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United States v. $15

United States District Court, D. Nebraska

November 9, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
$15, 480.00 IN UNITED STATES CURRENCY, Defendant, ERIC NORRIE, Claimant.

          ORDER FOR PROGRESSION OF FORFEITURE CASE

          Thomas D. Thalken United States Magistrate Judge.

         This matter is before the court on the plaintiff's Motion to Lift Stay and Issue New Progression Order (Filing No. 29). For good cause shown, IT IS ORDERED: The plaintiff's Motion to Lift Stay and Issue New Progression Order (Filing No. 29) is granted. The previously ordered stay of progression is lifted. In order to prepare this case for trial, the parties (parties includes claimants) shall abide by the following.

         1. Authorization and Sequence of Discovery. The parties may now commence discovery. That discovery required to prepare the case for mediation or other settlement negotiations and that discovery required to prepare the case for possible summary judgment disposition shall be conducted before other discovery.

         2. Mediation. If mediation has not heretofore been conducted, the court expects them to mediate their dispute if they have not already done so, and may order them to participate in settlement discussions, in the presence of the judge if appropriate. The parties shall notify the assigned magistrate judge by joint or separate letters by January 17, 2017, addressing the following:

a. That they are aware of the court's expectations respecting mediation;
b. That they have hired a mediator and the name of the mediator hired;
c. The date of their scheduled mediation;
d. Their joint, or if necessary, separate views on whether the progression of the case should be stayed pending the outcome of their mediation;
e. If no mediator has been hired by that time, an estimate of when a mediator can be hired and a mediation held;
f. If a mediation previously has been held, the identity of the mediator, the date of the mediation, and their views as to whether another mediation at this time might be successful in resolving the dispute;
g. Whether the parties object to mediation and if so, what the objections are; and
h. If the parties have not discussed mediation, what settlement efforts have been undertaken and what actions are planned for the future, together with the timing of such anticipated actions.

         If parties do not have the funds immediately available to pay a mediator's fees, the court's Plan for Administration of the Federal Practice Fund and the Mediation Plan (both available at www.ned.uscourts.gov) make the Federal Practice Fund available to advance such fees; if the case ends with any payment of money to that party, the Federal Practice Fund must be reimbursed.

         3. Mandatory Disclosures. Although this is an action in rem, the parties shall serve the disclosures described in Fed.R.Civ.P. 26(a)(1)(i) and (ii) by December 12, 2016. The parties shall serve the disclosures described in Fed.R.Civ.P. 26(a)(2) January 20, 2017. The parties ...


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