United States District Court, D. Nebraska
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
M. Bazis, United States Magistrate Judge.
telephone conference was held in this matter on January 16,
2019. Pursuant to Fed.R.Civ.P. 16 concerning matters of
importance in scheduling this case, and in accordance with
the matters discussed at the Conference, IT 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:
Motion to Dismiss and Motions for Summary
Judgment. Motions to dismiss and/or for summary
judgment shall be filed not later than April 18,
2019. See NECivR 56.1 and NECivR
a. Deposition Deadline. All depositions,
whether or not they are intended to be used at trial, shall
be completed by March 15, 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 15,
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 15,
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, other than Daubert, shall be
filed on or before August 5, 2019.
Final Pretrial Conference with the assigned
magistrate judge is set for August 12, 2019, at 10:00
a.m. and will be conducted by internet/telephonic
conferencing. Counsel shall use the conferencing instructions
assigned to this case to participate in the conference.
(Filing No. 18.) The parties' proposed Pretrial
Conference Order and Exhibit List(s) must be emailed to
email@example.com, in Word format, by
3:00 p.m. on August 7, 2019.
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 ...