Cusatis, Jr. v. Leo Trucking, Inc. et al
ORDER FOR PROGRESSION OF CASE - IT IS ORDERED: Per the joint motion (# 80 ), the parties have voluntarily consented to have the United States Magistrate Judge conduct any and all further proceedings in this case, including the trial and ord er the entry of final judgment. The Final Pretrial Conference with the undersigned magistrate judge is set for September 16, 2013 at 10:30 A.M., in chambers, 111 South 18th Plaza, Suite 2210, Roman L. Hruska United States Courthouse, Omaha, Nebraska. A Jury trial is set to commence, on October 8, 2013 at 9:30 A.M., in Omaha, Nebraska, before the Honorable F.A. Gossett III, United States Magistrate Judge. Ordered by Magistrate Judge F.A. Gossett. (TCL )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TIMOTHY A. CUSATIS, JR., Personal
Representative of the ESTATE OF
BRADLEY G. CUSATIS, SR., and
THE ESTATE OF BRANDON L.
TAYLOR, by and through its
LEO TRUCKING, INC., and
AJAIB S. NANREH,
Case No. 8:12cv72
ORDER FOR PROGRESSION
This case is before the court on theSecond Motion to Amend Progression Order
(Filing #80), between Plaintiff Estate of Brandon L. Taylor, by and through its Personal
Representative, and Defendants. It is granted and in accordance with the parties' motion,
The amendments to the Rule 26(f) report as proposed are hereby adopted and the
following progression shall be followed:
IT IS ORDERED:
Consent to Trial Before Magistrate Judge. Per the joint motion (#80), the
parties have voluntarily consented to have the United States Magistrate Judge conduct any
and all further proceedings in this case, including the trial and order the entry of final
Mandatory Disclosures described in Fed. R. Civ. P. 26(a)(1) shall be served
by March 1, 2013.
The filing of disclosures under Fed. R. Civ. P. 26(a)(1), and (2), as well as
the filing of discovery documents, depositions, and disclosures required by this order shall
be governed by NECivR 26.1. The disclosures required by Fed. R. Civ. P. 26(a)(3) shall be
filed when served. Note: Disclosures that are filed should be redacted so no personal
information (e.g., home addresses, phone numbers, Social Security numbers, etc.)
is made part of the public record.
Withholding Documents from Disclosure or Discovery. If any document
is withheld from production or disclosure on the grounds of privilege or work product, the
producing party shall disclose the following information about each such document withheld:
a description of the document withheld with as much specificity as is practicable without
disclosing its contents, including (a) the general nature of the document; (b) the identity and
position of its author; (c) the date it was written; (d) the identity and position of its
addressee; (e) the identities and positions of all persons who were given or have received
copies of it and the dates copies were received by them; (f) the document's present location
and the identity and position of its custodian; and (g) the specific reason or reasons why it
has been withheld from production or disclosure.
Limits on Discovery. Each party is limited to serving fifty (50)
interrogatories on any other party. The plaintiffs as a group, and the defendants as a group,
are each limited to taking twelve (12) depositions in this case, without leave of court.
Adding Parties; Amending Pleadings. Any motion to amend pleadings
and/or add parties shall be filed not later than May 1, 2013.
The stipulations of the parties regarding discovery and progression matters
set forth in their Second Motion to Amend Progression (#80), not in conflict with the
provisions of this order, are approved and adopted.
Motions for Summary Judgment. Motions for summary judgment shall be
filed not later than July 1, 2013. See NECivR 56.1 and 7.0.1.
Deposition Deadline. All depositions, whether or not they are intended to be
used at trial, shall be completed by July 30, 2013.
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 completed by July 30, 2013. 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
Discovery Motions. Discovery motions shall be filed not later than July 30,
2013, 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 7.0.1(i).
Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and
cross-claimant shall, as soon as practicable but not later than June 1, 2013, 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. Each defendant, counter-defendant, and cross-defendant
shall serve its statement of the expert witnesses it expects to call to testify pursuant to Rule
702, 703 or 705, Fed. Rules of Evidence, pursuant to Fed. R. Civ. P. 26(a)(2) as soon
thereafter as practicable, but not later than July 15, 2013. If necessary to refute the
disclosed opinions of an expert witness of an opponent, a plaintiff, counter-claimant, or
cross-claimant may disclose additional expert witnesses not later than August 15, 2013,
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 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.
Pretrial Disclosures. 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:
Nonexpert Witnesses - On or before August 21, 2013: The name,
address and telephone number2 of each witness, separately identifying those
whom the party expects to present and those whom the party may call if the
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 (15) days prior to the deposition deadline.
Trial Exhibits - On or before August 21, 2013: A list of all exhibits it
expects to offer by providing a numbered listing and permitting examination of
A treating physician must be identified pursuant to Fed. R. Civ. P. 26(a)(2)(A), but a treating
physician is not deemed to be "retained or specially employed to provide expert testimony in a case"
so as to require a written report under Fed. R. Civ. P. 26(a)(2)(B).
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.
such exhibits, designating on the list those exhibits it may offer only if the need
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, see Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137
(1999), and Daubert v. Merrell-Dow Pharmaceuticals, 509 U.S. 579 (1993),
shall be filed by September 1, 2013 and 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 September 6, 2013.
The Final Pretrial Conference with the undersigned magistrate judge is set
for September 16, 2013 at 10:30 A.M., in chambers, 111 South 18th Plaza, Suite 2210,
Roman L. Hruska United States Courthouse, 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.
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.
Mediation and Settlement:
If the parties intend to 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 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.
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.
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
A Jury trial is set to commence, on October 8, 2013 at 9:30 A.M., in
Omaha, Nebraska, before the Honorable F.A. Gossett III, United States Magistrate Judge.
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: January 28, 2013.
BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?