Lincoln National Life Insurance Company v. Onsager et al

Filing 26

ORDER Setting Hearing: Show Cause Hearing set for 3/4/2015 03:00 PM in 111 7th Avenue SE Courtroom 1, 2nd Floor before Chief Judge Linda R Reade. Counsel for Wittine, Cory R. Thein, is directed to appear personally to show cause for his failure to comply with the court's 17 Trial Management Order (see text of Order). Signed by Chief Judge Linda R Reade on 3/2/2015. (skm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
EASTERN DIVISION

LINCOLN NATIONAL LIFE
INSURANCE COMPANY,
Plaintiff,
vs.

No. 13-CV-1030-LRR
ORDER TO SHOW CAUSE

JAMES E. ONSAGER and
ALFRED J. WITTINE,
Defendants.
--------------------------------------------------JAMES E. ONSAGER,
Cross claimant,
vs.
ALFRED J. WITTINE,
Cross defendant.
--------------------------------------------------JAMES E. ONSAGER,
Counter claimant,
vs.
LINCOLN NATIONAL LIFE
INSURANCE COMPANY,
Counter defendant.
---------------------------------------------------

ALFRED J. WITTINE,
Cross claimant,
vs.
JAMES E. ONSAGER,
Cross defendant,
--------------------------------------------------ALFRED J. WITTINE,
Counter claimant,
vs.
LINCOLN NATIONAL LIFE
INSURANCE COMPANY,
Counter defendant.
____________________
The matter before the court is Alfred J. Wittine’s noncompliance with the court’s
Trial Management Order (docket no. 17). The Trial Management order directs the parties
to jointly prepare a proposed Final Pretrial Order and submit it to the court by email at
least 5 calendar days before the Final Pretrial Conference (“FPTC”). Trial Management
Order at 3-4. The FPTC is set for Wednesday, March 4, 2015 at 3:00 p.m. On February
25, 2015, counsel for James E. Onsager emailed the proposed Final Pretrial Order to the
court, but stated that counsel for Wittine did not participate in the preparation of the
proposed Final Pretrial Order. Additionally, the Trial Management Order states that
“[e]xhibit lists must be attached to, and witness lists must be included as part of, the
proposed Final Pretrial Order.” Id. at 4. The proposed Final Pretrial Order does not
contain the witness list or exhibit list for Wittine. Accordingly, the court shall hold a show
cause hearing on March 4, 2015 at 3:00 p.m. before the undersigned in Courtroom 1,

2

United States Courthouse, 111 Seventh Avenue SE, Cedar Rapids, Iowa. Counsel for
Wittine, Cory R. Thein, is directed to appear personally to show cause for his failure to
comply with the court’s Trial Management Order.
IT IS SO ORDERED.
DATED this 2nd day of March, 2015.

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