United States District Court, D. Nebraska
KATHRYNN PALS, as personal representative of the Estate of Jamison B. Pals and personal representative of the Estate of Ezra A. Pals; and GORDON ENGEL, as personal representative of the Estate of Kathryne L. Pals, personal representative of the Estate of Violet J. Pals, and personal representative of the Estate of Calvin B. Pals; Plaintiffs,
TONY WEEKLY JR., BOHREN LOGISTICS, INC., INTERSTATE HIGHWAY CONSTRUCTION, INC., and D.P. SAWYER, INC., Defendants. JUAN PAUBLO VELEZ, MARTINIANA VELEZ, and PAOLA VELEZ, Plaintiffs,
BOHREN LOGISTICS, INC., TONY WEEKLY JR., INTERSTATE HIGHWAY CONSTRUCTION INC, and D.P. SAWYER INC, Defendants.
THIRD AMENDED FINAL PROGRESSION ORDER
M. BAZIS UNITED STATES MAGISTRATE JUDGE.
matter is before the Court on the Defendants' Motions to
Alter Trial Date (No. 17cv27, Filing No. 270;
No. 17cv175, Filing No. 195) and Defendant D.P.
Sawyer's Joinder in the motion (No. 17cv27, Filing
No. 275; No. 17cv175, Filing No. 200).
Plaintiffs oppose the motions.
light of the current status of this litigation,
Defendants' motions are granted. The Court finds good
cause to amend the scheduling order in this litigation.
Plaintiffs have filed a motion for dispositive sanctions
which remains pending before the Court. This motion will not
be ripe for ruling until May 10, 2019. After the resolution
of this motion, other previously-filed motions will be
reasserted. Given the pending motion and the potential for
additional, extensive motion practice, there simply is not
enough time for the Court to rule on these motions and keep
the August 20, 2019 trial date.
trial of this matter is scheduled for fourteen days. A trial
of this length complicates the Court's calendar.
Therefore, the provisions of the Court's earlier Final
Progression Orders will remain in effect, and in addition to
those provisions, progression of these consolidated actions
is as follows:
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 December 31,
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 December 31,
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 those challenging admissibility
of expert testimony shall be filed on or before
January 21, 2020.
Final Pretrial Conference with the assigned
magistrate judge is set for January 28, 2020, 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. If any of the parties
would prefer to appear via Internet/Teleconferencing for the
pretrial conference, please email chambers at
firstname.lastname@example.org, copying all parties. A
separate order will be entered with Internet/Teleconferencing
instructions. 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 ...