United States District Court, D. Nebraska
RYSTA LEONA SUSMAN, Both Individually and as Legal Guardian of Shane Allen Loveland; and JACOB SUMMERS, Plaintiffs,
THE GOODYEAR TIRE & RUBBER COMPANY, Defendant.
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
M. BAZIS, UNITED STATES MAGISTRATE JUDGE
telephone conference was held in this matter on November 1,
2019 to discuss the Defendant's Motion to Continue Trial
Date, Motion for Special Setting, and Motion for Modification
of Progression Order. (Filing No. 145.) The motion
is granted in part, as follows:
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:
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 28,
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 28,
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 August 12, 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 4, 2020. Any responses to motions
in limine shall be filed on or before February 11,
telephonic conference to discuss the status of case
progression and the parties' interest in settlement will
be held with the undersigned magistrate judge on
January 21, 2020 at 11:00
a.m. Counsel shall use the conferencing instructions
assigned to this case to participate in the conference.
Final Pretrial Conference with the assigned
magistrate judge is set for February 18, 2020, 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. (If counsel wishes to appear
in person, counsel must contact chambers requesting
permission to do so. Before contacting chambers to request
such relief, counsel shall confer regarding the issue.) The
parties' proposed Pretrial Conference Order and Exhibit
List(s) must be emailed to firstname.lastname@example.org,
in Word format, by 12:00 p.m. on February 13,