United States District Court, D. Nebraska
UNITED STATES OF AMERICA FOR THE USE OF DONALD B. MURPHY CONTRACTORS, a Washington corporation; Plaintiff,
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation Bond No. 041-SB-105826131; TRAVELERS INDEMNITY COMPANY, a Connecticut corporation Bond No. 041-SB-105826131; KIEWITPHELPS, a joint venture; and DRAKE-WILLIAMS STEEL, INC., Defendants.
ORDER AND EIGHTH AMENDED FINAL PROGRESSION
M. Bazis United States Magistrate Judge
matter is before the Court following a telephonic conference
held on May 4, 2017. During the conference, the parties
discussed KiewitPhelps' Motion to Compel (Filing No.
183), as well as KiewitPhelps' Motion to Amend
Progression Order Deadlines (Filing No. 204.)
accordance with the discussion had during the telephone
conference, the Motion to Amend Progression Order Deadlines
(Filing No. 204) is granted, in part, as set forth
IT IS ORDERED as follows:
Plaintiff Donald B. Murphy Contractors (“DBM”)
shall produce the 200 or so documents that it has withheld
from production for in camera review by the Court.
DBM shall provide the Court with hard and electronic copies
of the documents no later than May 18, 2017. DMB shall also
update its privilege log and provide a copy of the updated
log to all parties and the Court.
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 July 25,
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 July 25,
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.
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 April 17, 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
b. Any other motions in limine shall be filed on or before
August 15, 2017.
Final Pretrial Conference with the assigned
magistrate judge is set for August 22, 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. ...