United States District Court, D. Nebraska
TRIAL PREPARATION ORDER
M. Bazis United States Magistrate Judge
Final Pretrial Conference was held in this matter on January
6, 2017. During the Conference, the parties discussed their
respective motions in limine. (Filing Nos. 37 & 41.)
After some discussion of the issues raised in each of the
motions, the parties agreed that the Court should grant
paragraphs 2, 3, and 4 of Filing No. 37. Paragraph 1 of
Filing No. 37 is moot because Plaintiffs are not claiming
lost wages. As to Filing No. 41, the parties agreed that the
Court should grant paragraphs 2, 3, 4, 5, 6, 7, 9, 10, and
11. The parties want to further argue to the Court paragraphs
1, 8, and 12 of Filing No. 41. The Court will hear arguments
on paragraphs 1, 8, and 12 of Filing No. 41 the morning of
trial, prior to jury selection. Accordingly, Defendant's
Motion in Limine (Filing No. 37) is granted as to paragraphs
2, 3, and 4. Paragraph 1 of Filing No. 37 is denied because
it is moot. Plaintiffs' Motion in Limine (Filing No. 41)
is granted as to paragraphs 2, 3, 4, 5, 6, 7, 9, 10, and 11,
with paragraphs 1, 8, and 12 to be resolved on the day of
issue raised at the Pretrial Conference is whether the Court
may take judicial notice of motor vehicle stopping distances.
The parties have been directed to file briefs regarding this
issue. Plaintiffs' brief shall be filed by January 16,
2017. Defendant's responsive brief shall be submitted by
January 23, 2017. The Court will resolve the question
relating to judicial notice at the time of trial.
Continuance. Trial will timely commence at 9:00 a.m.
on January 30, 2017, in Roman L. Hruska United States
Courthouse, 111 South 18th Plaza, Omaha, Nebraska.
Trial will be held in Courtroom No. 7. Any motion to continue
trial must be accompanied by a supporting affidavit and a
proposed order, and delivered to Magistrate Judge Susan M.
FOLLOWING MATERIAL MUST BE SUBMITTED NO LATER THAN FIVE (5)
WORKING DAYS BEFORE THE SCHEDULED DATE OF TRIAL:
The following documents shall be filed electronically with
the Clerk of the Court: trial brief, witness list, exhibit
list, proposed jury instructions and verdict form(s).
In addition, each party shall e-mail to my chambers
(email@example.com) the proposed jury
instructions, verdict form(s), witness list, and exhibit
list, preferably in Word format.
DISCOVERY MATERIAL: Use of discovery
material as substantive evidence is controlled by the
Pretrial Order and the following requirements:
Proponent: The proponent of a deposition to
be used at trial shall deliver a copy of the deposition to my
chambers. If less than the entire deposition will be offered,
the proponent shall deliver: (1) a list or index designating
by page and line(s) the testimony to be offered, and (2) a
copy of the entire deposition with highlighted parts to be
Objections: A list or index of objections to
another party's designated deposition testimony shall be
delivered to my chambers and shall identify by page and line
the location of the objection and shall ...