Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rasby v. Pillen

United States District Court, D. Nebraska

September 26, 2016

DEBORAH RASBY, Plaintiff,
v.
JAMES D. PILLEN, Defendant.

          AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

          Thomas D. Thalken United States Magistrate Judge

         This 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:

         1. The parties' Unopposed Joint Stipulated Motion to Amend Order Setting Final Schedule for Progression of Case (Filing No. 84) is granted as set forth below.

         2. 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.

         3. Discovery Deadlines.

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.

         4. 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. 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 shown.

         5. 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.

         6. The 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.[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. Counse ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.