Order: Mary Kappes and Wayne Kappes, Plaintiff, v Burchill Construction, LLC and Barry Burchill,v. Pro Build n/k/a Builders FirstSource;Dakota Cabinetry, Inc; ProBuild NOrth LLC d/b/a TImber Roots; Skjeret Concrete LLC; Schmitty's Plumbing, Heating and Sheet Metal, Inc.; Red River Drywall, Inc.; and Mark Meyer

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                                STATE OF MINNESOTA                                                                     IN DISTRICT COURT

                  COUNTY OF WILKIN                                                           EIGHTH JUDICIAL DISTRICT
                  _______________________________________________________________________________

                  Mary Kappes and Wayne Kappes,
                                                                                                    Court File No. 84-CV-17-109
                                             Plaintiffs,
                  vs.                                                                                   SCHEDULING ORDER

                  Burchill Construction, LLC and,
                  Barry Burchill,

                                             Defendants.
                  _______________________________________________________________________________

                           The Court reviewed the file and the civil cover sheets filed. The plaintiffs are represented by

                  Mark Peschel of Savage, MN.          Defendants are represented by Kirsten Hansen of Minneapolis, MN.

                           IT IS HEREBY ORDERED:

                           1.       The parties shall make their initial disclosures on or before July 1, 2017, consistent

                  with Rule 26.01(a).

                           2.       Discovery shall be completed by November 1, 2017.              No additional discovery will be

                  permitted thereafter except upon motion for good cause shown.

                           3.       The   deadline   for  amendment     of  pleadings    or joining   additional   parties, either  by

                  amendment or third party practice, is November 14, 2017.

                           4.       Non-dispositive     motions   shall  be  filed and  heard   before   or on  February     2, 2018.

                  Dispositive motions shall be filed and heard before or on January 1, 2018.             Both dispositive and non-

                  dispositive motions shall fully comply with the Minnesota General Rules of Practice.

                           5.  Mediation shall be completed by December 1, 2017.              The parties shall report the outcome

                  to the  Court   within  one   week   after completion    of  the  mediation.   If the  parties  cannot  agree   on  a

                  mediator, Mark Haley shall be appointed, dependent on his acceptance of the matter.



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                           6.       Plaintiffs’ expert disclosures pursuant to Rule 26.01(b) shall be made on or before

                  November 1, 2017, and defendants’ expert disclosures shall be made on or before January 1, 2018.

                  Disclosure    of the  initialexpert   reports  of Plaintiffs’  experts   in compliance    with   Minn.   R.  Civ.  P.

                  26.01(b) and the affidavit required by Minn. Stat. §544.43 must be served on or before December 1,

                  2017.   Disclosure of initial expert reports of Defendants’ experts pursuant to Minn. R. Civ. P. 26.01(b)

                  must be served on or before February 1, 2018.           Any rebuttal expert’s written reports must be served

                  on or before February 15, 2018.         All expert discovery must be completed by December 1, 2017.

                           7.       The parties must complete any physical or mental examinations under Minn. R. Civ.

                  P. 35 by December 14, 2017.

                           8.       A pre-trial conference shall be held on January 30, 2018, at 10:00 a.m. at the Wilkin

                  County Courthouse in Breckenridge, Minnesota.               All counsel shall attend and the person for each

                  party with authority to settle the case shall appear in person. The parties may appear by telephone if

                  arranged ahead of time with court administration and approved by the Judge.

                           9.       A five-day jury trial is scheduled for March 5-9, 2018, commencing at 9:00 a.m.,

                  at the Wilkin County Courthouse in Breckenridge, Minnesota.                 Counsel shall arrive one-half hour

                  early to deal with appropriate pre-trial matters and to mark exhibits.

                           10.      Plaintiffs shall mark exhibits starting with number 1.         Defendants shall mark exhibits

                  starting with number 100.

                           11.      Exhibit lists, witness lists and motions in limine shall be submitted to the Court one

                  week prior to trial.

                                                                                                   BY THE COURT:
                                                                                                                  2017.05.26
                                                                                                                  15:50:05 -05'00'



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