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1. The parties shall make Rule 26(a)(1) disclosures no later than January 16, 2018, after first trying to agree upon stipulations as to undisputed facts no later than that date.

2. The issues on which the parties need to conduct discovery are the contractual provisions and trademark rights allegedly impaired by S.B. 2289, the motivation for and legislative history of S.B 2289, and any other factual issues raised by the pleadings to which the parties are unable to agree.

3. The parties shall have until March 30, 2018 to complete fact discovery and to file discovery motions.

4. The parties shall provide the names of expert witnesses and complete reports under Rule 26(a)(2) as follows: plaintiffs’ experts, no later than April 30, 2018; defendants’ experts, no later than May 31, 2018; rebuttal experts, no later than June 15, 2018.

5. The parties shall have until July 31, 2018 to complete discovery depositions of expert witnesses.

6. The parties shall have until January 16, 2018 to move to join additional parties.

7. The parties shall have until January 16, 2018 to move to amend pleadings to add claims or defenses.

8. The parties shall have until January 16, 2018 to file other non-dispositive motions (e.g., consolidation, bifurcation).

9. The parties shall have until January 16, 2018 to file threshold motions (e.g., jurisdiction, qualified immunity, statute of limitations). Discovery shall not be stayed during the pendency of such motions. 

10. The parties shall have until November 16, 2018, to file other dispositive motions (summary judgment as to all or part of the case).

11. Each party shall serve no more than 25 interrogatories, including subparts. No broad contention interrogatories (i.e., “List all facts supporting your claim that . . .”) shall be used.

12. Each side shall take no more than 10 discovery depositions.

13. Depositions taken for presentation at trial shall be completed 30 days before trial.

14. Counsel have discussed among themselves and explored with their clients early involvement in alternative dispute resolution. The parties agree that alternative dispute resolution would not be appropriate in this case.

15. A mid-discovery status conference would be helpful in this case. An appropriate time for the conference would be February 2018.

16. The parties will not voluntarily waive their rights to proceed before a district judge and consent to have a magistrate judge conduct any and all further proceedings in the case, including the trial, and order the entry of a final judgment.

17. Trial of this case will be nonjury.

18. The estimated length of trial is seven days.