Luckert v. Dodge County, et al.

Filing 109

SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - The parties' joint motion for continuance (Filing No. 108 ) is granted. Depositions due 4/23/10. Pretrial Conference set for 5/14/10 at 11:00 a.m. before Magistrate Judge Thomas D. Thalken. Jury Trial set for 6/21/10 at 8:30 AM in Courtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE before Judge Joseph F. Bataillon.Ordered by Magistrate Judge Thomas D. Thalken. (TCL )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA SHERRY LUCKERT, Plaintiff, ) ) ) ) ) ) ) ) ) 8:07CV5010 SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE COUNTY OF DODGE, et al., Defendants. This matter is before the court on the parties' joint motion for continuance (Filing No. 108). Upon consideration, IT IS ORDERED: The parties' joint motion for continuance (Filing No. 108) is granted as set forth below: 1. Discovery Deadlines: a. Deposition Deadline. All depositions, whether or not they are intended to be used at trial, shall be completed by April 23, 2010. 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. 2. Pretrial Disclosures.1 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 22, 2010: 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 May 3, 2010: 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. 3. Motions in Limine. In accordance with the E-Governm e n t Act, counsel shall, on witness lists, exhibits, and other d is c lo s u r e s and/or docum e n ts filed with the court, redact social security num b e r s , hom e addresses, phone n u m b e r s , and other personally identifying inform a tio n of witnesses, but shall serve an unredacted version on o p p o s in g parties. See NECivR 5.0.3. 2 1 a. Motions in limine challenging the admissibility of expert testimony at trial under Fed. R. Evid. 702 shall be filed by March 1, 2010. 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. 10, 2010. 4. The Final Pretrial Conference with the undersigned magistrate judge is Any other motions in limine shall be filed on or before May set for May 14, 2010 at 11 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 16.2.2 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 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. 5. Trial is set to commence, at the court's call, during the week of June 21, 2010, in Omaha, Nebraska, before the Honorable Joseph F. Battaillon. Unless otherwise ordered, jury selection shall be at the commencement of trial. 6. Motions to alter dates. All requests for changes of deadlines or settings established herein shall be directed to the magistrate judge by appropriate motion, All personal inform a t io n should be redacted from the public version of the order and/or attachm e n t s f i le d with the clerk. See NECivR 5.0.3. 3 2 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 8th day of January, 2010. BY THE COURT: s/Thomas D. Thalken United States Magistrate Judge 4

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