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Broom, Clarkson, Lanphier & Yamamoto v. Kountze

United States District Court, D. Nebraska

October 17, 2016

BROOM, CLARKSON, LANPHIER & YAMAMOTO, a Partnership, Plaintiff,
v.
EDWARD KOUNTZE, individually and as Personal Representative of the Estate of Denman Kountze, Jr. in Collier County, Florida, Defendant.

          FOURTH AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

          Thomas D. Thalken United States Magistrate Judge.

         This matter is before the court on the parties' Joint Motion to Amend Progression Order and Briefing Schedule (Filing No. 142). The court finds good cause exists to modify the progression order and other deadlines as requested. Accordingly, IT IS ORDERED: The parties' Joint Motion to Amend Progression Order and Briefing Schedule (Filing No. 142) is granted as set forth below.

         IT IS FURTHER ORDERED:

         1. Deposition Deadline. All depositions, whether or not they are intended to be used at trial, shall be completed by November 30, 2016.

         2. Motions in Limine.

a. The briefing schedule on the parties' respective motions in limine challenging the admissibility of expert testimony at trial under Fed.R.Evid. 702 (Filing Nos. 136-140) are extended to allow the response briefs to be filed by December 30, 2016, and reply briefs to be filed by January 9, 2017.
b. Any motions in limine, other than those challenging the admissibility of expert testimony at trial under Fed.R.Evid. 702, shall be filed on or before February 28, 2017.

         3. Trial Exhibits - On or before February 13, 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

         4. The Final Pretrial Conference with the undersigned magistrate judge is set for March 7, 2017, at 10:00 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.[1] 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 shall be prepared to make additional offers or proposals for settlement in behalf of their clients at the pretrial conference, and counsel shall be prepared to make or opine on recommendations for further negotiations and conferences.

         5. Settlement.

a. Not later than two weeks prior to trial, plaintiff or plaintiff's counsel shall serve on defendants or defendants' counsel a written, updated settlement proposal. Defendants or defendants' counsel shall respond in writing to such proposal not later than one week before trial.
b. In the event the parties mediate their dispute, notice of the mediation shall be given to the staff of the magistrate judge's office. The filing of a mediation reference order will terminate pending motions, without prejudice to refiling. If the mediation is not successful, the moving party may reinstate such a motion by filing a written notice to that effect, and the other parties may respond in accordance with the local rules, regarding the date of the notice as reinstating the response/reply time that remained as of the date the mediation reference order was filed.
c. Notice of settlement shall be given to the trial judge's office as soon as practicable but in any event in time to avoid summoning a jury. If a case settles and notice of settlement is not given in sufficient time to avoid summoning a jury, assessment of jury costs may -- and normally will -- be made against a party and/or counsel for one or more of the parties. For purposes of this paragraph, a jury is considered summoned for a trial at noon the business day prior to the designated date of trial.

         6. Trial is set to commence, at the court's call, during the week of March 13, 2017, in Omaha, Nebraska, before the Honorable Robert F. Rossiter, Jr. and a jury. Unless otherwise ...


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