United States District Court, D. Nebraska
M. Gerrard Chief United States District Judge
trial of this case previously scheduled for next week
presents several scheduling conflicts for the Court. Upon
consultation with the parties, including discussion of
whether the case should be reassigned to another district
judge for trial next week, the parties have agreed that
continuance to February 10, 2020 is an appropriate course of
action. Accordingly, IT IS ORDERED:
jury trial of the above-captioned criminal case before the
undersigned judge is continued until 9:15
a.m. on Monday, February 10, 2020,
or as soon thereafter as the case may be called, in Courtroom
1, Robert V. Denney Federal Building and U.S. Courthouse, 100
Centennial Mall North, Lincoln, Nebraska, for a duration of 3
trial days. This case shall be the first listed on the
Court's trial docket for that week.
ends of justice served by continuance of this trial outweigh
the interest of the public and the defendant in a speedy
trial, due to the need to accommodate the parties and
witnesses by establishing a date certain for trial of this
case, and the time between today's date and February 10,
2020 shall be deemed excludable time in any computation of
time under the requirements of the Speedy Trial Act. Failure
to promptly object to this order will be deemed a waiver of
any right to later claim the time should not have been
excluded under the Speedy Trial Act.
pretrial conference is scheduled to be held before the
undersigned judge in chambers at 8:30 a.m.
on Monday, February 10, 2020.
filing, briefing, and hearing of pretrial motions, including
ex parte motions and applications, shall be governed
by NECrimR 12.1 to 12.6. Motions shall be
filed on or before Wednesday, February 5,
2020. Counsel must immediately notify the Court of
any pretrial motion requiring an evidentiary hearing outside
the presence of the jury.
plaintiff shall file and serve on opposing counsel on or
before Thursday, February 6, 2020, as
appropriate, all proposed jury instructions, trial briefs,
suggested verdict forms, and witness lists. In particular,
the plaintiff's witness list shall include the full name
and address of each witness whom the party may call to
testify at trial.
defendant is also encouraged to provide the Court, on or
before Thursday, February 6, 2020, proposed
jury instructions and a trial brief. Any materials so
submitted shall not be disclosed to the plaintiff unless the
defendant specifies otherwise.
Exhibits must be listed before trial on exhibit forms
available from the Clerk's office or on the Court's
external web page at
http://www.ned.uscourts.gov/forms. The exhibits
should be numbered as provided by NECrimR 12.7.
courtroom deputy will take custody of the exhibits after they
are received by the Court.
Parties shall deliver to the undersigned's chambers, on
or before Thursday, February 6, 2020, trial
copies of all exhibits in a three-ring binder organized for
use by dividers or tabs. Exhibits provided by the defendant
shall not be disclosed to the plaintiff unless the defendant
a party will use a deposition at trial, the proponent must
supply the Court with a copy of the deposition. If less than
the whole deposition will be used, the copy must highlight
the portions to be introduced. The proponent must also supply
the Court with a list or index identifying by page and line
the portions to be introduced. If a party objects to the
introduction of deposition testimony, that party must supply
the Court with a list specifying the precise nature of each
objection and identifying its location by page and line.
9:15 a.m. on the first day of
trial, the Court will meet with counsel and clients,
on the record in the courtroom. This will be an opportunity
to dispose of any motions and last minute matters, ...