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Price v. Jarett

United States District Court, D. Nebraska

May 4, 2017

SEAN D. PRICE, Plaintiff,
v.
BRIAN JARETT, and UNION PACIFIC RAILROAD COMPANY, Defendants.

          FOURTH AMENDED FINAL PROGRESSION ORDER

          Susan M. Bazis United States Magistrate Judge

         This matter is before the Court on the Joint Motion for Entry of Amended Progression Order. (Filing No. 71.) The parties have advised that they have completed discovery, with the exception of the deposition of Kathleen Hughes and the production of certain documents. However, the deposition has been scheduled for May 31, 2017, and Plaintiff intends to subpoena the outstanding documents in connection with Ms. Hughes' deposition.

         Accordingly, based on the information provided by the parties, the following deadlines govern progression of this case:

         1. Depositions and any remaining written discovery shall be completed by May 31, 2017.

         2. Motions for summary judgment shall be filed by July 10, 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 September 15, 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 September 15, 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. Motions in limine challenging the admissibility of expert testimony at trial under Fed.R.Evid. 702, see Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999), and Daubert v. Merrell-Dow Pharmaceuticals, 509 U.S. 579 (1993), shall be filed by June 30, 2017, and accompanied by a request for a hearing if necessary. Failure to timely move for a hearing may constitute waiver of the request for a hearing.
b. Any other motions in limine shall be filed on or before September 25, 2017.

         5. The Final Pretrial Conference with the assigned magistrate judge is set for October 2, 2017, at 10:00 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. ...


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