Johnson et al v. City of Omaha Nebraska et al

Filing 81

SECOND AMENDED FINAL PROGRESSION ORDER - This matter is before the court on the Plaintiff's Motion for Extension of Time to disclose expert reports and to complete discovery 80 . Jury Trial set for 11/30/2015 at 09:00 AM in Courtroom 5, Roma n L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom; Pretrial Conference set for 11/13/2015 at 09:30 AM in Chambers before Magistrate Judge F.A. Gossett. Ordered by Senior Judge Lyle E. Strom. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
OCTAVIUS JOHNSON, individuals;
DEMETRIUS JOHNSON, individuals;
JUAQUEZ JOHNSON, individuals;
SHARON JOHNSON, individuals;
SHAREE JOHNSON, individuals
Plaintiff,

8:14CV4
SECOND AMENDED FINAL
PROGRESSION ORDER

vs.
CITY OF OMAHA, a political
subdivision, OMAHA POLICE
DEPARTMENT, a Department of the City
of Omaha; TODD SCHMADERER, in his
capacity of chief of the Omaha Police
Department; AARON P. VON BEHREN,
individually and as an officer of the
OPD; BRADLEY D. CANTERBURY,
individually and as an officer of the
OPD; JAMES T. KINSELLA, individually
and as an officer of the OPD; JUSTIN A.
REEVE, individually and as an officer of
the OPD; JOSEPH E. KOENIG,
individually and as an officer of the
OPD; JOHN D. PAYNE, Individually and
as an officer of the OPD; DYEA L.
ROWLAND, individually and as an
officer of the OPD; MATTHEW C.
WORM, individually and as an officer of
the OPD; JOHN AND JANE DOES 2-24;
CHRISTOPHER J. OLSON
Defendants.
This matter is before the court on the Plaintiff’s Motion for Extension of Time to
Disclose Expert Reports and to Complete Discovery [80].

IT IS ORDERED:
1.

Mandatory Disclosures. The mandatory disclosures described in Fed.

R. Civ. P. 26(a)(1) have been completed.
2.

Discovery Deadline. All discovery, whether or not intended to be used at

trial, shall be completed by October 15, 2015.

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 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; any requests for extensions of any of the deadlines herein
shall be made by appropriate motion and order.
3.

Limits on Discovery. Each side is limited to serving twenty-five (25)

interrogatories, including subparts, on any other party. Each side is limited to taking
twenty-five (25) depositions in this case, excluding expert depositions, without leave
of court.
4.

Disclosure of Expert Witnesses.1

On or before April 6, 2015, the

plaintiff shall identify all expert witnesses and shall serve the defendant

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. On or before June 8, 2015, the defendant shall identify all expert witnesses
and shall serve the plaintiff 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 Rules 702, 703, or 705, Federal Rules of Evidence. If necessary to refute
the disclosed opinions of an expert witness of an opponent, a party may disclose
additional expert witnesses not later than fifteen (15) days prior to the date set for
completion of depositions, 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 deposition.
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

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Generally, a treating physician shall not be deemed to be “retained or
specially employed to provide expert testimony in a case” within the meaning
of Fed. R. Civ. P. 26(a)(2)(B), but a treating physician must be identified
pursuant to Fed. R. Civ. P. 26(a)(2)(A).

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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.
5.

Pretrial Disclosures: Pursuant to Fed. R. Civ. P. 26(a)(3), each party

shall provide to all other parties the following information regarding the evidence that 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 - 30 days prior to deposition deadline: 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 - 5 days before final pretrial

conference: 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 objections thereto shall also be included in the final pretrial
conference order. See NELR 16.2.
C.

Trial Exhibits - 5 working days before final pretrial conference: A list

of all exhibits it expects to offer by providing a numbered listing and permitting
examination of such exhibits. The parties shall also designate on the list those exhibits
it may offer only if the need arises.
D.

Waiver of Objections: Any objections to the use of witnesses, deposition

designations, discovery responses, or exhibits shall be listed in the pretrial order.
Failure to list objections (except those under Fed. R. Evid. 402 and 403) shall be
deemed waived, unless excused by the court for good cause shown.
E.

Filing of Disclosures: The filing of pretrial disclosures required by Fed.

R. Civ. P. 26(a)(3) shall be deemed filed at the time of the filing of the Order on Final
Pretrial Conference in this matter.
6.

Expert Witness Testimony. Any motion challenging the qualifications of

an expert or the admissibility of testimony of an expert witness under Rule 702, Fed.
Rules of Evidence shall be filed not later than July 2, 2015, in the absence of which any
objection based upon said rule shall be deemed waived. See Kumho Tire Co., Ltd. v.
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Carmichael, 526 U.S. 137 (1999); Daubert v. Merrell Dow Pharmaceuticals, 509
U.S. 579 (1993).
7.

Rule 104 Hearings. Any pretrial motion which will require an evidentiary

hearing pursuant to Fed. R. Evid. 104 shall be filed not later than five (5) working days
following the deadline for the completion of depositions.
In addition, if the requested hearing involves a Daubert - Kumho question
regarding an expert, the expert’s disclosure under Fed. R. Civ. P. 26(2)(2)(A)&(B) must
be submitted to Judge Strom’s chambers when the motion is filed.
Absence of a request for a hearing may be deemed waiver of the right to a
hearing. A brief in support and all material regarding the requested hearing must be
delivered to Judge Strom’s chambers when the Rule 104 hearing motion is filed.
Opposing parties are given ten (10) days thereafter to deliver briefs in opposition.
8.

All motions for summary judgment shall be filed on or before January

30, 2015 for all defendants on qualified immunity, and by April 3, 2015 on the merits.
See NELR 56.1 and 7.1.
9.

The Final Pretrial Conference is set for November 13, 2015 at 9:30 a.m.

before Magistrate F. A. Gossett, in chambers, Suite 2210, 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 NELR 16.2. By the
time of the pretrial conference, full preparation for trial shall have been made so that trial
may begin at any time during the session indicated below.
10.

All other provisions of parties joint planning conference report not

addressed in this order shall be deemed submitted and adopted by the Court.
11.

Trial is set to commence at 9:00 a.m. on November 30, 2015, in Omaha,

Nebraska, before the Honorable Lyle E. Strom and a jury.
12.

Adding Parties; Amending Pleadings. Any motions to add parties or to

amend pleadings to this action shall be filed on or before August 30, 2014.
13.

Motions to Alter Dates. All requests for changes of date settings shall be

directed to the undersigned judge by appropriate motion.
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Dated this 3rd day of March, 2015.
BY THE COURT:

/s/ Lyle E. Strom
LYLE E. STROM, Senior Judge
United States District Court

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