United States District Court, D. Nebraska
AMENDED FINAL PROGRESSION ORDER
M. Bazis, United States Magistrate Judge.
matter is before the Court following the ruling on the
Plaintiff's Motion for Partial Summary Judgment.
(Filing No. 41.) Having been ruled upon (Filing
No. 56), this case shall resume progression.
Accordingly, the following case progression deadlines are
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 March 21,
2019: 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 March 21,
2019: 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. Motions in limine
(non-Daubert motions) shall be filed on or before
April 11, 2019.
Final Pretrial Conference with the assigned
magistrate judge is set for April 18, 2019, at 10:00
a.m. It will be held via Internet/Teleconferencing.
A separate order will be entered with
Internet/Teleconferencing instructions. (If the parties would
prefer to appear in person for the pretrial conference,
please email chambers at email@example.com,
copying all parties. The in-person pretrial conference will
be held in my chambers, Suite 2271, Roman L. Hruska United
States Courthouse, 111 South 18th Plaza, 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.
Mediation and Settlement:
a. If the parties intend to mediate their dispute,
notice of the mediation shall be given to
the staff of the assigned magistrate judge's office. The
filing of a mediation reference order will terminate pending
motions, without prejudice to refiling. If the mediation is
not successful, the moving party may reinstate such a motion
by filing a written notice to that effect, and the other
parties may respond in accordance with the local rules,
regarding the date of the notice as reinstating the
response/reply time that remained as of the date the
mediation reference order was filed.
b. Not later than two weeks prior to trial,
plaintiff or plaintiff's counsel shall serve on Defendant
or Defendant's counsel a written, updated settlement
proposal. Defendant or Defendant's counsel shall respond
in writing to such proposal not later than one week before
c. Notice of settlement shall be given to
the trial judge's office as soon as practicable but in
any event in time to avoid summoning a jury. If a case
settles and notice of settlement is not given in sufficient
time to avoid summoning a jury, assessment of jury costs may
- and normally will - be made against a party and/or counsel
for one or more of the parties. For purposes of this
paragraph, a jury is considered summoned for a trial at noon
the business day prior to the designated date of trial.
A 2-day jury trial is set to commence, at
the Court's call, during the week of October 29,
2019, in Lincoln, Nebraska, before
the Honorable John M. Gerrard, United States
District Judge. Unless ...