United States District Court, D. Nebraska
ALTHEA L. WATKINS, Plaintiff,
WAL-MART STORES, INC., Defendant.
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
Michael D. Nelson, United States Magistrate Judge.
matter comes before the Court on the Joint Motion to Extend
Remaining Deadlines in Scheduling Order (Filing No.
19). Upon review of the motion, the Court finds good
cause to extend case progression deadlines. Accordingly,
IT IS ORDERED that the Joint Motion to
Extend Remaining Deadlines in Scheduling Order (Filing
No. 19) is granted, and the case progression deadlines
are extended as follows:
Motions to Dismiss and Motions for Summary
Judgment. Motions to Dismiss and/or Motions for
summary judgment shall be filed not later than March
29, 2019. See NECivR 56.1 and
Discovery Deadlines: Deposition Deadline.
All depositions, whether or not they are intended to be used
at trial, shall be completed by February 15,
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 January 27,
2020: 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 January 27,
2020: 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 March 29,
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
February 3, 2020.
Final Pretrial Conference with the
undersigned magistrate judge is set for February 10,
2020, at 11:00 a.m., in my chambers, 111 South 18th
Plaza, Suite 2210, Roman L. Hruska United States Courthouse,
Omaha, Nebraska. The final pretrial conference shall be
attended by lead counsel for represented parties. Prior to
the pretrial conference, counsel shall complete 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.