Stensvad v. Mid-Plains Community College Area

Filing 40

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting 39 the Joint Motion to Amend. The final pretrial conference is set for 1/19/2012 at 9:30 A.M., in chambers, before Magistrate Judge F.A. Gossett. The Non-Jury trial before Judge Laurie Smith Camp is set for the week of 2/14/2012. Ordered by Magistrate Judge F.A. Gossett. (ARL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CAROL A. STENSVAD,
Plaintiff,
vs.
MID-PLAINS COMMUNITY COLLEGE
AREA, a Political Subdivision of the
State of Nebraska,
Defendant.

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4:10cv3215

AMENDED ORDER SETTING
FINAL SCHEDULE FOR
PROGRESSION OF CASE

This case is before the court on the Joint Motion to Amend Progression Order (#39),
requesting an extension of 60 days on unexpired deadlines, to allow time to participate in
mediation.
IT IS ORDERED that the Motion (#39) is granted and the following deadlines will
apply:
1.

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 January 5, 2012: 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

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.

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 January 5, 2012: 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.
2.

Motions in Limine. Any motions in limine (non-expert) shall be filed on or

before January 9, 2012.
3.

The Final Pretrial Conference with the undersigned magistrate judge is set

for January 19, 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 16.2.2 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

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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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.
4.

A Non-Jury trial is set to commence, at the court's call, during the week of

February 14, 2012, in Omaha, Nebraska, before the Honorable Laurie Smith Camp,
United States District Judge.
5.

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 25, 2011.
BY THE COURT:

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

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