United States District Court, D. Nebraska
JAY CUNNINGHAM, Personal Representative of the Estate of Michael Galindo, Deceased; Plaintiff,
BRAD HANSEN, in his official and individual capacities; SCOTT FRAKES, in his official and individual capacities; STATE OF NEBRASKA, and DOES 1 - 10, in their official and individual capacities; Defendants.
ORDER SETTING SCHEDULE FOR PROGRESSION OF
MICHAEL D. NELSON, UNITED STATES MAGISTRATE JUDGE
Telephone Conference was held in this matter on September 21,
2018, with counsel for the parties. In accordance with the
matters discussed at the Conference, and after review of the
Rule 26(f) Report (Filing No. 25), IT IS
Authorization and Sequence of Discovery.
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.
in Fed.R.Civ.P. 26(a)(1) shall be served by November 1, 2018.
filing of disclosures
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.
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.
Limits on Discovery.
party is limited to serving twenty-five (25) interrogatories
on any other party. The plaintiffs as a group, and the
defendants as a group, are each limited to taking ten (10)
depositions in this case, without leave of court.
Adding Parties; Amending Pleadings.
motion to amend pleadings and/or add parties shall be filed
by the Plaintiff not later than February 15, 2019, and by the