Kaiser v. Gallup, Inc.

Filing 89

FOURTH AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION, granting 88 the Stipulated Motion to Amend. The pretrial conference will be held on 6/29/2015 at 11:00 AM in chambers before Magistrate Judge F.A. Gossett. The jury trial before Chief Judge Laurie Smith Camp is set for the week of 7/21/2015 in Courtroom 2, Third Floor of the 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
SUSAN KAISER,
Plaintiff,
vs.
GALLUP, INC.,
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 8:13cv218

FOURTH AMENDED ORDER
SETTING FINAL SCHEDULE FOR
PROGRESSION

This case is before the court on the Stipulated Motion to Amend Progression Order (#88).
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 deadlines are amended as requested in said
motion, as follows:
1. Motions for Summary Judgment. Motions for summary judgment shall be filed not
later than January 30, 2015. See NECivR 56.1 and 7.0.1.
2.

Discovery Deadlines:

a. Deposition Deadline. All depositions, whether or not they are intended to be
used at trial, shall be completed by December 1, 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 completed by August 31, 2014. 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 December 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 7.0.1(i).

3. Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and cross-claimant
shall, as soon as practicable but not later than April 15, 2014, serve all opposing parties with the
statement required by Fed. R. Civ. P. 26(a)(2) regarding each expert witness it expects to call to
testify at trial pursuant to the provisions of Rule 702, 703 or 705, Fed. Rules of Evidence. Each
defendant, counter-defendant, and cross-defendant shall serve its statement of the expert
witnesses it expects to call to testify pursuant to Rule 702, 703 or 705, Fed. Rules of Evidence,
pursuant to Fed. R. Civ. P. 26(a)(2) as soon thereafter as practicable, but not later than August 15,
2014. If necessary to refute the disclosed opinions of an expert witness of an opponent, a plaintiff,
counter-claimant, or cross-claimant may disclose additional expert witnesses not later than
September 30, 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. 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 April 30, 2015: The name, address and
telephone number2 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 (15) days prior to the
deposition deadline.

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).
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, telephone numbers, and other personally identifying information of witnesses, but shall
serve an unredacted version on opposing parties. See NECivR 5.0.3.
-2-

c. Trial Exhibits - On or before April 30, 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.
5.

Motions in Limine.

a. Motions in limine challenging the admissibility of expert testimony at trial under
Fed. R. Evid. 702, see Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999), and
Daubert v. Merrell-Dow Pharmaceuticals, 509 U.S. 579 (1993), shall be filed by February 2,
2015, and 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.

Any other motions in limine shall be filed on or before April 9, 2015.

6. The Final Pretrial Conference with the undersigned magistrate judge is set for
June 29 , 2015, at 11:00 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 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.

3

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.
-3-

7.

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 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.
b. 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.
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. A jury trial is set to commence, at the court's call, during the week of July 21, 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.
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: December 22, 2014.
BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge

-4-