Casteel v. City of Crete

Filing 45

PROGRESSION ORDER - that the initial progression order (Filing No. 26 ) is amended and supplemented as follows: Jury Trial set for 3/25/2019 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf., Pretrial Conference set for 3/12/2019 at 01:00 PM Internet/Telephonic Conferencing before Magistrate Judge Cheryl R. Zwart., Telephone Conference set for 12/4/2018 at 11:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAY F. CASTEEL, an individual;
Plaintiff,

4:16CV3166

vs.
PROGRESSION ORDER
CITY OF CRETE,
Defendant.

IT IS ORDERED that the initial progression order (Filing No. 26) is amended and
supplemented as follows:
1)

The jury trial of this case is set to commence before Richard G. Kopf, Senior
United States District Judge, in Courtroom 1, United States Courthouse, Lincoln,
Nebraska, at 9:00 a.m. on March 25, 2019, 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. Jury selection will be held at the commencement of trial.

2)

The Pretrial Conference is scheduled to be held before the undersigned
magistrate judge on March 12, 2019 at 1:00 p.m., and will be conducted by
internet/telephonic conferencing. Counsel shall use the conferencing instructions
assigned to this case to participate in the conference. 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
March 8, 2019.

3)

A telephonic conference to discuss the status of case progression and the
parties’ interest in settlement will be held with the undersigned magistrate judge
on December 4, 2018 at 11:00 a.m. by telephone. Counsel shall use the
conferencing instructions assigned to this case to participate in the conference.

4)

The deadline for completing written discovery under Rules 33, 34, and 36 of the
Federal Rules of Civil Procedure is October 1, 2018. Motions to compel
discovery under Rules 33, 34, and 36 must be filed by October 15, 2018.
Note: Motions to compel shall not be filed without first contacting the chambers
of the undersigned magistrate judge to set a conference for discussing the
parties’ dispute.
a. The maximum number of interrogatories, including sub-parts, that may be
served by any party on any other party is 60.

b. The parties shall give at least 10 days' notice of their intention to serve
records/documents or subpoenas on third parties prior to issuance. See
NECivR 45.1
5)

The deadlines for identifying expert witnesses expected to testify at the trial,
(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):

6)

August 31, 2018.
October 1, 2018.

The deadlines 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)), are:
For the plaintiff(s):
For the defendant(s):

7)

October 1, 2018.
November 1, 2018.

The deposition deadline is October 31, 2018.
a. The maximum number of depositions that may be taken by the plaintiffs
as a group and the defendants as a group is 10.

8)

The deadline for filing motions to dismiss and motions for summary judgment is
December 31, 2018.

9)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is December 31, 2018.

10)

Motions in limine shall be filed seven 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.

11)

The parties shall comply with all other stipulations and agreements recited in
their Rule 26(f) Report that are not inconsistent with this order.

Dated this 14th day of August, 2018.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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