US Foodservice, Inc. v. Rolf et al

Filing 34

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - The provisions of the court's earlier, initial progression order remain in effect, and in addition to those provisions, the following shall apply: The defendants' Unopposed Moti on to Extend Deadlines and to Continue Pretrial Conference and Trial (Filing No. 33 ) is granted. Bench Trial set for 2/14/2011 at 08:30 AM in Courtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon. Pre trial Conference set for 1/13/2011 at 10:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (AOA) Modified on 7/22/2010 to correct title of order (AOA). Modified on 7/23/2010 to reflect bench trial(ADB, ).

- T D T US Foodservice, Inc. v. Rolf et al

D o c . 34

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA U .S . FOODSERVICE, INC., P l a i n t if f , vs. D O N AL D ROLF, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

8:09CV254 AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

T h is matter comes before the court on the defendants' Unopposed Motion to Extend D e a d lin e s and to Continue Pretrial Conference and Trial (Filing No. 33). For good cause sh o w n ,

IT IS ORDERED: The provisions of the court's earlier, initial progression order remain in effect, and in addition to those provisions, the following shall apply: 1. T h e defendants' Unopposed Motion to Extend Deadlines and to Continue

P re tria l Conference and Trial (Filing No. 33) is granted. 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

in te n d e d to be used at trial, shall be completed by November 17, 2010. b. W ritt e n Discovery Deadline. All interrogatories, requests for

a d m is s i o n and requests for production or inspection, whether or not they are in te n d e d to be used at trial, shall be served sufficiently early to allow rule time re s p o n s e before the deposition deadline. Counsel may stipulate to extensions o f time to respond to discovery requests in accordance with Fed. R. Civ. P. 29, b u t 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. c. D is c o v e ry Motions. Discovery motions shall be filed not later

th a n October 20, 2010, as to matters which are then ripe for decision; d is c o v e ry matters arising after that date may be the subject of motions until the d e p o s itio n deadline. Counsel are reminded of the provisions of NECivR 7 .0 .1 ( i) .

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3.

D is c lo s u re of Expert Witnesses.1 Each defendant, counter-defendant, and

c r o s s - d e f e n d a n t shall serve its statement of the expert witnesses it expects to call to testify p u r s u a n t to Rule 702, 703 or 705, Fed. Rules of Evidence, pursuant to Fed. R. Civ. P. 2 6 (a )(2 ) as soon thereafter as practicable, but not later than September 28, 2010. If n e c e s s a r y to refute the disclosed opinions of an expert witness of an opponent, a plaintiff, c o u n te r-c la im a n t, or cross-claimant may disclose additional expert witnesses not later than O c to b e r 25, 2010, provided that the disclosing party then provides all of the information d e s c r ib e d in Fed. R. Civ. P. Rule 26(a)(2) and makes the expert witness available for d e p o s itio n prior to the date set for completion of depositions. Supplementation of these d is c lo s u re s , if originally made prior to these deadlines, shall be made on these deadlines as to any information for which supplementation is addressed in Fed. R. Civ. P. 26(e). The te s tim o n y of the expert at trial shall be limited to the information disclosed in accordance with th is paragraph. 4. P re tria l Disclosures.2 Pursuant to Fed. R. Civ. P. 26(a)(3), each party shall

s e rv e opposing counsel and file a redacted version as applicable with the following in fo rm a tio n regarding the evidence it may present at trial other than solely for impeachment p u rp o se s as soon as practicable but not later than the date specified: a. W itn e s s e s - On or before October 1, 2010: The name,

a d d r e s s and telephone number of each witness, separately identifying those w h o m the party expects to present and those whom the party may call if the n e e d arises. b. D e p o s itio n Testimony and Discovery - The designation of

d is c o v e ry testimony and discovery responses intended to be utilized at trial is n o t required for this case. Motions to require such designations may be filed n o t later than fifteen days prior to the deposition deadline.

A treating physician m u s t be identified pursuant to Fed. R. Civ. P. 26(a)(2)(A), but a treating p h ys ic ia n is not deem e d to be "retained or specially em p lo ye d to provide expert testim o n y in a case" so as to require a written report under Fed. R. Civ. P. 26(a)(2)(B).
2 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.

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c.

T ria l Exhibits - On or before December 17, 2010: A list of all

e x h ib its it expects to offer by providing a numbered listing and permitting e x a m in a tio n of such exhibits, designating on the list those exhibits it may offer o n ly if the need arises. d. W a iv e r of Objections: Any and all objections to the use of the

w itn e ss e s , deposition testimony, discovery responses, or exhibits disclosed p u rs u a n t to the above subparagraphs, including any objection pursuant to F e d . R. Civ. P. 32(a) that a deponent is available to testify at the trial, shall be m a d e a part of the pretrial order. Failure to list objections (except those under F e d . R. Evid. 402 and 403) is a waiver of such objections, unless excused by th e court for good cause shown. 5. M o tio n s in Limine. Any motions in limine shall be filed on or before

D e c e m b e r 30, 2010. 6. T h e Final Pretrial Conference with the undersigned magistrate judge is set

f o r January 13, 2011, at 10:00 a.m. in chambers, Suite 2271, Roman L. Hruska United S ta te s Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The final pretrial conference s h a ll be attended by lead counsel for represented parties. Counsel shall complete prior to th e pretrial conference, all items as directed in NECivR 16.2.3 By the time of the pretrial c o n f e r e n c e , full preparation for trial shall have been made so that trial may begin im m e d ia te ly thereafter. The pretrial conference will include a discussion of settlement, a n d counsel shall be prepared through investigation, discovery and communication with c lie n ts and insurers, if any, to discuss fully the subject of settlement, including realistic e x p e cta tio n s about liability, obstacles to agreement, offers made, and offers which can be m a d e at the conference. Counsel shall be prepared to make additional offers or proposals fo r settlement in behalf of their clients at the pretrial conference, and counsel shall be p r e p a r e d to make or opine on recommendations for further negotiations and conferences. 7. S e t t le m e n t . a. N o t later than two weeks prior to trial, plaintiff or plaintiff's

c o u n s e l shall serve on defendant or defendant's counsel a written, updated
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
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s e ttle m e n t proposal.

Defendant or defendant's counsel shall respond in

w ritin g to such proposal not later than one week before trial. b. In the event the parties mediate their dispute, notice of the

m e d ia tio n shall be given to the staff of the magistrate judge's office. The filing o f a mediation reference order will terminate pending motions, without p re ju d ic e to refiling. If the mediation is not successful, the moving party may re in s ta te such a motion by filing a written notice to that effect, and the other p a rtie s may respond in accordance with the local rules, regarding the date of th e notice as reinstating the response/reply time that remained as of the date th e mediation reference order was filed. c. N o tic e of settlement shall be given to the trial judge's office as

s o o n as practicable but in any event in time to avoid summoning a jury. If a c a s e settles and notice of settlement is not given in sufficient time to avoid s u m m o n in g a jury, assessment of jury costs may -- and normally will -- be m a d e against a party and/or counsel for one or more of the parties. For p u rp o se s of this paragraph, a jury is considered summoned for a trial at noon th e business day prior to the designated date of trial. 8. T ria l is set to commence, at the court's call, during the week of February 14,

2 0 1 1 , in Omaha, Nebraska, before the Honorable Joseph F. Bataillon. 9. 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, w h ic h require that additional time be allowed. D a te d this 22nd day of July, 2010. B Y THE COURT:

s /T h o m a s D. Thalken U n ite d States Magistrate Judge

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