Sampson v. Schenck et al

Filing 658

ORDER - The Final Pretrial Conference with the undersigned magistrate judge is set for September 20, 2013, at 10:00 a.m. in chambers, Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The final pretrial c onference shall be attended by any party proceeding without counsel and lead counsel for represented parties. Counsel shall complete prior to the pretrial conference, all items as directed in NECivR 16.2.3. Trial remains scheduled for October 21, 2013, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon and a jury. Member Cases: 8:07-cv-00155-JFB-TDT, 8:08-cv-00107-JFB-TDT Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NICHOLAS SAMPSON,
Plaintiff,

8:07CV155

vs.
INV. EARL SCHENCK, in his official
and individual capacities; INV. WILLIAM
LAMBERT, in his official and individual
capacities; SGT. SANDY WEYERS, in her
official and individual capacities; INV.
CHARLES O’CALLAGHAN, in his
individual and official capacities; DOES 18, in their official and individual
capacities; CASS COUNTY SHERIFF’S
OFFICE, a Nebraska political subdivision;
DAVID KOFOED, in his official and
individual capacities; and DOUGLAS
COUNTY SHERIFF’S OFFICE, a Nebraska
political subdivision,

ORDER

Defendants,
MATTHEW LIVERS,
Plaintiff,

8:08CV107

vs.
EARL SCHENCK, Cass County Sheriff’s
Investigator; WILLIAM LAMBERT,
Nebraska State Patrol Investigator;
CHARLES O’CALLAGHAN, Nebraska State
Patrol Investigator; SANDRA WEYERS,
Cass County Sheriff’s Sergeant; COUNTY
OF CASS, NEBRASKA; DAVID KOFOED,
Commander of the Douglas County
Sheriff’s Office Crime Scene Investigation
Division; TIM DUNNING, Sheriff of Douglas
County; and COUNTY OF DOUGLAS,
Nebraska,

ORDER

Defendants.
This matter is before the court following a telephone status conference with counsel on
May 30, 2013. Maren L. Chaloupka represented the plaintiff Nicholas Sampson. Locke E.
Bowman and Robert W. Mullin represented the plaintiff Matthew Livers.

Kimberly K.

Sturzenegger represented the defendants Cass County, Nebraska, Cass County Sheriff’s
Office, Earl Schenck, and Sandra Weyers. Katherine J. Spohn and Stephanie A. Caldwell
represented defendants William Lambert and Charles O’Callaghan.

Diane M. Carlson and

Timothy K. Dolan represented Tim Dunning, Douglas County, Nebraska, and Douglas County
Sheriff’s Office. David Kofoed did not participate in the conference. Following the conference
concerning matters of importance in scheduling this case,
IT IS ORDERED:
1.

The Final Pretrial Conference with the undersigned magistrate judge is set for

September 20, 2013, 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 any party proceeding without counsel and 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.
2.

Trial remains scheduled for October 21, 2013, in Omaha, Nebraska, before the

Honorable Joseph F. Bataillon and a jury.

Dated this 30th day of May, 2013.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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.
2