Kennedy v. United States of America
Filing
49
THIRD AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF A CASE granting 48 Motion to Extend. Non-Jury Trial set for 5/9/2016 at 09:00 AM in Lincoln County Courthouse, 301 N. Jeffers St., North Platte, NE before Senior Judge Lyle E. Strom. Pretrial Conference set for 4/8/2016 at 10:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (KMG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LAURIE KENNEDY,
Plaintiff,
7:13CV5011
vs.
UNITED STATES OF AMERICA,
Defendant.
THIRD AMENDED ORDER
SETTING FINAL SCHEDULE
FOR PROGRESSION OF CASE
This matter is before the court on the defendant’s Unopposed Motion for
Extension of Deadlines (Filing No. 48). Upon consideration:
IT IS ORDERED:
The defendant’s Unopposed Motion for Extension of
Deadlines (Filing No. 48) is granted as set forth below.
IT IS FURTHER ORDERED: The provisions of the court’s earlier progression
orders remain in effect, and in addition to those provisions, the following shall apply:
1.
Motions for Summary Judgment. Motions for summary judgment shall
be filed not later than October 5, 2015. See NECivR 56.1 and 7.1.
2.
Deposition Deadline. All depositions, whether or not they are intended to
be used at trial, shall be completed by November 9, 2015.
3.
Disclosure of Expert Witnesses.1
The defendant shall serve its
statement of the expert witnesses it expects to call to testify pursuant to Rule 702, 703
or 705, Fed. Rules of Evidence, pursuant to Fed. R. Civ. P. 26(a)(2) no later than
October 5, 2015. If necessary to refute the disclosed opinions of an expert witness of
the defendant, the plaintiff may disclose additional expert witnesses not later than
October 26, 2015, 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
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 a case” so as to
require a written report under Fed. R. Civ. P. 26(a)(2)(B).
disclosures, if originally made prior to these deadlines, shall be made on these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.
4.
Pretrial Disclosures.2 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.
Witnesses - On or before March 25, 2016: The name, address
and telephone number 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 for this case. Motions to require such designations may be filed not
later than fifteen days prior to the deposition deadline.
c.
Trial Exhibits - On or before March 25, 2016: 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.
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,
phone numbers, and other personally identifying information of witnesses, but shall serve an unredacted
version on opposing parties. See NECivR 5.3.
2
5.
Motions in Limine.
a.
Motions in limine challenging the admissibility of expert testimony at
trial under Fed. R. Evid. 702 shall be filed by February 19, 2016. See Kumho
Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999); Daubert v. Merrell-Dow
Pharms., 509 U.S. 579 (1993).
The motions should be 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 April 1,
2016.
6.
The Final Pretrial Conference with the undersigned magistrate judge is
set for April 8, 2016, at 10:00 a.m. in chambers, Suite 2271, Roman L. Hruska United
States Courthouse, 111 South 18th Plaza, 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.
7.
Settlement.
a.
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.
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.
3
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 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.
8.
A three-day Bench Trial is set to commence, at the court’s call, on May 9,
2016, in North Platte, Nebraska, before the Honorable Lyle E. Strom.
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 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 17th day of August, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge
4
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