Woodmen of the World Life Insurance Society v. US Bank National Association
ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF A CIVIL CASE - The plaintiff's Motion to Amend Progression Order (Filing No. 289 ) is granted in part and denied in part. Deposition due May 1, 2012. Jury Trial set for 2/11/2013 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Joseph F. Bataillon. Pretrial Conference set for 1/17/2013 at 10:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WOODMEN OF THE WORLD LIFE
U.S. BANK NATIONAL
ASSOCIATION, et al.,
SETTING FINAL SCHEDULE
FOR PROGRESSION OF CASE
Following a conference with counsel on January 5, 2012, pursuant to Fed. R. Civ.
P. 16, concerning matters of importance in scheduling this case,
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:
The plaintiff’s Motion to Amend Progression Order (Filing No. 289) is granted
in part and denied in part. The March 24, 2010, Order for Initial Progression of Case (Filing
No. 28) is amended to authorize the parties to take additional depositions. The plaintiffs
as a group, and the defendants as a group, are each limited to taking thirty (30)
depositions of lay witnesses and six (6) depositions of expert witnesses, without leave of
Motions for Summary Judgment. Motions for summary judgment shall be
filed not later than October 11, 2012. See NECivR 56.1 and 7.0.1.
Deposition Deadline. All fact discovery including depositions,
whether or not they are intended to be used at trial, shall be completed by
May 1, 2012. Expert witness discovery including depositions may continue
until September 5, 2012.
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
Discovery Motions. Discovery motions shall be filed not later
than April 2, 2012, as to matters which are then ripe for decision; discovery
matters arising after that date may be the subject of motions until the
deposition deadline. Counsel are reminded of the provisions of NECivR
Disclosure of Expert Witnesses.1 Each party shall designate each expert
witness it expects to call at trial on or before April 2, 2012. Each party shall, as soon as
practicable but not later than July 2, 2012, serve all opposing parties with the statement
required by Fed. R. Civ. P. 26(a)(2) regarding each expert witness it expects to call to
testify at trial pursuant to the provisions of Rule 702, 703 or 705, Fed. Rules of Evidence.
If necessary to refute the disclosed opinions of an expert witness of an opponent, a party
may disclose additional expert witnesses not later than August 3, 2012, provided that the
disclosing party then provides all of the information described in Fed. R. Civ. P. Rule
26(a)(2) and makes the expert witness available for deposition prior to the date set for
completion of expert depositions. Supplementation of these disclosures, 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 testimony of the expert at trial
shall be limited to the information disclosed in accordance with this paragraph.
A treating physician m ust be identified pursuant to Fed. R. Civ. P. 26(a)(2)(A), but a treating
physician is not deem ed to be “retained or specially em ployed to provide expert testim ony in a case” so as
to require a written report under Fed. R. Civ. P. 26(a)(2)(B).
Pretrial Disclosures.2 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:
Witnesses - On or before April 2, 2012: 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
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.
Trial Exhibits - On or before December 28, 2012: 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.
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.
Motions in Limine.
Motions in limine challenging the admissibility of expert
testimony at trial under Fed. R. Evid. 702 shall be filed by September 18,
In accordance with the E-Governm ent Act, counsel shall, on witness lists, exhibits, and other
disclosures and/or docum ents filed with the court, redact social security num bers, hom e addresses, phone
num bers, and other personally identifying inform ation of witnesses, but shall serve an unredacted version on
opposing parties. See NECivR 5.0.3.
2012. 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.
Any other motions in limine shall be filed on or before January
The Final Pretrial Conference with the undersigned magistrate judge is set
for January 17, 2013, at 10:00 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 16.2.3 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.
Not later than two weeks prior to trial, plaintiff or plaintiff's
counsel shall serve on defendant or defendant's counsel a written, updated
settlement proposal. Defendant or defendant's counsel shall respond in
writing to such proposal not later than one week before trial.
In the event the parties mediate their dispute, notice of the
mediation shall be given to the staff of the magistrate judge's office. The
filing of a mediation reference order will terminate pending motions, without
All personal inform ation should be redacted from the public version of the order and/or attachm ents
filed with the clerk. See NECivR 5.0.3.
prejudice to refiling. If the mediation is not successful, the moving party may
reinstate such a motion by filing a written notice to that effect, and the other
parties may respond in accordance with the local rules, regarding the date
of the notice as reinstating the response/reply time that remained as of the
date the mediation reference order was filed.
Notice of settlement shall be given to the trial judge's office as
soon as practicable but in any event in time to avoid summoning a jury. If a
case settles and notice of settlement is not given in sufficient time to avoid
summoning a jury, assessment of jury costs may -- and normally will -- be
made against a party and/or counsel for one or more of the parties. For
purposes of this paragraph, a jury is considered summoned for a trial at noon
the business day prior to the designated date of trial.
Trial is set to commence, at the court's call, during the week of February 11,
2013, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon and a jury. Unless
otherwise ordered, jury selection shall be at the commencement of trial.
Motions to alter dates. All requests for changes of deadlines or settings
established herein shall be directed to the magistrate judge by appropriate motion,
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 5th day of January, 2012.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge
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