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Imperial Beef, LLC v. Boehs

United States District Court, D. Nebraska

July 18, 2018

IMPERIAL BEEF, LLC, a Nebraska limited liability company; Plaintiff,
v.
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 CASE

          SUSAN M. BAZIS, UNITED STATES MAGISTRATE JUDGE

         Upon review of the Parties' Rule 26(f) Report (Filing No. 25), 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. Mandatory Disclosures described in Fed.R.Civ.P. 26(a)(1) shall be served by August 17, 2018.

         3. The 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.

         4. 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 disclosure.

         5. 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.

         6. Adding Parties; Amending Pleadings. The parties have indicated that they do not anticipate the need to add parties or amend pleadings.

         7. 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.

         8. Motions to alter dates. All requests for changes of deadlines established by this order shall be directed to the magistrate judge by appropriate motion.

         9. The 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 and/or stricken.

         10. 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 7.1.

         11. Discovery Deadlines:

a. Deposition Deadline. All depositions, whether or not they are intended to be used at trial, shall be ...

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