United States District Court, D. Nebraska
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
M. BAZIS UNITED STATES MAGISTRATE JUDGE.
matter is before the Court on the parties' Joint Motion
to Extend Progression Order. (Filing No. 75) This
motion is granted. Accordingly, IT IS
ORDERED that the provisions of the Court's
earlier final progression order, (Filing No. 54),
remain in effect, and in addition to those provisions, the
following shall apply:
Motion to Dismiss and Motions for Summary
Judgment. Motions to dismiss and/or for summary
judgment shall be filed not later than February 28,
2019. See NECivR 56.1 and NECivR 7.1.
Deposition Deadline. All depositions,
whether or not they are intended to be used at trial, shall
be completed by February 28, 2019.
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 July 25,
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 July 25,
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.
a. Motions in limine challenging the admissibility of expert
testimony at trial under Fed.R.Evid. 702, see Kumho Tire
Co., Ltd. v. Carmichael, 526 U.S. 137 (1999), and
Daubert v. Merrell-Dow Pharmaceuticals, 509 U.S. 579
(1993), shall be filed by February 28, 2019,
and accompanied by a request for a hearing if necessary.
Failure to timely move for a hearing may constitute waiver of
the request for a hearing.
b. Any other motions in limine shall be filed on or before
July 24, 2019.
Final Pretrial Conference with the assigned
magistrate judge is set for July 31, 2019, at 10:00
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.