30 PM UNLESS INDICATED**

This Second Proposed Scheduling Order incorporates by reference the content of this Courts order, dated
February 12, 2015 (doc. 38).
2
Plaintiffs Motion to Reconsider the Courts Scheduling Order on Plaintiffs Amended Motion for Preliminary
Injunction, docket no. 40, filed February 13, 2015.

Case 2:14-cv-00876-DN Document 43 Filed 02/17/15 Page 2 of 6

1.

PRELIMINARY MATTERS

DATE

Nature of claims and any affirmative defenses:

Plaintiffs Utah Republican Party has brought an as
applied challenge to the constitutionality of Senate Bill
54 (SB 54), claiming it infringes inter alia, on the
Partys rights of association, free speech, and due
process. Plaintiff seeks an injunction and declaratory
judgment striking down SB 54 as unconstitutional.
Plaintiff further alleges that SB 54 violates the Partys
right to control and direct the use of its name, title,
emblems and endorsements in a manner that is likely to
cause confusion. Defendants deny these allegations.
The Court recently granted the Constitutional Party of
Utahs motion to intervene as a Plaintiff, seeking similar
relief as Plaintiff.
The Republican Party has filed an amended motion
for preliminary injunction. This motion is supported by
the Declaration of James Evans, the Utah Republican
Party Chairman. Pursuant to the Courts minute order
entered January 28, 2015 (doc. 29), Plaintiff will file a
supplemental opening brief as to the Constitutional
issues raised in the Preliminary Injunction by March 23,
2015. Defendants response to the amended motion for
preliminary injunction is due March 31, 2015. Reply is
due April 6, 2015. The Court has set a hearing to
receive evidence and hear argument on this motion for
April 10, 2015, at 9:00 a.m.
2

Case 2:14-cv-00876-DN Document 43 Filed 02/17/15 Page 3 of 6

REVISED DEADLINES: Exhibits and witness lists

for the April 10 hearing must be exchanged between the
parties and submitted to the court on or before April 8,
2015 at 3:00 p.m. A further status conference will be
held on April 9, 2015 at 9:00 a.m.
a.

Was Rule 26(f)(1) Conference held?

1/15/2015

b.

Have the parties submitted the Attorney Planning

Meeting Form?

YES

c.

Deadline for 26(a)(1) initial disclosure?

d.

Consent to Electronic Service.

Constitutiona
l Claims Date

Trademark
Infringement
Claims Date

2/9/2015

3/6/2015 3

2/25/2015

3/25/2015

Pursuant to Fed. R. Civ. P. 5(b)(2)(D), the parties

agree to receive all items required to be served under
Fed. R. Civ. P. 5(a) by either: (i) notice of electronic
filing, or (ii) e-mail transmission.

Such electronic

service will constitute service and notice of entry as

required by those rules. Any right to service by USPS
mail is waived.
e.
2.

Exchange Deponent List

NUMBER

DISCOVERY
a.

Maximum Number of Depositions by Plaintiff(s)

10, per
Plaintiff

b.

Maximum Number of Depositions by Defendant(s)

10, per

Depositions which take place before March 9, 2015 may be reconvened at a later date. The reconvened session
must be limited to trademark infringement claims only.
Discovery on trademark issues is permitted after March 6, 2015.

Case 2:14-cv-00876-DN Document 43 Filed 02/17/15 Page 4 of 6

Defendant
c.

Maximum Number of Hours for Each Deposition

(unless extended by agreement of parties)

d.

Maximum Interrogatories by any Party to any Party

25

e.

Maximum requests for admissions by any Party to any

Party

25

f.

Maximum requests for production by any Party to any

Party

50

g.

The Parties shall handle discovery of electronically stored information as follows:

The parties agree to conduct a reasonable search of electronically stored
information in their respective control, including but not limited to e-mail accounts.
The parties agree that all requests for documents shall include electronically stored
information as defined by Federal Rule of Civil Procedure 34(a)(1)(A). The parties
also agree to provide all documents, including electronically stored information,
responsive to discovery requests, in searchable Portable Document Format (.pdf) or
other format as agreed to by the parties. In the unlikely event that further discovery
of electronically
stored information is necessary (should evidence show that a party has not retained
relevant documents, for example) the parties shall meet and confer to determine an

h.

appropriate electronic discovery plan

The parties shall handle a claim of privilege or protection as trial preparation
material asserted after production as follows:
The inadvertent production of information or any document to the representative
parties shall be without prejudice. If a party produces a protected, controlled, private
or confidential document without providing the proper designation, the receiving
party shall return the original and all copies pursuant to a written request seeking re4

Case 2:14-cv-00876-DN Document 43 Filed 02/17/15 Page 5 of 6

classification of the previously disclosed document, and shall not use any
information obtained unless allowed to do so by the producing party or by an Order
of the Court.
i.

Last day to serve written discovery for ALL claims:

j.

Close of fact discovery for ALL claims and last day to

file discovery motions:

5/1/2015

7/17/2015

AMENDMENT OF PLEADINGS/ADDING PARTIES 4

3.
a.

Plaintiffs Last Day to File Motion to Amend Pleadings

shall be 6/1/2015 Defendants Last Day to File Motion
to Amend Pleadings
shall be 6/15/2015

b.

Plaintiffs Last Day to File Motion to Add Parties

shall be 6/1/2015
Defendants Last Day to File Motion to Add Parties
shall be 6/15/2015

4.

RULE 26(a)(2) REPORTS FROM EXPERTS

a.

Parties bearing burden of proof

7/31/2015

Counter reports

8/14/2015

5.

OTHER DEADLINES
a.

Last day for Expert discovery

9/4/2015

b.

Deadline for filing dispositive or potentially dispositive

motions

9/21/2015

Counsel must still comply with the requirements of Fed. R. Civ. P. 15(a).

Case 2:14-cv-00876-DN Document 43 Filed 02/17/15 Page 6 of 6

Responses to dispositive or potentially dispositive

motions

10/9/2015

Replies to dispositive or potentially dispositive motions

10/19/2015

Argument on dispositive or potentially dispositive

motions

10/27/2015
at 9:00
a.m.

c.

Deadline for filing partial or complete motions to

exclude expert testimony

9/21/2015

d.

Deadline for Plaintiffs supplementary briefing on

trademark issues in Motion for Preliminary Injunction

9/21/2015

Response to supplementary briefing on trademark issues

in Motion for Preliminary Injunction

10/9/2015

Reply to supplementary briefing on trademark issues in

Motion for Preliminary Injunction

10/19/2015

Hearing on trademark issues in Motion for Preliminary

Injunction

10/28 &
10/29/2015
at 9:00 a.m.

6.

SETTLEMENT/ALTERNATIVE DISPUTE RESOLUTION

a.

Referral to Court-Annexed Mediation:

No

b.

Referral to Court-Annexed Arbitration

No

c.

The parties will complete Private Mediation/Arbitration

by:

d.

Evaluate case for Settlement/ADR on

e.

Settlement probability: fair

Dated February 17, 2015.

BY THE COURT:
____________________________
David Nuffer
United States District Judge
6

9/1/2015