United States District Court, D. Nebraska
AMENDED FINAL PROGRESSION ORDER
M. Bazis United States Magistrate Judge
matter is before the Court on the Motion For
Enlargement of Time to Move for Summary Judgment. (Filing
No. 35.) This Motion is granted. However, moving the
Summary Judgment deadline as requested necessitates
rescheduling other deadlines in this case, including the
IT IS ORDERED that the provisions of the
court's earlier, initial progression order remain in
effect, and in addition to those provisions, the following
Motions for Summary Judgment. Motions for
summary judgment shall be filed not later than March
31, 2017. See NECivR 56J and NECivR
ZL 2. Discovery Deadlines:
a. Deposition Deadline. All depositions,
whether or not they are intended to be used at trial, shall
be completed by March 31, 2017.
Pretrial Disclosures. 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. Nonexpert Witnesses - On or before June 8,
2017: The name, address and telephone
number of each witness, separately identifying
those whom the party expects to present and those whom the
party may call if the need arises.
b. Deposition Testimony and Discovery - The
designation of discovery testimony and discovery responses
intended to be utilized at trial is not required at this
c. Trial Exhibits - On or before June 8,
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.
d. 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.
Motions in Limine.
other motions in limine shall be filed on or before
June 29, 2017.
The Final Pretrial Conference with the
assigned magistrate judge is set for July 6, 2017, at
11:00 a.m. in chambers, 111 South 18th Plaza, Suite
2271, Roman L. Hruska United States Courthouse, 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 conferences.