Olson Industries, Inc. v. Precision Coatings, Inc.
AMENDED ORDER SETTING SCHEDULE FOR PROGRESSION OF A CIVIL CASE - The parties' Stipulated Motion to Amend Final Progression Order 27 is granted. Depositions due October 16, 2015. Jury Trial set for 12/14/2015 at 09:00 AM in Courtroom 3, Rom an L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Pretrial Conference set for 11/6/2015 at 09:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
OLSON INDUSTRIES, INC.,
PRECISION COATINGS, INC.,
SETTING FINAL SCHEDULE
FOR PROGRESSION OF CASE
This matter is before the court on the parties’ Stipulated Motion to Amend Final
Progression Order (Filing No. 27). Upon consideration:
IT IS ORDERED:
The parties’ Stipulated Motion to Amend Final Progression Order (Filing No. 27)
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:
Motions for Summary Judgment. Motions for summary judgment shall
be filed not later than August 7, 2015. See NECivR 56.1 and 7.1.
All depositions, whether or not they are
intended to be used at trial, shall be completed by October 16, 2015.
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.
Discovery Motions. Discovery motions shall be filed not later than
September 4, 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 7.1(i).
Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and
cross-claimant shall, as soon as practicable but not later than June 1, 2015, 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 crossdefendant 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 July 31, 2015.
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 August 31, 2015, 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.
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:
Witnesses - On or before March 30, 2015: 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.
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).
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.
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.
Trial Exhibits - On or before October 26, 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.
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.
Motions in Limine.
Motions in limine challenging the admissibility of expert testimony at
trial under Fed. R. Evid. 702 shall be filed by September 15, 2015. 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.
Any other motions in limine shall be filed on or before October 23,
The Final Pretrial Conference with the undersigned magistrate judge is
set for November 6, 2015, at 9:00 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
All personal information should be redacted from the public version of the order and/or attachments
filed with the clerk. See NECivR 5.3.
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.
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.
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.
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.
Trial is set to commence, at the court’s call, during the week of December
14, 2015, for three to four days in Omaha, Nebraska, before the Honorable Joseph F.
Bataillon and a jury.
Unless otherwise ordered, jury selection shall be at the
commencement of trial.
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 6th day of February, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge
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