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McMiller v. Hiykel

United States District Court, D. Nebraska

March 28, 2017

JAZMYNE MCMILLER, Plaintiff,
v.
FRED J. HTYKEL, Defendant.

          AMENDED FINAL PROGRESSION ORDER

          Susan M. Bazis United States Magistrate Judge

         This 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 trial date.

         Accordingly, 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 shall apply:

         1. 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.

         3. 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[1] 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 time.
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.

         4. Motions in Limine.

         a. Any other motions in limine shall be filed on or before June 29, 2017.

         5. 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.[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.

         6. Mediation ...


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