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United States v. Travelers Casualty and Surety Company of America

United States District Court, D. Nebraska

May 4, 2017

UNITED STATES OF AMERICA FOR THE USE OF DONALD B. MURPHY CONTRACTORS, a Washington corporation; Plaintiff,
v.
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 ORDER

          Susan M. Bazis United States Magistrate Judge

         This 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.)

         In 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 below.

         Accordingly, IT IS ORDERED as follows:

         1. 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.

         2. 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 July 25, 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 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.

         3. 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 hearing.
b. Any other motions in limine shall be filed on or before August 15, 2017.

         4. The 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.[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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