United States District Court, D. Nebraska
SEAN D. PRICE, Plaintiff,
BRIAN JARETT and UNION PACIFIC RAILROAD COMPANY, Defendant.
D. Thalken United States Magistrate Judge.
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
OF CASE AND RESCHEDULING OF TRIAL.
matter comes before the court on the parties’ Joint
Motion to Extend Deadlines (Filing No. 28). The court finds
the parties have shown good cause exists for the extensions
sought. Additionally, the parties seek extensions of
deadlines which necessitate rescheduling the pretrial
conference and trial dates. Accordingly, IT IS ORDERED:
parties’ Joint Motion to Extend Deadlines (Filing No.
28) is granted as set forth herein.
Motions for Summary Judgment. Motions for summary judgment
shall be filed not later than August 31, 2016. See NECivR
56.1 and 7.1.
a. Deposition Deadline. All depositions, whether or not they
are intended to be used at trial, shall be completed by
August 15, 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.
Pretrial Disclosures. 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 July 15, 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 November 3, 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
Motions in Limine. Motions in limine shall
be filed on or before November 10, 2016.
Final Pretrial Conference with the undersigned magistrate
judge is set for November 17, 2016, at 11:00 a.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. 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.