Oriental Trading Company, Inc. v. American Safety Indemnity Company

Filing 79

ORDER granting in part 57 Motion to Extend Deadlines. Jury Trial continued to 10/12/2010 at 8:30 AM in Courtroom 2, Federal Building, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp. Pretrial Conference continued to 8/20/2010 at 10:00 AM before Magistrate Judge F. A. Gossett. Ordered by Magistrate Judge F. A. Gossett. (CLS, )

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IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA O R I E N T A L TRADING COMPANY, I N C ., P l a i n t i f f, vs. A M E R I C A N SAFETY INDEMNITY COM PANY, D efe n d a n t. ) ) ) ) ) ) ) ) ) ) ) 8 :0 8 C V 3 2 7 S E C O N D AMENDED ORDER S E T T I N G FINAL SCHEDULE FOR P R O G R E S S I O N OF CASE T h is matter is before the court on the defendant's motion (Filing 57) for a 90-day e x te n sio n of all progression order deadlines, including the trial date. Plaintiff opposes the m o tio n (see Filing 75) to the extent it requests an extension of the January 8, 2010 discovery d e a d lin e , which had expired before defendant's motion was filed. The court finds that the motion should be granted, but only as to the deadlines which h a d not yet expired when the motion was filed on February 17, 2010. For good cause shown, th e jury trial will be continued from June 15, 2010 to October 12, 2010. I T IS ORDERED that defendant's motion (Filing 57) is granted, in part, as follows: 1 . P u r s u a n t to Fed. R. Civ. P. 26(a)(3), each party shall serve opposing counsel, no la te r than August 10, 2010, with a list of all exhibits it expects to offer by providing a n u m b e r e d listing and permitting examination of such exhibits, designating on the list those e x h ib i ts it may offer only if the need arises. 2 . T h e deadline for challenging the admissibility of expert testimony has expired. All o th e r motions in limine shall be filed no later than August 10, 2010. 3 . T h e final pretrial conference is continued to Friday, August 20, 2010 at 10:00 a .m . in the chambers of the undersigned, Room 2210, Roman L. Hruska United States C o u rth o u s e , 111 South 18th Plaza, Omaha, Nebraska. Counsel shall complete, prior to the c o n f ere n c e, all items as directed in NECivR 16.2 and shall, no later than August 18, 2010, d e liv e r to chambers a copy of the parties' final agreed draft of the proposed final pretrial o rd e r. The copy may be delivered to chambers by fax (402-661-7338), by mail, or by email ( g o s s e tt @ n e d .u s c o u r t s .g o v ) . 4 . A jury trial is set to commence, at the court's call, during the week of October 12, 2 0 1 0 in Omaha, Nebraska, before the Honorable Laurie Smith Camp. Unless otherwise o rd e re d , jury selection shall be at the commencement of trial. D A T E D March 11, 2010. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge -2-

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