Patterson v. City of Omaha, et al

Filing 65

ORDER- Plaintiffs motion 62 is granted;Defendants objection 63 is overruled; the amended final progressionorder (Filing No. 31 ) is modified as set forth within the order. The final pretrial conference is set for: Monday, December 3, 2012, at 9:30 a.m. before Magistrate Judge F. A. Gossett, Suite 2210, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska; and Trial is set to commence before the undersigned at: Tuesday, December 11, 2012, at 9 a.m. Courtroom No. 5, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. ( Jury Trial set for 12/11/2012 at 09:00 AM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom., Pretrial Conference set for 12/3/2012 at 09:30 AM in Chambers before Magistrate Judge F.A. Gossett.) Ordered by Senior Judge Lyle E. Strom. (MKR)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
TYRONE PATTERSON,

)
)
Plaintiff,
)
)
v.
)
)
CITY OF OMAHA, a political
)
subdivision of the State of
)
Nebraska; MOLLY HIATT, both
)
individually and officially
)
as an officer of the Omaha
)
Police Department, and PAUL
)
HASIAK, both individually and )
officially as an officer of
)
the Omaha Police Department, )
)
Defendants.
)
______________________________)

8:11CV128

ORDER

This matter is before the Court on plaintiff’s motion
to amend scheduling order (Filing No. 62), together with
defendants’ response thereto (Filing No. 63), and plaintiff’s
reply (Filing No. 64).

The Court held a telephonic conference

with counsel regarding the motion on August 14, 2012.
Defendants object to any extension of discovery
deadlines, stating that they “have relied upon the discovery
deadlines and the disclosures made by Plaintiff’s previous
counsel” (Filing No. 63, at 2).

The Court notes that the

progression order has been amended once before due to the
inability of defendants to comply with discovery deadlines (see
order requiring defendants to show cause, Filing No. 29).

In the

interests of justice, the Court will grant plaintiff’s motion to
amend.

Accordingly,
IT IS ORDERED that plaintiff’s motion is granted;

defendant’s objection is overruled; the amended final progression
order (Filing No. 31) is modified as follows:
1) All witnesses shall be identified no later than
Friday, October 12, 2012;
2) Depositions of any additionally named witnesses must
be completed by Friday, November 2, 2012;
3) Any motion in limine challenging the admissibility
of testimony of an expert witness under Rule 702, Federal Rules
of Evidence, shall be filed no later than November 26, 2012, in
the absence of which any objection based upon said rule shall be
deemed waived;
4) All motions for summary judgment shall be filed on
or before November 16, 2012;
5) The final pretrial conference is set for:
Monday, December 3, 2012, at 9:30 a.m.
before Magistrate Judge F. A. Gossett, Suite 2210, Roman L.
Hruska United States Courthouse, 111 South 18th Plaza, Omaha,
Nebraska; and
6) Trial is set to commence before the undersigned at:
Tuesday, December 11, 2012, at 9 a.m.

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Courtroom No. 5, Roman L. Hruska United States Courthouse, 111
South 18th Plaza, Omaha, Nebraska.
DATED this 14th day of August, 2012.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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