United States District Court, D. Nebraska
OSCAR C. HERNANDEZ, Plaintiff,
HORMEL FOODS CORPORATION, Defendant.
SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR
PROGRESSION OF CASE
Michael D. Nelson, United States Magistrate Judge.
matter comes before the Court on the Joint Motion to Extend
Final Progression Order Deadlines (Filing No. 36). Upon
review of the motion, and for good cause shown, the Court
finds the motion should be granted. Accordingly, IT
IS ORDERED that the Joint Motion to Extend Final
Progression Order Deadlines (Filing No. 36) is granted, and
the case progression deadlines are amended as follows:
Motions to Dismiss and Motions for Summary
Judgment. Motions to Dismiss and/or Motions for
summary judgment shall be filed not later than May
18, 2018. See NECivR 56.1 and NECivR 7.1.
Deposition Deadline. All depositions,
whether or not they are intended to be used at trial, shall
be completed by April 20, 2018.
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 September 14,
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 September 14,
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
May 18, 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 September 21, 2018.
Final Pretrial Conference with the
undersigned magistrate judge is set for September 28,
2018, at 11:00 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.