Bremmer et al v. Appleton Electric, LLC et al
Filing
74
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE granting 72 Unopposed Motion for Extension of Deadlines. Final Pretrial Conference set for 4/24/2014 at 10:30 AM in Chambers before Magistrate Judge Thomas D. Thalken. Jury Trial set for 5/12/2014 at 09:00 AM in Courtroom 7, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICK BREMMER and
WASTE CONNECTIONS, INC.,
8:12CV436
Plaintiffs,
vs.
APPLETON ELECTRIC, LLC, and
EMERSON ELECTRIC, LLC.,
AMENDED ORDER
SETTING FINAL SCHEDULE
FOR PROGRESSION OF CASE
Defendants.
This matter is before the court on the defendants’ Unopposed Motion for Extension
of Deadlines (Filing No. 72). The defendants seek an extension of all deadlines for sixty
days. Upon consideration,
IT IS ORDERED: The provisions of the court’s earlier, initial progression order
remain in effect, and in addition to those provisions, the following shall apply:
1.
Motions for Summary Judgment. Motions for summary judgment shall be
filed not later than March 17, 2014. See NECivR 56.1 and 7.1.
2.
Discovery Deadlines.
a.
Deposition Deadline.
All depositions, whether or not they are
intended to be used at trial, shall be completed by March 28, 2014.
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 served sufficiently early to allow rule time
response before the deposition deadline. 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.
3.
Disclosure of Expert Witnesses.1 Each defendant shall serve its statement
of the expert witnesses it expects to call to testify pursuant to Rule 702, 703 or 705, Fed.
1
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).
Rules of Evidence, pursuant to Fed. R. Civ. P. 26(a)(2) as soon thereafter as practicable,
but not later than February 21, 2014. If necessary to refute the disclosed opinions of an
expert witness of an opponent, the plaintiff may disclose additional expert witnesses not
later than March 13, 2014, 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.2 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.
Witnesses - On or before February 28, 2014: The name, address
and telephone number 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 for
this case. Motions to require such designations may be filed not later than fifteen
days prior to the deposition deadline.
c.
Trial Exhibits - On or before April 17, 2014: 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.
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
2
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, phone numbers, and
other personally identifying information of witnesses, but shall serve an unredacted version on opposing
parties. See NECivR 5.3.
2
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 shall be filed by March 27, 2014. See Kumho Tire
Co., Ltd. v. Carmichael, 526 U.S. 137 (1999); Daubert v. Merrell-Dow Pharms.,
509 U.S. 579 (1993). The motions should be 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.
6.
Any other motions in limine shall be filed on or before April 21, 2014.
The Final Pretrial Conference with the undersigned magistrate judge is set
for April 24, 2014, at 10:30 a.m. in chambers, Suite 2271, Roman L. Hruska United States
Courthouse, 111 South 18th Plaza, 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.
7.
Settlement.
a.
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.
b.
In the event the parties mediate their dispute, notice of the mediation
shall be given to the staff of the magistrate judge’s office. The filing of a mediation
3
All personal information should be redacted from the public version of the order and/or attachments filed
with the clerk. See NECivR 5.3.
3
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.
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.
Trial is set to commence, at the court’s call, during the week of May 12,
2014, in Omaha, Nebraska, before the undersigned magistrate judge and a jury for two to
four days. 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 this 20th day of December, 2013.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge
4
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