Brehm et al v. Engle et al

Filing 426

ORDER - Following a telephone conference with counsel and pro se parties on November 8, 2010: Plaintiffs' motion for continuance 421 will be granted as set forth. Jury Trial set at the court's call the week of 4/18/2011 at 08:30 AM in Cou rtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon. Pretrial Conference set for 2/25/2011 at 11:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. All depositions, whether or not they are int ended to be used at trial, shall be completed by January 31, 2011. Defendant Magalnick shall have until November 18, 2010, to file any motion to compel discovery. The hearing remains scheduled for November 12, 2010, regarding the plaintiffs' Motion to Substitute Liana Dobarganes Harrington in Place of Defendant Patrick Harrington (Filing No. 410 ). Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(JAB)

-TDT Brehm et al v. Capital Growth Financial et al

Doc. 426

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA LYLE BREHM, et al., Plaintiffs, v. CAPITAL GROWTH FINANCIAL, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) 8:07CV254 ORDER

This matter is before the court following a telephone conference with counsel and pro se parties on November 8, 2010. Representing the plaintiffs were Gregory C.

Scaglione, James B. Cavanagh, and John L. Spray; representing the Jacobs defendants and Capital Growth Financial, LLC was Neil S. Baritz; representing defendant Stark Winter Schenkein & Co., LLP was Randall L. Goyette; defendant John Boyce participated pro se; defendant Geraldine Magalnick participated pro se; and the remaining defendants did not participate. The court considered the plaintiffs' Verified Motion for Continuance, Resetting Progression Deadlines and For Status Hearing (Filing No. 421). None of the participants had an objection to the motion. The plaintiffs' motion for continuance will be granted as set forth below. IT IS ORDERED: 1. Trial is set to commence, at the court's call, during the week of April 18,

2011, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon and a jury. Unless otherwise ordered, jury selection shall be at the commencement of trial. 2. The Final Pretrial Conference with the undersigned magistrate judge is set

for February 25, 2011, at 11:00 a.m. in chambers, Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. 3. Deposition Deadline. All depositions, whether or not they are intended to

be used at trial, shall be completed by January 31, 2011. 4. Pretrial Disclosures. 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:

Dockets.Justia.com

a.

Witnesses - On or before December 31, 2010: The name,

address and telephone number1 of each witness, separately identifying those whom the party expects to present and those whom the party may call if the need arises. b. Trial Exhibits - On or before February 10, 2011: 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. 5. Motions in Limine. Any motions in limine shall be filed on or before

February 17, 2011. 6. Defendant Magalnick shall have until November 18, 2010, to file any motion

to compel discovery. 7. The hearing remains scheduled for November 12, 2010, regarding the

plaintiffs' Motion to Substitute Liana Dobarganes Harrington in Place of Defendant Patrick Harrington (Filing No. 410). DATED this 9th day of November, 2010. BY THE COURT:

s/Thomas D. Thalken United States Magistrate Judge

In accordance with the E-Governm e n t Act, the parties shall redact social security num b e r s , hom e a d d r e s s e s , phone num b e r s , and other personally identifying inform a t io n of witnesses, on docum e n t s filed with t h e court, but shall serve an unredacted version on opposing parties. See NECivR 5.0.3.

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