United States District Court, D. Nebraska
IMPERIAL BEEF, LLC, a Nebraska limited liability company; Plaintiff,
JOHN BOEHS, husband and wife; CHARLENE BOEHS, husband and wife; STATE OF NEBRASKA, AG-LAND AVIATION, INC., a Nebraska corporation; THOUVENEL HARVESTING, LLC, a Montana Limited liability company; CHAD LUNDEEN, VALLEY BANK AND TRUST COMPANY, a bank incorporated by the laws of the State of Nebraska; WYOMING STATE BANK, a Wyoming corporation; UNITED STATES OF AMERICA, and TRUSTEE ATTEBERY FAMILY TRUST, Defendants.
ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF
M. BAZIS, UNITED STATES MAGISTRATE JUDGE
review of the Parties' Rule 26(f) Report (Filing No.
25), IT IS ORDERED:
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.
Mandatory Disclosures described in
Fed.R.Civ.P. 26(a)(1) shall be served by August 17,
filing of disclosures under Fed.R.Civ.P.
26(a)(1), and (2), as well as the filing of discovery
documents, depositions, and disclosures required by this
order shall be governed by NECivR 26.1. The
disclosures required by Fed.R.Civ.P. 26(a)(3) shall be filed
when served. Note: Disclosures that are filed should
be redacted so no personal information (e.g., home addresses,
phone numbers, Social Security numbers, etc.) is made part of
the public record.
Withholding Documents from Disclosure or
Discovery. If any document is withheld from
production or disclosure on the grounds of privilege or work
product, the producing party shall disclose the following
information about each such document withheld: a description
of the document withheld with as much specificity as is
practicable without disclosing its contents, including (a)
the general nature of the document; (b) the identity and
position of its author; (c) the date it was written; (d) the
identity and position of its addressee; (e) the identities
and positions of all persons who were given or have received
copies of it and the dates copies were received by them; (f)
the document's present location and the identity and
position of its custodian; and (g) the specific reason or
reasons why it has been withheld from production or
Limits on Discovery. Each party is limited
to serving 25 interrogatories on any other
party. The plaintiffs as a group, and the defendants as a
group, are each limited to taking 20
depositions in this case, without leave of court.
Adding Parties; Amending Pleadings. The
parties have indicated that they do not anticipate the need
to add parties or amend pleadings.
Status Conference. A telephone conference
with the assigned magistrate judge will be held on
October 22, 2018, at 2:30
p.m., for the purpose of reviewing the preparation
of the case to date. A separate order will be filed
with conferencing instructions.
Motions to alter dates. All requests for
changes of deadlines established by this order shall be
directed to the magistrate judge by appropriate motion.
stipulations of the parties regarding discovery and
progression matters set forth in their planning report to the
court, not in conflict with the provisions of this order, are
approved and adopted. The stipulations for dismissal and/or
striking of claims and/or defenses contained in the
parties' planning report are approved and adopted, and
all of such claims and/or defenses are hereby dismissed
Motion to Dismiss and Motions for Summary
Judgment. Motions to dismiss and/or for summary
judgment shall be filed not later than February 1,
2019. See NECivR 56.1 and NECivR
a. Deposition Deadline. All depositions,
whether or not they are intended to be used at trial, shall