Martinez et al v. City of Fremont et al

Filing 123

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting (116) Motion to Amend in case 8:10-cv-00270-LSC-FG3; granting (121) Motion to Extend in case 4:10-cv-03140-LSC-FG3. Deadlines extended as requested. Expert deposition deadline s et for 12/9/2011. The 3/8/2012 final pretrial conference with Magistrate Judge Gossett, and the 4/10/2012 non-jury trial before Judge Laurie Smith Camp, remain unchanged. Member Cases: 8:10-cv-00270-LSC -FG3, 4:10-cv-03140-LSC -FG3Ordered by Magistrate Judge F.A. Gossett. (ARL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
FRED H. KELLER, JR., JUAN
ARMENTA, JUAN DOE, JUANA DOE
and JUANA DOE #2,
Plaintiffs,
vs.
CITY OF FREMONT,
Defendant.

MARIO MARTINEZ, JR., PAULA
MERCADO, MARTIN MERCADO,
JANE DOE, MARIA ROE, STEVEN
DAHL, ACLU NEBRASKA
FOUNDATION, and UNITED FOOD
AND COMMERCIAL WORKERS
UNION, LOCAL 22,
Plaintiffs,
vs.
CITY OF FREMONT; DEAN F.
SKOKAN, JR., in his official capacity
as Fremont City Attorney; and
TIMOTHY MULLEN, in his official
capacity as Fremont Chief of Police,

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8:10cv270-LSC-FG3

AMENDED ORDER SETTING
FINAL SCHEDULE FOR
PROGRESSION OF CASE

4:10cv3140-LSC-FG3

AMENDED ORDER SETTING
FINAL SCHEDULE FOR
PROGRESSION OF CASE

Defendants.

These cases are before the court on the Martinez and Keller Plaintiffs' Unopposed
Motion to Amend Progression Order (#116).

IT IS ORDERED that the provisions of the court's earlier, initial progression order
remain in effect, and in addition to those provisions, the motion's requested extensions will
be granted:
1. Motions for Summary Judgment. Motions for summary judgment shall be
filed not later than December 19, 2011. See NECivR 56.1 and 7.0.1.
2.

Discovery Deadlines:

a. Deposition Deadline. With respect to expert witnesses, all depositions,
whether or not they are intended to be used at trial, shall be completed by
December 9, 2011.
b. Discovery Deadline. All interrogatories, requests for admission and
requests for production or inspection, whether or not they are intended to be used
at trial, shall be served sufficiently early to allow rule time response before the
deposition deadline. Counsel may stipulate to extensions of time to respond to
discovery requests in accordance with Fed. R. Civ. P. 29, but such extensions shall
not extend any of the dates in this order; any request to extend the deadlines of
this order shall be sought by motion.
c. Discovery Motions. Discovery motions shall be filed not later than
September 1, 2011 as to matters which are then ripe for decision; discovery matters
arising after that date may be the subject of motions until the deposition deadline,
December 9, 2011. Counsel are reminded of the provisions of NECivR 7.0.1(i).
3. Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and
cross-claimant shall, as soon as practicable but not later than July 19, 2011, serve all
opposing parties with the statement required by Fed. R. Civ. P. 26(a)(2) regarding each
expert witness it expects to call to testify at trial pursuant to the provisions of Rule 702, 703
or 705, Fed. Rules of Evidence. Each defendant, counter-defendant, and cross-defendant
shall serve its statement of the expert witnesses it expects to call to testify pursuant to Rule

1

A treating physician must be identified pursuant to Fed. R. Civ. P. 26(a)(2)(A), but a treating
physician is not deemed to be "retained or specially employed to provide expert testimony in a
case" so as to require a written report under Fed. R. Civ. P. 26(a)(2)(B).
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702, 703 or 705, Fed. Rules of Evidence, pursuant to Fed. R. Civ. P. 26(a)(2) as soon
thereafter as practicable, but not later than. If necessary to refute the disclosed opinions
of an expert witness of an opponent, a plaintiff, counter-claimant, or cross-claimant may
disclose additional expert witnesses not later than, provided that the disclosing party then
provides all of the information described in Fed. R. Civ. P. Rule 26(a)(2) and makes the
expert witness available for deposition prior to the date set for completion of depositions.
Supplementation of these disclosures, if originally made prior to these deadlines, shall be
made on these deadlines as to any information for which supplementation is addressed in
Fed. R. Civ. P. 26(e). The testimony of the expert at trial shall be limited to the information
disclosed in accordance with this paragraph.
4. 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 December 9, 2011: The name,
address and telephone number2 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 December 9, 2011: 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
2

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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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.
5.

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 January 6, 2012 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 February 1, 2012.

6. The Final Pretrial Conference with the undersigned magistrate judge is set for
March 8, 2012 at 9:30 A.M., in chambers, 111 South 18th Plaza, Suite 2210, 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 16.2.3 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.
7. A Non-Jury trial is set to commence, at the court's call, during the week of
April 10, 2012, in Omaha, Nebraska, before the Honorable Laurie Smith Camp, United
States District Judge.

3

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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8. 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 October 31, 2011.
BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge

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