Hruby v. Albertson's, Inc.

Filing 39

MEMORANDUM AND ORDER granting 37 Motion to Continue. A non-jury trial is set to commence on January 24, 2011 before the Honorable Warren K. Urbom. The pretrial conference will be held before the undersigned magistrate judge on January 6, 2011 at 1:00 p.m. The discovery and deposition deadline is August 27, 2010. Ordered by Magistrate Judge Cheryl R. Zwart. (JAE)

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA E L A IN E A. HRUBY, Plaintiff, v. A L B E R T S O N 'S , INC., a Delaware c o rp o ra tio n , Defendant/Third-Party Plaintiff, v. B R A D L E Y OPERATING LIMITED P A R T N E R S H IP and HERITAGE P R O P E R T Y INVESTMENT TRUST, IN C ., T h i rd - P a r ty Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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M E M O R A N D U M AND ORDER

T h e Third-Party Defendants, Bradley Operating Limited Partnership and Heritage P r o p e rty Investment Trust, Inc. moved to continue the progression schedule. Filing No. 37. A lth o u g h their motion states the plaintiff opposes the proposed continuance, no response was filed , and the deadline for filing a response has passed. The motion to continue is therefore d e e m e d unopposed. Based on the showing set forth in the third-party defendants' motion, th e requested continuance will be granted. Accordingly, IT IS ORDERED: 1) T h e motion to continue, (filing no. 37), is granted.

2)

T h e final progression order is amended as follows: a. A non-jury trial is set to commence on January 24, 2011 before the H o n o ra b le Warren K. Urbom. No more than four days are allocated to th e trial of this case and counsel shall plan accordingly. This case is s u b je c t to the prior trial of criminal cases and such other civil cases as m a y be scheduled for trial before this one. T h e pretrial conference will be held before the undersigned magistrate ju d g e on January 6, 2011 at 1:00 p.m. One-half hour is allocated to this c o n f e re n c e . Counsel shall email a draft pretrial conference order to z w a rt@ n e d .u sc o u rts.g o v , in either MS Word or WordPerfect format, b y 5:00 p.m. on January 5, 2011, and the draft order shall conform to th e requirements of the local rules. T h e Third-Party Defendants shall serve mandatory disclosures under R u le 26(a)(l) on or before May 15, 2010. A n y motions to amend the pleadings shall be filed on or before June 18, 2010. T h e deadlines for disclosure of experts and, unless otherwise agreed, th e deadlines for serving expert reports are: F o r the plaintiff: F o r the defendant & third-party defendants: A n y rebuttal experts: f. June 16, 2010 J u ly 30, 2010 A u g u s t 13, 2010

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T h e discovery and deposition deadline is August 27, 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 17, 2010. May 5, 2010. B Y THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge -2-

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