Richardson International (US) Limited et al v. Buhler Inc
Filing
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AMENDED ORDER granting 58 Joint Stipulations Concerning Scheduling Order. The deadlines are amended as requested and as set out in this order. The 1/10/2017 pretrial conference date and the 2/13/2017 trial date remain unchanged. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICHARDSON INTERNATIONAL
(US) LIMITED, and NATIONWIDE
AGRIBUSINESS INSURANCE
COMPANY,
Plaintiffs,
v.
BUHLER INC,
Defendant.
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Case No. 8:14CV148
AMENDED ORDER
This matter is before the Court on the Joint Stipulations Concerning Scheduling Order
(Filing 58). The motion is granted.
Accordingly,
IT IS ORDERED as follows:
1.
Motions for Summary Judgment. Motions for summary judgment shall be
filed not later than November 11, 2016. 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, 2016.
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 July 24, 2016. 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
April 10, 2016, 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. Plaintiff, as soon as practicable but not later
than September 9, 2016, 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 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 November 4, 2016. 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 November 18, 2016, 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 December 10, 2016: 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 at this time.
c. Trial Exhibits - On or before December 10, 2016: 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.
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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
trialunder 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 November 24, 2016, 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 January 6,
2017.
6.
The Final Pretrial Conference with the undersigned magistrate judge is set
for January 10, 2017, at 10:00 AM, 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. 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.
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
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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
February 13, 2017 in Omaha, Nebraska, before the Honorable Joseph F. Bataillon, Senior
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: August 9, 2016.
BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge
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