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Borovac v. Smart, International Association of Sheet Metal

United States District Court, D. Nebraska

January 25, 2018

PAUL BOROVAC, Plaintiff,
v.
SMART, INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL AND TRANSPORTATION WORKERS, Defendant.

          AMENDED INITIAL PROGRESSION ORDER

          Susan M. Bazis, United States Magistrate Judge.

         This matter is before the Court on the unopposed Motion to Extend Deadlines and Postpone Scheduling Conference. (Filing No. 38.) Good cause having been shown, this motion is granted.

         Accordingly, IT IS ORDERED:

         1. Authorization and Sequence of Discovery. The parties may now commence discovery. That discovery required to prepare the case for mediation or other settlement negotiations and that discovery required to prepare the case for possible summary judgment disposition shall be conducted before other discovery.

         2. Mediation. If mediation has not already been conducted, counsel shall immediately advise the parties that the court expects them to mediate their dispute if they have not already done so, and may order them to participate in settlement discussions, in the presence of the judge if appropriate. Counsel shall notify the assigned magistrate judge by joint or separate letters by February 2, 2018, addressing the following:

a. That they have advised their clients of the court's expectations respecting mediation;
b. That they have hired a mediator and the name of the mediator hired;
c. The date of their scheduled mediation;
d. Their joint, or if necessary, separate views on whether the progression of the case should be stayed pending the outcome of their mediation;
e. If no mediator has been hired by that time, counsel's estimate of when a mediator can be hired and a mediation held;
f. If a mediation previously has been held, the identity of the mediator, the date of the mediation, and their views as to whether another mediation at this time might be successful in resolving the dispute;
g. Whether the parties object to mediation and if so, what the objections are; and
h. If the parties have not discussed mediation, what settlement efforts have been undertaken and what actions are planned for the future, together with the timing of such anticipated actions.

         Failure to provide the required report will result in postponement of the planning conference ...


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