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Fletcher v. Peters

United States District Court, D. Nebraska

November 30, 2015

BARRY W. FLETCHER, SR., Plaintiff,
v.
CATHIE PETERS, mail/material Specialist, Tecumseh State Correctional Institution; and LEAH SWARTHOUT, Sergeant, Tecumseh State Correctional Institution, sued in their individual capacities, Defendants.

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

THOMAS D. THALKEN UNITED STATES MAGISTRATE JUDGE

This matter is before the court on the Joint Motion to Extend Progression Order Deadlines (Filing No. 105) filed on behalf of Barry W. Fletcher, Sr. and Cathie Peters. For good cause shown, IT IS ORDERED: The provisions of the court’s earlier, initial progression order remain in effect, and in addition to those provisions, the following shall apply:

1. The Joint Motion to Extend Progression Order Deadlines (Filing No. 105) is granted as set forth below.

2. Discovery Deadlines.

a. Deposition Deadline. All depositions, whether or not they are intended to be used at trial, shall be completed by January 29, 2016.
b. Written Discovery Deadline. All interrogatories, requests for admission and requests for production or inspection, whether or not they are intended to be used at trial, shall be served sufficiently early to allow rule time response before the deposition deadline. Counsel may stipulate to extensions of time to respond to discovery requests in accordance with Fed.R.Civ.P. 29, but such extensions shall not extend any of the dates in this order; any request to extend the deadlines of this order shall be sought by motion.

3. Pretrial Disclosures.[1] Pursuant to Fed.R.Civ.P. 26(a)(3), each party shall serve opposing counsel and file a redacted version as applicable with the following information regarding the evidence it may present at trial other than solely for impeachment purposes as soon as practicable but not later than the date specified:

a. Witnesses - On or before January 4, 2016: The name, address and telephone number of each witness, separately identifying those whom the party expects to present and those whom the party may call if the need arises.
b. Deposition Testimony and Discovery - The designation of discovery testimony and discovery responses intended to be utilized at trial is not required for this case. Motions to require such designations may be filed not later than fifteen days prior to the deposition deadline.
c. Trial Exhibits - On or before March 4, 2016: A list of all exhibits it expects to offer by providing a numbered listing and permitting examination of such exhibits, designating on the list those exhibits it may offer only if the need arises.
d. Waiver of Objections: Any and all objections to the use of the witnesses, deposition testimony, discovery responses, or exhibits disclosed pursuant to the above subparagraphs, including any objection pursuant to Fed.R.Civ.P. 32(a) that a deponent is available to testify at the trial, shall be made a part of the pretrial order. Failure to list objections (except those under Fed.R.Evid. 402 and 403) is a waiver of such objections, unless excused by the court for good cause shown.

4. Motions in Limine. Any motions in limine shall be filed on or before March 11, 2016.

5. The Final Pretrial Conference with the undersigned magistrate judge is set for March 18, 2016, at 2:00 p.m. in chambers, Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The final pretrial conference shall be attended by lead counsel for represented parties. Counsel shall complete prior to the pretrial conference, all items as directed in NECivR 16.2.[2] By the time of the pretrial conference, full preparation for trial shall have been made so that trial may begin immediately thereafter. The pretrial conference will include a discussion of settlement, and counsel shall be prepared through investigation, discovery and communication with clients and insurers, if any, to discuss fully the subject of settlement, including realistic expectations about liability, obstacles to agreement, offers made, and offers which can be made at the conference. Counsel ...


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