Saied v. Creighton University School of Medicine

Filing 78

AMENDED ORDER SETTING FINAL SHCEDULE FOR PROGRESSION OF CASE- Upon oral motion of counsel the pre-trial deadlines are extended as set forth within the order, however trial remains scheduled as in the November 16, 2010, Order (Filing No. 21 ). ( Jur y Trial set for 6/13/2011 in Courtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon. Pretrial Conference set for 5/31/2011 at 10:00 AM in Chambers before Magistrate Judge Thomas D. Thalken.) Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NAHEL N. SAIED,
Plaintiff,
v.
CREIGHTON UNIVERSITY SCHOOL
OF MEDICINE,
Defendant.

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8:10CV205
AMENDED ORDER
SETTING FINAL SCHEDULE
FOR PROGRESSION OF CASE

Upon oral motion of counsel the following pre-trial deadlines are extended, however
trial remains scheduled as in the November 16, 2010, Order (Filing No. 21).

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.

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.

Trial Exhibits - On or before May 17, 2011: 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.
b.

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

1

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.

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.
2.

Motions in Limine. Any motions in limine shall be filed on or before May 24,

3.

The Final Pretrial Conference with the undersigned magistrate judge is set

2011.

for May 31, 2011, 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 16.2.2 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.
4.

Settlement.
a.

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.
b.

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
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
2

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.
2

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.
c.

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.
5.

Trial is set to commence, at the court's call, during the week of June 13,

2011, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon and a jury. Unless
otherwise ordered, jury selection shall be at the commencement of trial. Trial is expected
to last four days.
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,
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 22nd day of April, 2011.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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