JOHN S. UNPINGCO, United States District Judge
Pursuant to Rules 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 Scheduling Order:
1. The nature of the case is as follows:
Collection Action under Miller Act.
2. The posture of the case is as follows:
a) Both Defendants have been served and have appeared.
b) The following motions are on file: Biogenesis Motion to Dismiss (FRCP 12(b)(1) and 12(b)(6)); AIG Motion to
Dismiss and For Summary Judgment (FRCP 12(b)(1); 12(b)(6); and 56(c)).
c) The following motions have been resolved: No motion has been resolved.
d) The following discovery has been initiated: No discovery has been initiated.
3. All motions to add parties and claims shall be filed on or before September 27, 2002.
4. All motions to amend pleadings shall be filed on or before: October 28, 2002.
5. Status of Discovery:
The Discovery Plan attached hereto is adopted and incorporated as part of this Scheduling Order.
6. The parties shall appear before the District Court of Guam on August 20, 2002 at 3:00 p.m. for the Scheduling Conference.
7. The discovery cut-off date is: March 14, 2003.
8. a) All discovery motions shall be filed on or before
March 28, 2003 and heard on
April 18, 2003 at 10:00 a.m. ________
b) Summary judgment motions are likely. Motions related to any as yet unfiled pleadings are possible.
c) All dispositive motions shall be filed on or before
April 25, 2003 and heard before
May 23, 2003.
9. The prospects for settlement between Plaintiff and Defendant AIG are unknown. Settlement between Plaintiff and Defendant Biogenesis is unknown.
10. The Preliminary Pretrial Conference shall be held on the June 27th, 2003 at 3:00 p.m. ________
11. The parties' pretrial materials, discovery materials, witness lists, designations and exhibit lists shall be filed on or before June 23, 2003, except that expert witness disclosure shall be made no later than April 25, 2003.
12. The Proposed Pretrial Order shall be filed on or before July 11, 2003.
13. The Final Pretrial Conference shall be held on July 18, 2003 at 3:00 p.m.
14. The Trial in this matter shall be held on the 25th day of July, 2003 at 9:30 a.m.
15. The trial is not a jury trial.
16. It is anticipated that it will take seven (7) days to try this case.
17. The names of counsel who will try this case are:
a) Antonio L. Cortés, Esq.
b) Arthur B. Clark, Esq.
c) Louie J. Yanza, Esq., John B. Maher, Esq., possible off-island counsel.
18. Plaintiff and Defendant AIG wish to submit the case to a settlement conference. Defendant Biogenesis does not.
19. The parties present the following suggestions for shortening trial:
a) Joint submission of Exhibits.
b) Stipulations regarding admissibility and authenticity of Exhibits.
c) A limited number of stipulated facts.
20. The following issues will also affect the status or management of the case:
a.) off-island witnesses will likely prolong discovery.
Antonio L. Cortés, Attorney for ______________________________ ANTONIO L. CORTés, Attorney for Plaintiff Rhino Builders, Inc.
Janalynn M.M. Cruz, Attorney for _______________________________ JANALYNN M.M. CRUZ, Attorney for Defendant Biogenesis Pacific, Inc
Louie J. Yanza, Attorney for ____________________________ LOUIE J. YANZA, Attorney for Defendant AIG Technical Services, Inc.