United States District Court, D. Nebraska
MARCIE MEYER, an Individual; and MICHAEL MEYER, an Individual; Plaintiffs,
CURRIE TECH CORP., a Delaware Corporation; and ACCELL NORTH AMERICA, INC., a Delaware Corporation; Defendants.
ORDER AND SECOND AMENDED PROGRESSION ORDER
M. Bazis United States Magistrate Judge.
matter is before the Court on Defendant Currie Tech
Corp.'s Motion to Extend Deadlines, Continue the Trial
Date, and Leave to Amend Answer. (Filing No. 71.)
The motion will be granted, in part.
Currie Tech Corp. (“Defendant”) requests that the
Court modify certain case progression deadlines and that the
trial, which is currently scheduled for January 14, 2019, be
continued for 90 days. Plaintiffs agree that certain
deadlines need to be adjusted, but oppose the lengthy
extension sought by Defendant.
considered the matter, the Court will modify the case
progression deadlines as follows:
1. All depositions shall be completed by October 15, 2018.
2. Motions for summary judgment shall be filed by November 1,
3. Daubert motions shall be filed by November 1,
4. All other motions in limine shall be filed by February 6,
5. Nonexpert witnesses shall be identified by January 16,
6. Trial exhibits shall be disclosed by January 16, 2019.
7. The Final Pretrial Conference with the
assigned magistrate judge is set for February 13,
2019, at 11:00 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.
8. An eight (8) day jury trial is set to
commence, at the Court's call, during the week of
March 11, 2019, in Omaha,
Nebraska, before the Honorable Robert F. Rossiter,
Jr., United States District Court. Unless otherwise
ordered, jury selection shall be at the commencement of
further requests that it be granted leave to amend its Answer
to include additional affirmative defenses. Under Federal
Rule of Civil Procedure 15, the Court should “freely
give leave” to amend a pleading “when justice so
requires.” Fed. R. Civ. P. 15. Nevertheless, a
party does not have an absolute right to amend and
“denial of leave to amend may be justified by undue
delay, bad faith on the part of the moving party, futility of
the amendment or unfair prejudice to the opposing
party.” Amrine v. Brooks,522 F.3d 823, 833
(8th Cir. 2008) (quotation and citation omitted).