West Plains, L.L.C. v. Retzlaff Grain Company Incorporated, et al

Filing 134

FOURTH AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting #133 Joint Motion to Amend. The deposition deadline is 10/31/2015. The final pretrial conference before Magistrate Judge F.A. Gossett is set for 10/19/2015 at 10:30 A.M., in chambers. The jury trial is set for the week of 11/17/2015 at 8:30 A.M., before Chief Judge Laurie Smith Camp, Courtroom 2, 3rd Floor of the Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Magistrate Judge F.A. Gossett. (ARL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WEST PLAINS, LLC,
d/b/a CT FREIGHT COMPANY,

)
)
)
Plaintiff,
)
)
v.
)
)
RETZLAFF GRAIN COMPANY,
)
INCORPORATED d/b/a RFG LOGISTICS,
)
BRYCE WELLS, JEFFREY BRADLEY,
)
THOMAS DANNER, REBECCA DANNER,
)
JODY MAY, CHAD NEEDHAM,
)
TODD PAYZANT, SAMANTHA RHONE,
)
CRYSTAL KONECKY, CINDY SCHOLTING, )
AND DREW WAGGONER,
)
)
Defendants.
)

Case No. 8:13-CV-00047

FOURTH AMENDED ORDER
SETTING FINAL SCHEDULE
FOR PROGRESSION OF CASE

This case is before the court on the Joint Motion to Amend Progression Order (#133). The
motion will be granted.
IT IS ORDERED, that the provisions of the court’s earlier, initial progression order remain
in effect, and in addition to those provisions, the following amended deadlines shall apply:
1.

Motions for Summary Judgment. All summary judgment motions have been filed

and submitted to the Court.
2.

Discovery Deadlines:
a.

Deposition Deadline. All depositions, whether or not they are intended to be

used at trial, shall be completed by October 31, 2015. All interrogatories, requests for
admissions, and requests for production or inspection, whether or not they are intended to be
used at trial, shall be served sufficiently early to allow for a timely response before that date.
Counsel may stipulate to extensions of time to respond to discovery requests in accordance
with Fed. R. Civ. P. 29, as amended, but such extensions shall not extend any of the dates in

this Order, and any requests for extensions of any of the deadlines herein shall be made by
appropriate motion and order.
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 August 31, 2015. 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

September 30, 2015 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).
3.

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 October 2, 2015: Each party shall

provide to all other parties the name 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 – On or before October 2, 2015: (1)

The portions of each deposition, designated by page and line, that it intends to offer and (2)
each discovery response of another party it intends to offer. Such designations and any

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objections thereto shall also be included in the final pretrial conference order. See NECivR
16.2.
c.

Trial Exhibits – On or before October 2, 2015: 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 and 403) is a waiver of such objections,
unless excused by the Court for good cause shown.
4.

Motions in Limine:
a.

Daubert Motions. Any motion in limine challenging the admissibility of

testimony of an expert witness under Fed. R. Evid. 702, shall be filed by September 18,
2015, in the absence of which any objection based upon said rule shall be deemed waived.
See Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999), and Daubert v. Merrell-Dow
Pharmaceuticals, 509 U.S. 579 (1993).
b.
5.

Any other motions in limine shall be filed no later than October 12, 2015.

The Final Pretrial Conference with the undersigned magistrate judge is set for

October 19, 2015, 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

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directed in NECivR 16.2.1 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.
6.

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 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.
b.

Not later than two weeks prior to trial, plaintiff or plaintiff’s counsel shall

serve on defendants or defendants’ counsel, a written, updated settlement proposal.
Defendants or defendants’ counsel shall respond in writing to such proposal not later than one
week before trial.

1 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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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.
7.

A jury trial is set to commence, at the court’s call, during the week of November 17,

2015, in Omaha, Nebraska, before The Honorable Laurie Smith Camp, Chief United States
District Judge. Unless otherwise ordered, jury selection shall be at the commencement of trial.
8.

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 27th day of July, 2015.
BY THE COURT:

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

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