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Swigart v. United States

United States District Court, D. Nebraska

July 16, 2019

MEGAN SWIGART, individually and on behalf of PEARL SWIGART and PYPER SWIGART, minor children; and JOSHUA SWIGART, Plaintiffs,
v.
UNITED STATES OF AMERICA, and DERRICK VAUGHN, Defendants.

          SECOND AMENDED FINAL PROGRESSION ORDER

          Michael D. Nelson United States Magistrate Judge

         This matter comes before the Court on the Second Joint Motion to Extend Case Progression Deadlines (Filing No. 34). After review of the parties' motion, the Court finds good cause to grant their requested extensions. Accordingly, IT IS ORDERED:

         1) The jury trial of this case is set to commence before Robert F. Rossiter, Jr., United States District Judge, in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on June 8, 2020, or as soon thereafter as the case may be called, for a duration of five (5) trial days. This case is subject to the prior trial of criminal cases and other civil cases that may be scheduled for trial before this one. Jury selection will be held at the commencement of trial.

         2) The Pretrial Conference is scheduled before the undersigned magistrate judge on May 29, 2020, at 1:00 p.m., and will be conducted in chambers. The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to nelson@ned.uscourts.gov in Word format, by 3:00 p.m. on May 22, 2020.

         3) On or before May 22, 2020, the parties shall file and email to rossiter@ned.uscourts.gov Word versions of the following: (1) a joint set of proposed instructions that all parties agree may be given to the jury; (2) a joint proposed verdict form; and (3) if necessary, a set of proposed set of jury instructions from each party addressing any issues about which the parties were unable to agree.

         4) The deadline for completing written discovery under Rules 33, 34, and 36 of the Federal Rules of Civil Procedure is December 27, 2019. Motions to compel discovery under Rules 33, 34, and 36 must be filed by January 10, 2020.

         Note: A motion to compel, to quash, or for a disputed protective order shall not be filed without first contacting the chambers of the undersigned magistrate judge to set a conference to discuss the parties' dispute.

         5) The deadlines to identify expert witnesses expected to testify at the trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:

For the plaintiffs: September 6, 2019
For the defendants: November 8, 2019

         6) The deadlines to complete expert disclosures[1] for all experts expected to testify at trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:

For the plaintiffs: September 6, 2019

For the defendants: November 8, 2019

Plaintiff's rebuttal: December 6, 2019

         7) The deposition deadline is January 28, 2020.

         8) The deadline for filing motions to dismiss and motions for summary ...


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