Sires v. Heineman et al

Filing 17

FINAL PROGRESSION ORDER - No telephonic planning conference will be held to discuss the progression of this case to trial. On the contrary, a final progression order is now issued as set forth in the following paragraph: The Motion to Amend 45 in case 8:09-cv-00157 is granted. Jury Trial set for 3/7/2011 before Judge Richard G. Kopf. Pretrial Conference set for 2/17/2011 at 1:00 PM before Magistrate Judge Cheryl R. Zwart. Depositions due 11/1/2010. Member Cases: 8:09-cv-00157-RGK-CRZ, 4:10-cv-03020-RGK-CRZ, 4:10-cv-03021-RGK-CRZ. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)

UNITED STATES DISTRICT COURT D IS T R IC T OF NEBRASKA

J O A N O'MEARA, ET. AL., P L A IN T IF F S , V. D A V E HEINEMAN, ET. AL., DEFEN DANTS.

) ) ) ) ) ) ) ) )

CASE NO. 8:09CV157

FINAL PROGRESSION ORDER

C L A U D IE SIRES, PERSONAL R E P R E S E N T A T IV E OF THE CLAUDIA W R I G H T ESTATE, P L A IN T IF F S , V. D A V E HEINEMAN, ET. AL., DEFEN DANTS.

) ) ) ) ) ) ) ) ) ) )

CASE NO. 4:10CV3020

G A R R Y WHEELER, PERSONAL R E P R E S E N T A T IV E OF THE SARA S C H N E L L ESTATE, P L A IN T IF F S , V. D A V E HEINEMAN, ET. AL., DEFEN DANTS.

) ) ) ) ) ) ) ) ) ) )

CASE NO. 4:10CV3021

IT IS ORDERED that: 1) N o telephonic planning conference will be held to discuss the progression of th is case to trial. On the contrary, a final progression order is now issued as s e t forth in the following paragraph. T h e final progression order is as follows: a. T h e Motion to Amend Rule 26(f) Report, (8:09CV157, filing no. 45), is granted. A jury trial is set to commence on March 7, 2011. No more than ten d a ys are allocated to the trial of this case and counsel shall plan a c co rd in g ly. This case is subject to the prior trial of criminal cases and s u c h other civil cases as may be scheduled for trial before this one. T h e pretrial conference will be held before the undersigned magistrate ju d g e on February 17, 2011 at 1:00 p.m.. One- half hour is allocated to th is conference. Counsel shall email a draft pretrial conference order to [e-mail], in either MS Word or WordPerfect format, b y 5:00 p.m. on February 16, 2011, and the draft order shall conform to the requirements of the local rules. M a n d a to ry disclosures shall be served by: F o r the plaintiffs: M a y 1, 2010 F o r the defendants: M a y 15, 2010 T h e deadline for filing any motion for summary judgment on the basis o f qualified immunity is June 1, 2010. The deadline for disclosure of experts and, unless otherwise agreed, the d e a d lin e for the provision of expert reports is: F o r the plaintiff: F o r the defendants: g. S e p te m b e r 14, 2010. O c to b e r 14, 2010.

2)

b.

c.

d.

e.

f.

T h e discovery and deposition deadline is November 1, 2011. Motions to compel discovery must be filed at least 15 days prior to the discovery a n d deposition deadline.

2

h.

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 November 15, 2011. M o tio 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.

i.

j.

D a te d this 19th day of April, 2010. B Y THE COURT: s / Cheryl R. Zwart U n ite d States Magistrate Judge

3