Crawford v Safeway, Inc.
Filing
46
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE. The parties' Joint Stipulation and Motion RE: Trial Setting (Filing No. 45 ) is adopted. All depositions, whether or not they are intended to be used at trial, shall be completed by September 2, 2016. The Final Pretrial Conference with the undersigned magistrate judge is set for October 13, 2016, at 10:00 a.m. in chambers, Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Trial is set to commence November 7, 2016, in Omaha, Nebraska, before the Honorable Thomas D. Thalken and a jury for ten (10) days. Unless otherwise ordered, jury selection shall be at the commencement of trial. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRIAN CRAWFORD, as Personal
Representative of the ESTATE OF
HILARY CRAWFORD, Deceased,
7:14CV5001
Plaintiff,
AMENDED ORDER
SETTING FINAL SCHEDULE
FOR PROGRESSION OF CASE
vs.
SAFEWAY, INC., a Delaware
Corporation,
Defendants.
This matter comes before the court on the parties’ Joint Stipulation and Motion
RE: Trial Setting (Filing No. 45). The parties seek an extension of the trial and other
dates, request to move the trial from North Platte to Omaha, Nebraska, and consent to
trial before the undersigned magistrate judge. The court adopts the parties’ stipulation
in most respects; however, some of the proposed deadlines were changed to allow for
resolution of the issues prior to trial. Accordingly,
IT IS ORDERED:
1.
The parties’ Joint Stipulation and Motion RE: Trial Setting (Filing No. 45) is
adopted as follows.
2.
Motions for Summary Judgment. Motions for Summary Judgment shall
be filed no later than September 2, 2016. See NECivR 56.1 and 7.1.
3.
Discovery Deadlines.
a.
Deposition Deadline.
All depositions, whether or not they are
intended to be used at trial, shall be completed by September 2, 2016.
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. 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
August 5, 2016, 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).
4.
Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and
cross-claimant shall, as soon as practicable but not later than January 1, 2016, serve
all opposing parties with the statement required by Fed. R. Civ. P. 26(a)(2) regarding
each expert witness it expects to call to testify at trial pursuant to the provisions of Rule
702, 703 or 705, Fed. Rules of Evidence. Each defendant, counter-defendant, and
cross-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) as soon thereafter as practicable, but not later than January 22, 2016.
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 May 1, 2016, 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.
5.
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
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), unless such treating physician is going to offer an
opinion beyond the medical records.
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
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 June 3, 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 September 30, 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.
6.
Motions in Limine.
a.
Motions in limine challenging the admissibility of expert testimony at
trial under Fed. R. Evid. 702 shall be filed by June 30, 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 October 7,
2016.
7.
The Final Pretrial Conference with the undersigned magistrate judge is set
for October 13, 2016, at 10:00 a.m. in chambers, Suite 2271, Roman L. Hruska United
3
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.
8.
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.
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 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
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.
4
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.
9.
Trial is set to commence November 7, 2016, in Omaha, Nebraska,
before the Honorable Thomas D. Thalken and a jury for ten (10) days. Unless otherwise
ordered, jury selection shall be at the commencement of trial.
10.
Motions to alter dates. All requests for changes of deadlines or settings
established herein shall be 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 10th day of February, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge
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