Phelps-Roper v. Heineman et al

Filing 226

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting 224 Motion to Extend and granting 225 Motion to Continue. Defendants shall respond to plaintiff's motion for summary judgment on or before 6/4/2014. Plaintiff's r eply deadline is 6/25/2014. The Pretrial Conference is rescheduled to 10/17/2014 at 10:00 AM in Chambers before Magistrate Judge F.A. Gossett. The Non-Jury Trial is set for 11/18/2014 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ARL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SHIRLEY L. PHELPS-ROPER,
Plaintiff,
vs.
DAVE HEINEMAN, In His Capacity as
Governor of the State of Nebraska;
JON BRUNING, In His Capacity as
Attorney General of the State of
Nebraska; DONALD KLEINE, In His
Capacity as Douglas County
Attorney; ALEX HAYES, In His
Capacity as Chief of the Omaha
Police Department; and JOHN/JANE
DOE(S), In Their Official Capacities,
Defendants.

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Case No. 4:09cv3268

AMENDED ORDER SETTING FINAL
SCHEDULE FOR PROGRESSION
OF CASE

This case is before the Court on the Joint Motion for Enlargement of Time (#224)
and the Motion for Continuance of Trial (#225).
IT IS ORDERED, for good cause both motions are granted and the following shall
apply:
1. The defendants shall file their response to the Plaintiff's Motion for Summary
Judgment on or before June 4, 2014. Plaintiff's reply shall be due on or before June 25,
2014. Motions for summary judgment shall be filed not later than May 23, 2014. See
NECivR 56.1 and 7.0.1.
2. 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 September 26, 2014: The name,
address and telephone number1 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 for this case.
Motions to require such designations may be filed not later than fifteen (15) days prior to
the deposition deadline.
c. Trial Exhibits - On or before September 26, 2014: 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.
3. 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 18,
2014 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 October 10, 2014.
4. The Final Pretrial Conference with the undersigned magistrate judge is set for
October 17, 2014, at 10:00 A.M., in chambers, 111 South 18th Plaza, Suite 2210,
1

In accordance with the E-Government Act, counsel shall, on witness lists, exhibits, and other
disclosures and/or documents filed with the court, redact Social Security numbers, home
addresses, telephone numbers, and other personally identifying information of witnesses, but shall
serve an unredacted version on opposing parties. See NECivR 5.0.3.
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Roman L. Hruska United States Courthouse, Omaha, Nebraska. The final pretrial
conference shall be attended by lead counsel for represented parties. Counsel shall
complete prior to the pretrial conference, all items as directed in NECivR 16.2.2 By the time
of the pretrial conference, full preparation for trial shall have been made so that trial may
begin immediately thereafter. The pretrial conference will include a discussion of
settlement, and counsel shall be prepared through investigation, discovery and
communication with clients and insurers, if any, to discuss fully the subject of settlement,
including realistic expectations about liability, obstacles to agreement, offers made, and
offers which can be made at the conference. Counsel shall be prepared to make additional
offers or proposals for settlement in behalf of their clients at the pretrial conference, and
counsel shall be prepared to make or opine on recommendations for further negotiations
and conferences.
5. Mediation and Settlement:
a. If the parties intend to mediate their dispute, notice of the mediation shall be
given to the staff of the magistrate judge's office. The filing of a mediation reference order
will terminate pending motions, without prejudice to refiling. If the mediation is not
successful, the moving party may reinstate such a motion by filing a written notice to that
effect, and the other parties may respond in accordance with the local rules, regarding the
date of the notice as reinstating the response/reply time that remained as of the date the
mediation reference order was filed.
b. Not later than two weeks prior to trial, plaintiff or plaintiff's counsel shall serve
on defendant or defendant's counsel a written, updated settlement proposal. Defendant
or defendant's counsel shall respond in writing to such proposal not later than one week
before trial.
c. Notice of settlement shall be given to the trial judge's office as soon as
practicable but in any event in time to avoid summoning a jury. If a case settles and notice
of settlement is not given in sufficient time to avoid summoning a jury, assessment of jury
costs may – and normally will – be made against a party and/or counsel for one or more

2

All personal information should be redacted from the public version of the order and/or
attachments filed with the Clerk. See NECivR 5.0.3.
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of the parties. For purposes of this paragraph, a jury is considered summoned for a trial
at noon the business day prior to the designated date of trial
6. A Non-jury trial is set to commence, at the court's call, during the week of
November 18, 2014, in Omaha, Nebraska, before the Honorable Laurie Smith Camp,
Chief United States District Judge.
7. Motions to Alter Dates. All requests for changes of deadlines or settings
established herein shall be directed to the magistrate judge by appropriate motion,
including all requests for changes of trial dates. Such motions shall not be considered in
the absence of a showing by counsel of due diligence in the timely development of this
case for trial and the recent development of circumstances, unanticipated prior to the filing
of the motion, which require that additional time be allowed.
DATED: May 12, 2014.
BY THE COURT:

s/ F.A. Gossett, III
United States Magistrate Judge

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