James et al v. Midlands Choice, Inc.

Filing 98

SECOND AMENDED ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE granting 97 Motion to Extend. Depositions shall be completed by 10/28/14. Pretrial Conference set for 3/20/2015 at 02:00 PM in Chambers before Magistrate Judge Thomas D. Thalken . Jury Trial set to commence, at the court's call, during the week of 4/27/2015 in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DEBRA K. JAMES,
Plaintiff,

8:13CV69

vs.
MIDLANDS CHOICE, INC.,
Defendant.

SECOND AMENDED ORDER
SETTING FINAL SCHEDULE
FOR PROGRESSION OF CASE

This matter is before the court on the Joint Motion and Stipulation to Extend
Scheduling Order Deadlines (Filing No. 97).

Upon consideration,

IT IS ORDERED: the Joint Motion and Stipulation to Extend Scheduling Order
Deadlines (Filing No. 97) is granted.

IT IS FURTHER ORDERED: The provisions of the court’s earlier progression
orders 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 November 28, 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 October 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.
c.

Discovery Motions. Discovery motions shall be filed not later than

October 1, 2014, 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 7.1(i).
3.

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 November 20, 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 March 6, 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. Any motions in limine shall be filed on or before

March 13, 2015.

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.
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5.

The Final Pretrial Conference with the undersigned magistrate judge is

set for March 20, 2015, at 2:00 p.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.
6.

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 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

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

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.

Trial is set to commence, at the court’s call, during the week of April 27,

2015, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon and a jury for
three to four days.

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 25th day of August, 2014.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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