Ribeiro et al v. Baby Trend, Inc.

Filing 325

ORDER AMENDING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting 318 unopposed Motion to Continue. Pretrial Conference set for 1/30/2017 at 10:00 AM in Chambers before Magistrate Judge F.A. Gossett. Jury Trial set for 2/27/2017 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Ordered by Magistrate Judge F.A. Gossett. (ARL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
FRANCO RIBEIRO and DEANNA
RIBEIRO, as individuals and as next
friends and biological parents of
LUCAS RIBEIRO, an infant,
Plaintiffs,
vs.
BABY TREND, INC., et al.,
Defendants.

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CASE NO. 8:12cv204

ORDER AMENDING FINAL SCHEDULE
FOR PROGRESSION OF CASE

This case is before the Court on Plaintiffs' Unopposed Motion to Continue Trial
and All Deadlines (Filing No. 318). After careful consideration the Court grants such
motion.
IT IS ORDERED that the deadlines and dates set forth in the Court's May 4,
2015 Order Setting Final Schedule for Progression of Case are amended as follows:
1.

Motions for Summary Judgment shall be filed no later than October 1,
2016.

2.

Discovery Deadlines:
a.

Deposition Deadline. All depositions, whether or not they are
intended to be used at trial, shall be completed by July 1, 2016.

b.

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
October 28, 2016. 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 motion.

c.

Discovery Motions. Discovery motions shall be filed not later than
July 1, 2016, as to matters which are then ripe for decision;
discovery matters arising after that date may be the subject of
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motions until the deposition deadline. Counsel are reminded of the
provisions of NECivR 7.0.1(i).
3.
Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and
cross-claimant shall, as soon as practicable but not later than May 11, 2016, 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 crossdefendant 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 7, 2016. If necessary
to refute the disclosed opinions of an expert witness of an opponent, a plaintiff, counterclaimant, or cross-claimant may disclose additional expert witnesses not later than July
28, 2016, 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.
4.
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:
a. Nonexpert Witnesses - On or before December 15, 2016: 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 need
arises.
b. Deposition Testimony and Discovery - The designation of discovery
testimony and discovery responses intended to be utilized at trial is not required
at this time.
c. Trial Exhibits - On or before December 15, 2016: 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.

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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).
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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.

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d. 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.
5.

Motions in Limine.

a. 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 December 1, 2016, 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.
b. Any other motions in limine shall be filed on or before December 29,
2016.
6.
The Final Pretrial Conference with the undersigned magistrate judge is
set for Monday, January 30, 2017, at 10:00 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 on behalf of their clients at the pretrial
conference, and counsel shall be prepared to make or opine on recommendations for
further negotiations and conferences.
7.

Mediation and Settlement:

a. 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.
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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.

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b. 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.
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.
8.
A jury trial is set to commence, at the court's call, during the week of
February 27, 2017, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon,
Senior United States District Judge. Unless otherwise ordered, jury selection shall be at
the commencement of trial.
9.
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: December 30, 2015.
BY THE COURT:

s/ F.A. Gossett, III
United States Magistrate Judge

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