STIPULATED AGREEMENT ON DISCOVERY AND 

PRETRIAL MATTERS AND REPORT OF RULE 26(f) JOINT 

SCHEDULING CONFERENCE - 1

1040.022-01137420; 1

2300 SW First Avenue, Suite 200

Portland, OR 97201-5047

(503) 221-0699

FAX (503) 223-5706

John Spencer Stewart, OSB #711648

jstewart@lawssl.com

Tyler J. Storti, OSB #034695

tstorti@lawssl.com

STEWART SOKOL & LARKIN LLC

2300 SW First Avenue, Suite 200

Portland, OR 97201-5047

Telephone: (503) 221-0699

Facsimile: (503) 223-5706

Attorneys for Defendant Moore Excavation Inc., dba MEI Group

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

1. The following persons participated in a Rule 26(f) discovery planning 

conference on multiple days, concluding May 8, 2014 as follows:

a. Tyler J. Storti, Stewart Sokol & Larkin LLC on behalf of Defendant 

Moore Excavation Inc., dba MEI Group.

b. Kerry Smith, Smith & Fjelstad on behalf of Plaintiff Dean Wessels.

2. Initial Disclosures. The parties agree to exchange the initial disclosures 

required by Rule 26(a)(1) on or before January 15, 2015.

3. Discovery Plan. The parties propose the following discovery plan:

a. As to any discovery dispute, the lead lawyers will make every 

reasonable effort to resolve by telephone in good faith any such dispute. In the event 

DEAN WESSELS,

Plaintiff,

v.

MOORE EXCAVATION INC., d.b.a. MEI 

GROUP,

Defendant.

Case No. 3:14-cv-01329-HZ

STIPULATED AGREEMENT ON 

DISCOVERY AND PRETRIAL 

MATTERS AND REPORT OF RULE 

26(f) JOINT SCHEDULING 

CONFERENCE

By all Parties

Case 3:14-cv-01329-HZ Document 13 Filed 12/18/14 Page 1 of 4
STIPULATED AGREEMENT ON DISCOVERY AND 

PRETRIAL MATTERS AND REPORT OF RULE 26(f) JOINT 

SCHEDULING CONFERENCE - 2

1040.022-01137420; 1

2300 SW First Avenue, Suite 200

Portland, OR 97201-5047

(503) 221-0699

FAX (503) 223-5706

that matter cannot be resolved, the parties will jointly make contact with the Court for 

guidance. 

b. Depositions will be taken by agreement, with both sides alternating and 

attempting in advance to agree upon the dates for depositions even prior to the 

identification of relevant deponents. The parties will follow the Federal Rules of Civil 

Procedure and any applicable Local Rules regarding all limitations with respect to 

discovery. The parties will endeavor to use the same court reporter/videographer.

c. Documents to be produced pursuant to Requests for Production will be 

produced on a “rolling” basis as soon as they have been located and Bates labeled; if 

copies are produced, the originals will be made available for inspection upon 

reasonable request.

d. Disclosure and discovery of electronically stored information will be 

handled as follows: The parties have not yet stipulated to any special form of discovery 

or the handling of electronically stored information. The parties agree to act in good 

faith in developing a workable, efficient and economical method of discovery of 

electronically stored information and documents.

e. If necessary, the parties will cooperatively prepare an acceptable 

Stipulated Protective Order addressing discovery information, confidentiality and claims 

of privilege and protection of trial-preparation materials, which will necessarily 

incorporate the parties’ stipulation to the protections afforded by FRE 502 concerning 

the inadvertent disclosure of communications or other information covered by the 

attorney-client privilege or work product protection. The production of a privileged 

document will be understood to not waive the privilege as to that document or other 

privileged documents. Documents that the other side claims are privileged can be 

snapped back as soon as it is discovered they were produced without any need to make 

a showing that the production was inadvertent.

Case 3:14-cv-01329-HZ Document 13 Filed 12/18/14 Page 2 of 4
STIPULATED AGREEMENT ON DISCOVERY AND 

PRETRIAL MATTERS AND REPORT OF RULE 26(f) JOINT 

SCHEDULING CONFERENCE - 3

1040.022-01137420; 1

2300 SW First Avenue, Suite 200

Portland, OR 97201-5047

(503) 221-0699

FAX (503) 223-5706

f. All deposition exhibits will be numbered sequentially, etc. regardless of 

the identity of the deponent or the side introducing the exhibit and the same numbers 

will be used in pretrial motions and at trial.

g. Expert witness reports will be exchanged and provided as otherwise 

set forth in the Federal Rules of Civil Procedure as modified by the Local Rules to the 

extent applicable.

h. Absent discovery of new information hereafter, the parties must join 

any additional parties not later than January 30, 2015. 

i. Absent discovery of new information hereafter, the parties must amend 

pleadings on or before January 30, 2015.

j. Fact Discovery shall be completed by June 25, 2015.

k. The parties do not anticipate retaining experts in this matter. However, 

if experts are retained, the following deadlines apply: expert disclosures and reports 

shall be exchanged pursuant to Rule 26(a)(2) by July 10, 201; rebuttal expert 

disclosures and reports shall be exchanged pursuant to Rule 26(a)(2) by July 24, 2015; 

and depositions of experts will be completed by August 14, 2015.

l. Discovery will be needed on all issues raised by the pleadings pursuant 

to the scope of discovery contemplated by Rule 26(b)(1).

4. The parties have not agreed to consent to a Magistrate Judge.

5. Summary judgment motions: Motions pursuant to Rule 56 shall be filed 

on or before August 14, 2015.

6. The parties will agree upon a jury questionnaire to be utilized in 

connection with voir dire.

7. ADR – The parties are both amenable to exploring one or more ADR 

methods and, as discover progresses, will discuss which of the options set forth in LR 

///

Case 3:14-cv-01329-HZ Document 13 Filed 12/18/14 Page 3 of 4
STIPULATED AGREEMENT ON DISCOVERY AND 

PRETRIAL MATTERS AND REPORT OF RULE 26(f) JOINT 

SCHEDULING CONFERENCE - 4

1040.022-01137420; 1

2300 SW First Avenue, Suite 200

Portland, OR 97201-5047

(503) 221-0699

FAX (503) 223-5706

160-4 they will pursue. The parties will file a Joint ADR Report pursuant to LR 16-4(d) 

on or before June 25, 2015.

8. The parties request a conference with the Court to discuss the Pretrial 

Order, Pretrial Motions, and Trial.

The parties respectfully move the Court for entry of the above-referenced 

deadlines for discovery, ADR and Summary Judgment Deadlines. 

IT IS SO STIPULATED:

DATED this 18th day of December, 2014 STEWART SOKOL & LARKIN LLC

 By: __/s/ Tyler J. Storti _____

 John Spencer Stewart, OSB #711648

 Tyler J. Storti, OSB #034695

Attorneys for Defendant Moore 

Excavation, Inc., dba MEI Group

DATED this 18th day of December, 2014 SMITH & FJELSTAD

By: __/s/ Kerry M.L. Smith _____

Kerry M.L. Smith, OSB #881033

Attorneys for Plaintiff

Case 3:14-cv-01329-HZ Document 13 Filed 12/18/14 Page 4 of 4