United States District Court, D. Nebraska
SEAN D. PRICE, Plaintiff,
BRIAN JARETT and UNION PACIFIC RAILROAD COMPANY, Defendant.
SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR
PROGRESSION OF CASE AND RESCHEDULING OF TRIAL
D. THALKEN UNITED STATES MAGISTRATE JUDGE
matter comes before the court on the parties’ second
Joint Motion to Extend Deadlines (Filing No. 31). The court
finds the parties have shown good cause exists for the
extensions sought. Accordingly, IT IS ORDERED:
parties’ Joint Motion to Extend Deadlines (Filing No.
31) is granted as set forth herein.
Motions for Summary Judgment. Motions for
summary judgment shall be filed not later than November 30,
2016. See NECivR 56.1 and 7.1.
Deposition Deadline. All depositions, whether or not
they are intended to be used at trial, shall be completed by
November 15, 2016.
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 October 14,
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
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 3,
2017: 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.
Motions in Limine. Motions in
limine shall be filed on or before March 10, 2017.
The Final Pretrial Conference with the
assigned magistrate judge is set for March 17, 2017, 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.