United States District Court, D. Nebraska
Michael D. Nelson, United States Magistrate Judge.
matter is before the court on Plaintiff's Unopposed
Motion to Continue Trial and Amend Progression Order (Filing
No. 119 in Case No. 8:16CV131 and Case No. 8:16CV174). On
September 13, 2017, this Court appointed counsel to represent
Plaintiff after it became apparent at the Final Pretrial
Conference that Plaintiff is unable to present her claims
without the assistance of counsel. (Filing No. 116).
Plaintiff's appointed counsel has reviewed the case file
to date and requests at least ninety (90) days to conduct
discovery, including interrogatories, production requests,
and a limited number of depositions. Plaintiff's
appointed counsel also has a conflict with the October 16,
2017, trial date, and requests a continuance of trial.
Counsel for Defendant does not oppose the instant motion.
Upon review of the record, and for good cause shown, the
Court finds that the motion should and will be granted.
Accordingly, IT IS ORDERED: Plaintiff's
Unopposed Motion to Continue Trial and Amend Progression
Order (Filing No. 119 in Case No. 8:16CV131 and Filing No.
119 Case No. 8:16CV174), is granted, and the following
scheduling deadlines shall apply:
Discovery. All interrogatories, requests for
admission and requests for production or inspection, whether
or not they are intended to be used at trial, shall be served
on or before October 31, 2017. All
depositions, whether or not they are intended to be used at
trial, shall be completed by December 29,
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 January 26,
2018: 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 January 26,
2018: 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 shall be filed on or
before January 30, 2018.
Final Pretrial Conference with the
undersigned magistrate judge is set for February 9,
2018, at 10:00 a.m. in my chambers, 111 South 18th
Plaza, Suite 2210, Roman L. Hruska United States Courthouse,
Omaha, Nebraska. The final pretrial conference shall be
attended by lead counsel for represented parties. Prior to
the pretrial conference, counsel shall complete 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.
Mediation and Settlement:
a. If the parties intend to mediate their dispute,
notice of the mediation shall be given to
the staff of the assigned magistrate judge's office. The
filing of a mediation reference order will terminate pending
motions, without prejudice to refiling. If the mediation is
not successful, the moving party may reinstate such a motion
by filing a written notice to that effect, and the other
parties may respond in accordance with the local rules,
regarding the date of the notice as reinstating the
response/reply time that remained as of the date the
mediation reference order was filed.
b. Not later than two weeks prior to trial,
plaintiff or plaintiff's counsel shall serve on defendant
or defendant's counsel a written, updated settlement
proposal. Defendant or defendant's counsel shall respond
in writing to such proposal not later than one week before
of settlement shall be given to the trial
judge's office as soon as practicable but in any event in
time to avoid summoning a jury. If a case settles and notice
of settlement is not given in sufficient time to avoid
summoning a jury, assessment of jury costs may - and normally
will - be made against a party and/or counsel for one or more
of the parties. For purposes of this ...