Home Instead, Inc. v. Florance et al

Filing 139

MEMORANDUM AND ORDER granting in part the plaintiff's objection to defendant's Notice of Compliance 134 . The defendants' motion for extension of time and to continue the case progression schedule 123 is granted. The unexpired case progression deadlines, including the trial and pretrial conference settings, are set aside pending further order of the court. On or before January 21, 2014, the defendants shall supplement their written discovery responses. If after reviewing the au dio file, the parties have any remaining discovery questions, or if new questions arise, defense counsel shall bring those issues to the court's attention immediately, and no later than January 10, 2014, to set a conference call on the questions or issues in dispute. As to setting a new progression schedule, on or before February 11, 2014, the parties shall either: 1) file an abbreviated Rule 26(f) report; or 2) send an email to [e-mail] which outlines the parties' proposed case progression deadlines; or 3) contact my chambers to set a conference call for discussing case progression. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HOME INSTEAD, INC., a Nebraska Corp.;
Plaintiff,

8:12CV264

vs.
MEMORANDUM AND ORDER
DAVID FLORANCE, MICHELLE
FLORANCE, FRIEND OF A FRIEND, INC.,
Defendants.
After conferring with counsel on the record,
1)
The plaintiff’s objection to defendant’s Notice of Compliance, (Filing No. 134),
is granted in part as set forth in the audio file today’s conference, (Filing No. 137).
2)
The defendants motion for extension of time and to continue the case progression
schedule, (Filing No. 123), is granted as follows:
a.
The unexpired case progression deadlines, including the trial and pretrial
conference settings, are set aside pending further order of the court.
b.
On or before January 21, 2014, the defendants shall supplement their written
discovery responses in accordance with the court’s rulings and the parties’ agreements
entered on the record, (see, Filing No. 137), during today’s hearing.
c.
If after reviewing the audio file, the parties have any remaining discovery
questions, or if new questions arise, defense counsel shall bring those issues to the court’s
attention immediately, and no later than January 10, 2014, to set a conference call on the
questions or issues in dispute.
d.
As to setting a new progression schedule, on or before February 11, 2014, the
parties shall either: 1) file an abbreviated Rule 26(f) report (a copy of which is attached)
for setting new case deadlines; or 2) send an email (copied to all parties) to
[e-mail] which outlines the parties’ proposed case progression deadlines;
or 3) contact my chambers at [phone] to set a conference call for discussing case
progression.
December 23, 2013.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

Plaintiff,

ABBREVIATED
RULE 26(F) REPORT

vs.

Defendant.
The following attorneys conferred to prepare the Report of Parties’ Planning
Conference for the above-captioned case:
(Identify, for each party, the counsel who participated in preparing the Rule 26(f)
Report).
The parties discussed the case and jointly make the following report:

1)

Experts.
a)

b)

Experts and, unless otherwise agreed, expert reports shall be served
by _________________. Note: The parties may agree on separate
dates for the plaintiff(s) and the defendant(s).

c)

2)

If expert witnesses are expected to testify at the trial, counsel agree
to at least identify such experts, by name and address, (i.e., without
the full reports required by Rule 26(a)(2)), by _________________.

Motions to exclude expert testimony on Daubert and related grounds
will be filed by _________________.

Depositions, whether or not they are intended to be used at trial, will be
completed by _________________.

3)

Motions to dismiss and/or for summary judgment will be filed by
_____________.

4)

This case will be ready for trial before the court by: (month, year) , and the
estimated length of trial is _____ days.

Dated: ________________________

______________________________
Counsel for Plaintiff(s)

______________________________
Counsel for Defendant(s)

CERTIFICATE OF SERVICE

I hereby certify that on ______________, I electronically filed the foregoing with
the Clerk of the Court using the CM/ECF system, which will send notification of such
filing to the following: ______________________________________________, and I
hereby certify that I have mailed by United States Postal Service the document to the
following non CM/ECF participants: _________________________________________.

s/______________________________