Kaufman v. CVS Pharmacy et al

Filing 65

ORDER granting 63 Motion to Continue. Jury Trial set for 12/20/2010 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Pretrial Conference set for 12/2/2010 at 11:00 AM before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA SHARON KAUFMAN, Plaintiff, V. CVS PHARMACY, Inc., and DAVACO, Inc., Defendants. ) ) ) ) ) ) ) ) ) ) 4:09CV3087 AMENDED PROGRESSION ORDER A telephonic hearing was held today on the Motion to Continue filed by defendant Garfield Beach CVS, LLC and/or CVS Pharmacy, Inc. Filing No. 63. As explained during the hearing, based on the allegations of plaintiff's initial complaint, Davaco defended this case on behalf of itself, and on behalf of defendant CVS pursuant to the terms of its indemnification contract with CVS. The plaintiff filed an amended complaint on May 6, 2010, and the new allegations raised a potential conflict of interest among the defendants. Accordingly, CVS is now represented by separate counsel and requests a six-month continuance of the progression schedule to prepare a defense for CVS. The plaintiff objects to continuing the progression schedule. The court finds CVS' motion to continue should be granted, but not to the extent it requests. A c c o rd in g ly, IT IS ORDERED: 1) 2) T h e motion to continue, (filing no. 63), is granted. T h e Final Progression Order (filing no. 23) is amended as follows: a. A jury trial is set to commence before Judge Richard G. Kopf on D e c em b e r 20, 2010. No more than four days are allocated to the trial o f this case and counsel shall plan accordingly. This case is subject to th e prior trial of criminal cases and such other civil cases as may be s c h e d u le d for trial before this one. b. T h e pretrial conference will be held before the undersigned magistrate ju d g e on December 2, 2010 at 11:00 a.m. One-half hour is allocated to th is conference. Counsel shall email a draft pretrial conference order to zwart@ned.uscourts.gov, in either MS Word or WordPerfect format, b y 5:00 p.m. on December 1, 2010, and the draft order shall conform to the requirements of the local rules. T h e defendants' responses to plaintiff's amended complaint shall be f ile d on or before June 4, 2010. T h e deadlines for disclosure of experts and, unless otherwise agreed, th e deadlines for the provision of expert reports is: B y the plaintiff: B y the defendants: P la in tif f 's rebuttal expert(s): e. J u n e 17, 2010 J u ly 19, 2010 A u g u s t 3, 2010 c. d. T h e discovery and deposition deadline is August 18, 2010. Motions to co m p el discovery must be filed at least 15 days prior to the discovery a n d deposition deadline. T h e deadline for filing motions to dismiss, motions for summary ju d g m e n t or motions to exclude expert testimony on Daubert and re la te d grounds is September 1, 2010. M o ti o n s in limine shall be filed five business days prior to trial. It is n o t the normal practice to hold hearings on motions in limine or to rule o n them in advance. Counsel should plan accordingly. T h e parties shall comply with all other stipulations and agreements re c ited in their Rule 26(f) planning report that are not inconsistent with th is order. f. g. h. DATED this 25th day of May, 2010. BY THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge -2-

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