Thomas v. Great Western Bank

Filing 30

ORDER granting 29 Motion to Extend Deadlines. The parties waive jury trial. Non-Jury Trial set for 2/16/2010 before Judge Laurie Smith Camp. Final Pretrial Conference set for 1/11/2010 before Magistrate Judge F.A. Gossett. Ordered by Magistrate Judge F. A. Gossett. (CLS, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA R U D Y M. THOMAS, P l a i n t if f ( s ) , vs . G R E AT WESTERN BANK, D e f e n d a n t (s ) . ) ) ) ) ) ) ) ) )

8 :0 8 C V3 7 0 AM E N D E D ORDER SETTING F IN AL SCHEDULE FOR P R O G R E S S IO N OF CASE

T h is matter is before the court on the parties' joint motion for a 90-day extension of the p r o g re s s io n order deadlines. Counsel advise that all parties agree to a bench trial and waive tria l of the issues by jury. For good cause shown, IT IS ORDERED that the parties' Joint Motion (Doc. 29) is granted, as follows: 1 . M o tio n s for Summary Judgment. Motions for summary judgment shall be filed n o t later than September 30, 2009. See NECivR 56.1 and 7.0.1. 2. D is c o v e ry Deadlines:

a. D e p o s itio n Deadline. All depositions, whether or not they are intended to b e used at trial, shall be completed by September 30, 2009. b. D is c ove ry Deadline. All interrogatories, requests for admission and requests fo r production or inspection, whether or not they are intended to be used at trial, shall b e served sufficiently early to allow rule time response before the deposition deadline. C o u n s e l may stipulate to extensions of time to respond to discovery requests in a c c o rd a n c e with Fed. R. Civ. P. 29, but such extensions shall not extend any of the d a te s in this order; any request to extend the deadlines of this order shall be s o u g h t by motion. c . D is c o v e ry Motions. Discovery motions shall be filed not later than August 1 5 , 2009 as to matters which are then ripe for decision; discovery matters arising after th a t date may be the subject of motions until the deposition deadline. Counsel are r e m in d e d of the provisions of NECivR 7.0.1(i). 3 . P re tr ia l Disclosures. Pursuant to Fed. R. Civ. P. 26(a)(3), each party shall serve o p p o s in g counsel and file a redacted version as applicable with the following information re g a rd in g the evidence it may present at trial other than solely for impeachment purposes as s o o n as practicable but not later than the date specified:

a . N o n e x p e r t Witnesses - On or before July 31, 2009: The name, address a n d telephone number1 of each witness, separately identifying those whom the party e x p e c ts to present and those whom the party may call if the need arises. b. D e p o s itio n Testimony and Discovery - The designation of discovery te s tim o n y and discovery responses intended to be utilized at trial is not required for th is case. Motions to require such designations may be filed not later than fifteen (15) d a ys prior to the deposition deadline. c . T ria l Exhibits - On or before July 31, 2009: A list of all exhibits it expects to offer by providing a numbered listing and permitting examination of such exhibits, d e s ig n a tin g on the list those exhibits it may offer only if the need arises. d. W a ive r of Objections. Any and all objections to the use of the witnesses, de po sition testimony, discovery responses, or exhibits disclosed pursuant to the above s u b p a ra g ra p h s , including any objection pursuant to Fed. R. Civ. P. 32(a) that a d e p o n e n t is available to testify at the trial, shall be made a part of the pretrial order. F a ilu re to list objections (except those under Fed. R. Evid. 402 and 403) is a waiver o f such objections, unless excused by the court for good cause shown. 4. M o tio n s in Limine shall be filed on or before December 30, 2009.

5 . T h e Final Pretrial Conference with the undersigned magistrate judge is set for J a n u a ry 11, 2010 at 10:30 a.m. in chambers, 111 South 18th Plaza, Suite 2210, Roman L. H r u s k a United States Courthouse, Omaha, Nebraska. The final pretrial conference shall be a tte n d e d by lead counsel for represented parties. Counsel shall complete prior to the pretrial c o n fe re n c e , all items as directed in NECivR 16.2.2 By the time of the pretrial conference, full p re p a ra tio n for trial shall have been made so that trial may begin immediately thereafter. The p re tria l conference will include a discussion of settlement, and counsel shall be prepared th ro u g h investigation, discovery and communication with clients and insurers, if any, to d is c u s s 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 b e prepared to make additional offers or proposals for settlement in behalf of their clients at th e pretrial conference, and counsel shall be prepared to make or opine on recommendations fo r further negotiations and conferences. 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, telephone numbers, and other personally identifying information of witnesses, but shall serve an unredacted version on opposing parties. See NECivR 5.0.3. All personal information should be redacted from the public version of the order and/or attachments filed with the Clerk. See NECivR 5.0.3. -22 1

6.

M e d ia tio n and Settlement:

a. If the parties intend to mediate their dispute, notice of the mediation shall b e given to the staff of the magistrate judge's office. The filing of a mediation re fe re n ce order will terminate pending motions, without prejudice to refiling. If the m e d ia tio n is not successful, the moving party may reinstate such a motion by filing a w r itte n notice to that effect, and the other parties may respond in accordance with the lo c a l rules, regarding the date of the notice as reinstating the response/reply time that re m a in e d as of the date the mediation reference order was filed. b . N o t later than two weeks prior to trial, plaintiff or plaintiff's counsel shall s e rv e on defendant or defendant's counsel a written, updated settlement proposal. D e fe n d a n t or defendant's counsel shall respond in writing to such proposal not later th a n one week before trial. c . N o tic e of settlement shall be given to the trial judge's office as soon as p ra c tic a b le but in any event in time to avoid summoning a jury. If a case settles and n o tic e of settlement is not given in sufficient time to avoid summoning a jury, a s s e s s m e n t of jury costs may ­ and normally will ­ be made against a party and/or c o u n s e l for one or more of the parties. For purposes of this paragraph, a jury is c o n s id e re d summoned for a trial at noon the business day prior to the designated date o f trial 7 . A non-jury trial is set to commence, at the court's call, during the week of F e b ru a ry 16, 2010, in Omaha, Nebraska, before the Honorable Laurie Smith Camp, United S ta te s District Judge. Unless otherwise ordered, jury selection shall be at the commencement o f trial. 8 . M o tio n s to Alter Dates. All requests for changes of deadlines or settings e s ta b lis h e d herein shall be directed to the magistrate judge by appropriate motion, including a ll requests for changes of trial dates. Such motions shall not be considered in the absence o f a showing by counsel of due diligence in the timely development of this case for trial and th e recent development of circumstances, unanticipated prior to the filing of the motion, which re q u ire that additional time be allowed. D AT E D June 2, 2009. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge

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