Wheeler v. Zimmer, Inc.

Filing 25

ORDER granting 24 Motion to Amend Final Progression Order. Depositions are due on February 4, 2014. The jury trial is set before District Judge John M. Gerrard, in Courtroom 1, United State Courthouse, Lincoln, Nebraska at 9:00 a.m. on June 17, 2014. The pretrial conference is scheduled to be held before Magistrate Judge Cheryl R. Zwart on June 3, 2014 at 9:00 a.m. by WebEx. An email will be sent to counsel of record with the instructions and codes for participatin g in the pretrial conference by WebEx. A telephonic conference with Magistrate Judge Zwart will be held on November 14, 2013 at 10:00 a.m. to discuss the status of case progression and potential settlement. Counsel for plaintiff shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROGER W. WHEELER,
Plaintiff,

8:12CV253

vs.
AMENDED FINAL PROGRESSION
ORDER

ZIMMER, INC.,
Defendant.

Upon the parties’ joint motion, (Filing No. 24), which is hereby granted,
IT IS ORDERED that an amended progression order is entered as follows:
A.

Transfer and Inspection of Devices at Issue.

1)

Plaintiff will transfer the devices at issue to Defendant by April 9, 2013 for
Defendant's inspection and specific product identification.

2)

Defendant will return the devices at issue to Plaintiff by April 30, 2013 approximately 21 days after Defendant's initial receipt of the devices at
issue from Plaintiff for Defendant's inspection and specific product
identification.

3)

Defendant will serve its responses (and objections) to Plaintiff’s First
Interrogatories and First Requests for Production of Documents (which
were served February 28, 2013) by June 14, 2013 - approximately 65 days
after transfer of the devices at issue to Defendant for specific product
identification and inspection.

4)

On or before August 4, 2013, Plaintiff will transfer the devices at issue to
Defendant for inspection by Defendant's consultants and experts.

5)

Defendant will transfer and return the devices at issue to Plaintiff by
October 10, 2013.

6)

All transfers and inspections of the devices at issue shall be conducted in
accordance with the Stipulation Regarding Device Inspection entered into
by the Parties and the Stipulation's accompanying Protocol for Shipping,

Handling, Inspection, and Cleaning of the Devices and Chain of Custody
Form.
B.

Amended Progression Order.

1)

The jury trial of this case is set to commence before John M. Gerrard,
United States District Judge, in Courtroom 1, United States Courthouse,
Lincoln, Nebraska at 9:00 a.m. on June 17, 2014, or as soon thereafter as
the case may be called, for a duration of seven (7) trial days. This case is
subject to the prior trial of criminal cases and such other civil cases as may
be scheduled for trial before this one. Jury selection will be held at
commencement of trial.

2)

The Pretrial Conference is scheduled to be held before the undersigned
magistrate judge on June 3, 2014 at 9:00 a.m., and will be conducted by
WebEx conferencing. To facilitate this conferencing method, the parties’
proposed Pretrial Conference Order and Exhibit List(s) must be emailed to
[e-mail], in either Word Perfect or Word format, by 5:00
p.m. on June 2, 2014. An email will be sent to counsel of record with the
instructions and codes for participating in the pretrial conference by
WebEx.

3)

A telephonic conference with the undersigned magistrate judge will be held
on November 14, 2013 at 10:00 a.m. to discuss the status of case
progression and potential settlement. Counsel for plaintiff shall place the
call.

4)

The deadline for moving to amend pleadings or add parties is December 4,
2013.

5)

The deadline for completing written discovery under Rules 33 through 36
of the Federal Rules of Civil Procedure is January 22, 2014. Motions to
compel Rule 33 through 36 discovery must be filed by January 8, 2014.

6)

The deadlines for identifying expert witnesses expected to testify at the trial
are:
For the Plaintiff(s):
For the Defendant:

7)

August 1, 2013
October 4, 2013

The deadlines for complete expert disclosures, (both retained experts, (Fed.
R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P.
26(a)(2)(C)), are:
2

For the plaintiff(s):
For the defendant(s):
For rebuttal:

August 1, 2013
October 4, 2013
November 4, 2013

8)

The deposition deadline is February 4, 2014.

9)

The deadline for filing motions to dismiss and motions for summary
judgment is March 7, 2014.

10)

The deadline for filing motions to exclude testimony on Daubert and
related grounds is March 7, 2014.

11)

Motions in limine shall be filed five business days prior to trial. It is not
the normal practice to hold hearings on motions in limine or to rule on them
in advance. Counsel should plan accordingly.

12)

The parties shall comply with all other stipulations and agreements recited
in their Rule 26(f) planning report that are not inconsistent with this order.

March 25, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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