United States District Court, D. Nebraska
SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR
PROGRESSION OF CASE
M. Bazis United States Magistrate Judge
matter is before the Court on the Joint Motion for New Trial
Date (Filing No. 28). This Motion is granted,
IS ORDERED that the provisions of the Court's
earlier final progression order remain in effect, and in
addition to those provisions, the following shall apply:
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 February 4,
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 February 4,
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 April 16, 2018,
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 19, 2019.
The Final Pretrial Conference with the
assigned magistrate judge is set for February 25,
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.