United States District Court, D. Nebraska
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
D. Thalken United States Magistrate Judge
matter comes before the court on the parties' Unopposed
Joint Stipulated Motion to Amend Order Setting Final Schedule
for Progression of Case (Filing No. 84). For good cause
shown, IT IS ORDERED:
parties' Unopposed Joint Stipulated Motion to Amend Order
Setting Final Schedule for Progression of Case (Filing No.
84) is granted as set forth below.
Motions for Summary Judgment. Motions for summary judgment or
other dispositive motions shall be filed not later than
January 16, 2017. 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
November 16, 2016, for nonexpert witnesses, and by December
16, 2016, for expert witnesses.
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.
c. Discovery Motions. Motions to compel may not be filed
without conferring as required by NECivR 7.1(i) and
contacting the assigned magistrate judge's chambers to
set a conference for discussing the dispute. Discovery
motions shall be filed not later than November 1, 2016, as to
matters which are then ripe for decision; discovery matters
arising after that date may be the subject of motions until
the deposition deadline.
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. 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.
b. Trial Exhibits - On or before March 15, 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.
c. 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. Any motions in limine,
including those challenging the admissibility of expert
testimony at trial under Fed.R.Evid. 702, shall be filed by
March 15, 2017. See Kumho Tire Co., Ltd. v.
Carmichael, 526 U.S. 137 (1999); Daubert v.
Merrell-Dow Pharms., 509 U.S. 579 (1993). The motions
should be accompanied by a request for a hearing, if
necessary. Failure to timely move for a hearing may
constitute waiver of the request for a hearing.
Final Pretrial Conference with the assigned magistrate judge
is set for March 24, 2017, at 10:30 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.