United States District Court, D. Nebraska
BROOM, CLARKSON, LANPHIER & YAMAMOTO, a Partnership, Plaintiff,
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
D. Thalken United States Magistrate Judge.
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.
Deposition Deadline. All depositions, whether or not they are
intended to be used at trial, shall be completed by November
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
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
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. 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
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
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 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