United States District Court, D. Nebraska
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
M. Bazis United States Magistrate Judge.
light of the continuance of the trial in this matter (Filing
No. 70), IT IS ORDERED that the provisions
of the court's earlier, Final Progression Order,
(Filing No. 66) shall remain in effect, and in
addition to those provisions, the following shall apply:
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 23,
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 23,
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.
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 January 22, 2018,
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 May 14, 2018.
Final Pretrial Conference with the assigned
magistrate judge is set for May 21, 2018, 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. 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