Prochaska v. Kaplan Higher Education Corporation

Filing 39

ORDER granting 28 Motion to Compel and 38 Joint Motion to Continue. Jury Trial set for 10/29/2013 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard.Pretrial Conference set for 10/8/2013 at 01:00 PM before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MISTY L. PROCHASKA,
Plaintiff,

4:12CV3104

vs.
MEMORANDUM AND ORDER
KAPLAN HIGHER EDUCATION
CORPORATION,
Defendant.
IT IS ORDERED:
A. The plaintiff’s motion to compel, (Filing No. 28), is granted as follows:
1)

On or before March 7, 2013, the defendant shall produce the requested
email documents in its possession for the time period beginning on January
1, 2008 through April 1, 2011.

2)

The attorneys fees and costs Plaintiff incurred in filing her motion to
compel are neither requested nor awarded.

B. The parties’ oral motion to extend the progression schedule, (Filing No. 38), is
granted, and the final progression schedule is amended as follows:
1)

The jury trial of this case is set to commence before John M. Gerrard,
United States District Judge, in Courtroom 1, United States Courthouse,
Lincoln, Nebraska at 9:00 a.m. on October 29, 2013, or as soon thereafter
as the case may be called, for a duration of four (4) trial days. This case is
subject to the prior trial of criminal cases and such other civil cases as may
be scheduled for trial before this one.

2)

The Pretrial Conference is scheduled to be held before the undersigned
magistrate judge on October 8, 2013 at 1:00 p.m., and will be conducted
by WebEx conferencing. To facilitate this conferencing method, the
parties’ proposed Pretrial Conference Order and Exhibit List(s) must be
emailed to [e-mail], in either Word Perfect or Word
format, by 5:00 p.m. on October 7, 2013. An email will be sent to counsel
of record with the instructions and codes for participating in the pretrial
conference by WebEx.

3)

The deadline for completing written discovery under Rules 33 through 36
of the Federal Rules of Civil Procedure is July 1, 2013. Motions to compel
Rule 33 through 36 discovery must be filed by June 17, 2013.

4)

The deadlines for complete expert disclosures, (both retained experts, (Fed.
R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P.
26(a)(2)(C)), are:
For the plaintiff(s):
For the defendant(s):

May 1, 2013
June 3, 2013

5)

The deposition deadline is July 1, 2013.

6)

The deadline for filing motions to dismiss and motions for summary
judgment is July 1, 2013.

7)

The deadline for filing motions to exclude testimony on Daubert and
related grounds is July 1, 2013.

8)

Motions in limine shall be filed five business days prior to trial. It is not
the normal practice to hold hearings on motions in limine or to rule on them
in advance. Counsel should plan accordingly.

February 5, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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