Imperial Beef, LLC v. Boehs et al

Filing 26

ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - Non-Jury Trial set for 6/10/2019 at 09:00 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Pretrial Conference set for 5/21/2019 at 11:00 AM in Chambers before Magistrate Judge Susan M. Bazis. Status Conference set for 10/22/2018 at 02:30 PM by Telephone before Magistrate Judge Susan M. Bazis. Ordered by Magistrate Judge Susan M. Bazis. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
IMPERIAL BEEF, LLC, a Nebraska limited
liability company;
4:18CV3053
Plaintiff,
ORDER SETTING FINAL
SCHEDULE FOR
PROGRESSION OF CASE

vs.
JOHN BOEHS, husband and wife;
CHARLENE BOEHS, husband and wife;
STATE OF NEBRASKA, AG-LAND
AVIATION, INC., a Nebraska corporation;
THOUVENEL HARVESTING, LLC, a
Montana Limited liability company; CHAD
LUNDEEN, VALLEY BANK AND TRUST
COMPANY, a bank incorporated by the laws
of the State of Nebraska; WYOMING STATE
BANK, a Wyoming corporation; UNITED
STATES OF AMERICA, and TRUSTEE
ATTEBERY FAMILY TRUST,
Defendants.

Upon review of the Parties' Rule 26(f) Report (Filing No. 25),
IT IS ORDERED:
1.
Authorization and Sequence of Discovery. The parties may now commence discovery.
That discovery required to prepare the case for mediation or other settlement negotiations and that
discovery required to prepare the case for possible summary judgment disposition shall be conducted
before other discovery.
2.
17, 2018.

Mandatory Disclosures described in Fed. R. Civ. P. 26(a)(1) shall be served by August

3.
The filing of disclosures under Fed. R. Civ. P. 26(a)(1), and (2), as well as the filing of
discovery documents, depositions, and disclosures required by this order shall be governed by NECivR
26.1. The disclosures required by Fed. R. Civ. P. 26(a)(3) shall be filed when served. Note: Disclosures
that are filed should be redacted so no personal information (e.g., home addresses, phone numbers,
Social Security numbers, etc.) is made part of the public record.
4.
Withholding Documents from Disclosure or Discovery. If any document is withheld
from production or disclosure on the grounds of privilege or work product, the producing party shall
disclose the following information about each such document withheld: a description of the document
withheld with as much specificity as is practicable without disclosing its contents, including (a) the
general nature of the document; (b) the identity and position of its author; (c) the date it was written; (d)
the identity and position of its addressee; (e) the identities and positions of all persons who were given

or have received copies of it and the dates copies were received by them; (f) the document's present
location and the identity and position of its custodian; and (g) the specific reason or reasons why it has
been withheld from production or disclosure.
5.
Limits on Discovery. Each party is limited to serving 25 interrogatories on any other
party. The plaintiffs as a group, and the defendants as a group, are each limited to taking 20 depositions
in this case, without leave of court.
6.
Adding Parties; Amending Pleadings. The parties have indicated that they do not
anticipate the need to add parties or amend pleadings.
7.
Status Conference. A telephone conference with the assigned magistrate judge will be
held on October 22, 2018, at 2:30 p.m., for the purpose of reviewing the preparation of the case to date.
A separate order will be filed with conferencing instructions.
8.
Motions to alter dates. All requests for changes of deadlines established by this order
shall be directed to the magistrate judge by appropriate motion.
9.
The stipulations of the parties regarding discovery and progression matters set forth in
their planning report to the court, not in conflict with the provisions of this order, are approved and
adopted. The stipulations for dismissal and/or striking of claims and/or defenses contained in the parties'
planning report are approved and adopted, and all of such claims and/or defenses are hereby dismissed
and/or stricken.
10.
Motion to Dismiss and Motions for Summary Judgment. Motions to dismiss and/or
for summary judgment shall be filed not later than February 1, 2019. See NECivR 56.1 and NECivR
7.1.
11.

Discovery Deadlines:
a. Deposition Deadline. All depositions, whether or not they are intended to be used at
trial, shall be completed by January 18, 2019.
b. Written 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 completed by January 18, 2019. 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 December 19,
2018, 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. Counsel are
reminded of the provisions of NECivR 7.1(i). Motions to compel shall not be filed
without first contacting the chambers of the undersigned magistrate judge to set a
conference to discuss the parties’ dispute.

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12.
Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and cross-claimant
shall identify expert witnesses by October 8, 2018 and shall serve expert reports by November 5, 2018.
Each Defendant, Counter-Defendant, and Cross-Defendant shall identify expert witnesses by October 8,
2018, and serve expert reports by November 5, 2018. 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 November 19, 2018, 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.
13.
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 April 23, 2019: 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 at this time.
c. Trial Exhibits - On or before April 23, 2019: 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.
14.

Motions in Limine.

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 the case" so as to require a
written report under Fed. R. Civ. P. 26(a)(2)(B).
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 5.3.

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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 18, 2019, 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 May 14, 2019.
15.
The Final Pretrial Conference with the assigned magistrate judge is set for May 21,
2019, 11:00 a.m. in chambers, 111 South 18th Plaza, Suite 2271, 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.
16.

Mediation and Settlement:
a. If the parties intend to mediate their dispute, notice of the mediation shall be given
to the staff of the assigned magistrate judge's office. The filing of a mediation
reference order will terminate pending motions, without prejudice to refiling. If the
mediation is not successful, the moving party may reinstate such a motion by filing a
written notice to that effect, and the other parties may respond in accordance with the
local rules, regarding the date of the notice as reinstating the response/reply time that
remained as of the date the mediation reference order was filed.
b. Not later than two weeks prior to trial, plaintiff or plaintiff's counsel shall serve on
Defendant or Defendant's counsel a written, updated settlement proposal. Defendant
or Defendant's counsel shall respond in writing to such proposal not later than one
week before trial.
c. Notice of settlement shall be given to the trial judge's office as soon as practicable
but in any event in time to avoid summoning a jury. If a case settles and notice of
settlement is not given in sufficient time to avoid summoning a jury, assessment of
jury costs may – and normally will – be made against a party and/or counsel for one
or more of the parties. For purposes of this paragraph, a jury is considered summoned
for a trial at noon the business day prior to the designated date of trial.

3

All personal information should be redacted from the public version of the order and/or attachments filed
with the Clerk. See NECivR 5.3.

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17.
A 1-day non-jury trial is set to commence, at the Court's call, during the week of June
10, 2019, Lincoln, Nebraska, before the Honorable Joseph F. Bataillon, Senior United States District
Judge. Unless otherwise ordered, jury selection shall be at the commencement of trial.
18.
Motions to Alter Dates. All requests for changes of deadlines or settings established
herein shall be directed to the assigned 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 this 18th day of July, 2018.
BY THE COURT:

s/ Susan M. Bazis
United States Magistrate Judge

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