Malone et al v. Kantner Ingredients, Inc. et al

Filing 251

MEMORANDUM AND ORDER - After hearing held today:1) Plaintiffs' motion for leave, (Filing No. 241 ), is granted, and the evidence attached to that motion was considered by the court in ruling on Plaintiffs' motion for sanctions.2) P laintiffs' motion for sanctions, (Filing No. 199 ), is denied, but without prejudice to reasserting before Judge Gerrard, either following or with the plaintiffs' anticipated motion for summary judgment on the issue of standing.3) Plai ntiffs' motion to compel, (Filing No. 219 ), is denied.4) Defendants' oral motion to withdraw is granted, and defendants' motion to strike the plaintiffs' damage disclosure, (Filing No. 228), is withdrawn.5) Plaintiffs� 39; objection, (Filing No. 240 ), is denied; Defendants' motion for leave to submit a surreply, (Filing No. 239 ), is granted; and the brief and evidence submitted with Filing No. 239 will be reviewed by the court on Plaintiffs' motion to show cause.6) An evidentiary hearing on Plaintiffs' motion to show cause, (Filing No. 222 ), will be held at 9:00 a.m. on March 20, 2015 before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Bu ilding, 100 Centennial Mall North, Lincoln, Nebraska.7) As to the Plaintiffs' and the Defendants' motions to modify the scheduling order, (Filing No. 242 and Filing No. 225 , respectively), the court amends the final progression orde r as follows:- Depositions due 4/30/2015.- 5-day Non-Jury Trial set for 9/14/2015 at 09:00 AM before Judge John M. Gerrard. - Pretrial Conference set for 9/1/2015 at 2:00 PM by WebEx Conference before Magistrate Judge Cheryl R. Zwart. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by WebEx. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
THERESA MALONE, et. al;
Plaintiffs,

4:12CV3190

vs.
MEMORANDUM AND ORDER
KANTNER INGREDIENTS, INC., et. al;
Defendants.
A hearing was held today on the record on the following motions:
-Plaintiffs’ Motion for Sanctions, (Filing No. 199), along with Plaintiffs’
Motion for Leave to File an Amended Index of Evidence in Support of Motion for
Sanctions, (Filing No. 241).
--

Plaintiffs’ Motion to Compel, (Filing No. 219).

-Plaintiffs’ Motion to Intervene and Issue Order to Show Cause and for
Expedited Hearing, (Filing No. 222), along with Defendants’ Motion for Leave to
File a Surreply Brief in Opposition to Plaintiffs’ Motion to Intervene (Filing No.
239), and Plaintiffs’ Objection for Defendants Motion for Leave to File a Surreply
Brief, (Filing No. 240).
-Defendants’ Motion to Strike Disclosure or Require
Supplementation of Plaintiffs’ Damage Disclosure, (Filing No. 228).

Immediate

-Plaintiffs’ Motion for Modification of Scheduling Order, (Filing No. 242),
Defendants’ Motion to Modify Progression Schedule to Provide for Staggered
Witness Disclosures, (Filing No. 225).
For the reasons stated on the record,

IT IS ORDERED:

1)

Plaintiffs’ motion for leave, (Filing No. 241), is granted, and the evidence
attached to that motion was considered by the court in ruling on Plaintiffs’
motion for sanctions.

2)

Plaintiffs’ motion for sanctions, (Filing No. 199), is denied, but without
prejudice to reasserting before Judge Gerrard, either following or with the
plaintiffs’ anticipated motion for summary judgment on the issue of
standing.

3)

Plaintiffs’ motion to compel, (Filing No. 219), is denied.

4)

Defendants’ oral motion to withdraw is granted, and defendants’ motion to
strike the plaintiffs’ damage disclosure, (Filing No. 228), is withdrawn.

5)

Plaintiffs’ objection, (Filing No. 240), is denied; Defendants’ motion for
leave to submit a surreply, (Filing No. 239), is granted; and the brief and
evidence submitted with Filing No. 239 will be reviewed by the court on
Plaintiffs’ motion to show cause.

6)

An evidentiary hearing on Plaintiffs’ motion to show cause, (Filing No.
222), will be held at 9:00 a.m. on March 20, 2015 before the undersigned
magistrate judge in Courtroom 2, United States Courthouse and Federal
Building, 100 Centennial Mall North, Lincoln, Nebraska.

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7)

As to the Plaintiffs’ and the Defendants’ motions to modify the scheduling
order, (Filing No. 242 and Filing No. 225, respectively), the court amends
the final progression order as follows:
a.

The non-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 September 14, 2015,
or as soon thereafter as the case may be called, for a duration of five
(5) 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.

b.

The Pretrial Conference is scheduled to be held before the
undersigned magistrate judge on September 1, 2015 at 2:00 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 August 28, 2015. An email will be sent to counsel of
record with the instructions and codes for participating in the pretrial
conference by WebEx.

c.

The plaintiffs’ expert witness disclosure deadline is unchanged, and
the plaintiffs are not granted leave to serve a supplemental expert
witness disclosure absent the showing required under Sherman v.
Winco Fireworks, Inc., 532 F.3d 709 (8th Cir. 2008).

d.

The defendants’ deadline for complete expert disclosures for all
experts expected to testify at trial, (both retained experts, (Fed. R.
Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P.
26(a)(2)(C)), is March 11, 2015.

e.

The deposition deadline is April 30, 2015.

f.

The deadline for filing motions to dismiss and motions for summary
judgment as to the issue of Plaintiffs’ standing to pursue this case is
April 30, 2015. As to all other issues, the deadline for filing motions

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to dismiss and motions for summary judgment is May 29, 2015.1
g.

The deadline for filing motions to exclude testimony on Daubert and
related grounds is May 29, 2015.

February 23, 2015.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

1

To facilitate the court’s review, the parties are strongly encouraged to include hyperlinks to the
evidence, CM/ECF record, and all legal authorities cited within their briefs filed in support of, or
in opposition to, any motions filed. See NECivR 7.1. For instructions, see “Hyperlinking
Information” at http://www.ned.uscourts.gov/attorney/electronic-case-filing.

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