United States District Court, D. Nebraska
SEAN D. PRICE, Plaintiff,
BRIAN JARETT, and UNION PACIFIC RAILROAD COMPANY, Defendants.
SIXTH AMENDED FINAL PROGRESSION ORDER
M. BAZIS UNITED STATES MAGISTRATE JUDGE
matter is before the Court on the parties' Joint Motion
to Extend Progression Order Deadlines. (Filing No.
97.) The motion is granted.
IT IS ORDERED as follows:
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 April 20,
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 April 20,
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. Motions in limine shall
be filed on or before May 4, 2018.
Final Pretrial Conference with the assigned
magistrate judge is set for May 11, 2018 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. 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
c. Notice 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
paragraph, a ...