Midwest Renewable Energy v. Western Biomass Energy et al

Filing 29

AMENED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - IT IS ORDERED: The parties' Stipulation for Continuance (Filing No. 28 ) is adopted to the extent the February 1, 2012, Order Setting Final Schedule for Progression of Case (Filing No. 16 ) is amended as set forth in this Order. The Final Pretrial Conference with the undersigned magistrate judge is set for April 15, 2013, at 10:00 a.m. C.D.T. by telephone. Trial is set to commence May 13, 2013, in North Platte, Nebraska, before the Honorable Lyle E. Strom and a jury. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MIDWEST RENEWABLE ENERGY, LLC, )
)
Plaintiff,
)
)
v.
)
)
WESTERN BIOMASS ENERGY, LLC,
)
KL PROCESS DESIGN GROUP, LLC,
)
KL ENERGY CORP., and
)
RANDALL P. KRAMER,
)
)
Defendants.
)

7:11CV5009
AMENDED ORDER
SETTING FINAL SCHEDULE
FOR PROGRESSION OF CASE

This matter comes before the court on the parties’ Stipulation for Continuance
(Filing No. 28). The stipulation is adopted as set forth below,

IT IS ORDERED:
1.

The parties’ Stipulation for Continuance (Filing No. 28) is adopted to the

extent the February 1, 2012, Order Setting Final Schedule for Progression of Case (Filing
No. 16) is amended as set forth below.
2.

Motions for Summary Judgment. Motions for summary judgment shall be

filed not later than February 1, 2013. See NECivR 56.1 and 7.0.1.
3.

Discovery Deadlines.
a.

Deposition Deadline. All depositions, whether or not they are

intended to be used at trial, shall be completed by January 30, 2013.
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 served sufficiently early to allow rule
time response before the deposition deadline. The parties may stipulate to
extensions of time to respond to discovery requests in accordance with Fed.
R. Civ. P. 29 and NECivR 29.1, 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 November 26, 2012, 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. The parties are reminded of the provisions of
NECivR 7.0.1(i).
4.

Pretrial Disclosures.1 Pursuant to Fed. R. Civ. P. 26(a)(3), each party shall

serve 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.

Deposition Testimony and Discovery - The designation of

discovery testimony and discovery responses intended to be utilized at trial
is not required for this case. Motions to require such designations may be
filed not later than fifteen days prior to the deposition deadline.
b.

Trial Exhibits - On or before March 29, 2013: 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.
c.

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.

1

In accordance with the E-Governm ent Act, the parties shall, on witness lists, exhibits, and other
disclosures and/or docum ents filed with the court, redact social security num bers, hom e addresses, phone
num bers, and other personally identifying inform ation of witnesses, but shall serve an unredacted version on
opposing parties. See NECivR 5.0.3.
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5.

Motions in Limine. Any motions in limine shall be filed on or before April

8, 2013.
6.

The Final Pretrial Conference with the undersigned magistrate judge is set

for April 15, 2013, at 10:00 a.m. C.D.T. by telephone. The plaintiff’s counsel shall initiate
the call between counsel representing the parties, and parties participating pro se, and the
court. Lead counsel for represented parties and any party proceeding pro se shall
participate in the final pretrial conference. The parties 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 the partis
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. The parties shall be prepared to make additional offers or proposals for
settlement at the pretrial conference, and shall be prepared to make or opine on
recommendations for further negotiations and conferences.
7.

Settlement.
a.

Not later than two weeks prior to trial, plaintiff or plaintiff's

counsel shall serve on defendants or defendants’ counsel a written, updated
settlement proposal. Defendants or defendants’ counsel shall respond in
writing to such proposal not later than one week before trial.
b.

In the event the parties mediate their dispute, notice of the

mediation shall be given to the staff of the 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

2

All personal inform ation should be redacted from the public version of the order and/or attachm ents
filed with the clerk. See NECivR 5.0.3.
3

of the notice as reinstating the response/reply time that remained as of the
date the mediation reference order was filed.
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.
8.

Trial is set to commence May 13, 2013, in North Platte, Nebraska, before

the Honorable Lyle E. Strom and a jury. Unless otherwise ordered, jury selection shall be
at the commencement of trial.
9.

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 the parties 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 3rd day of August, 2012.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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