Teal v. Behave'n Day Center

Filing 28

AMENDED ORDER SETTING FINAL PROGRESSION OF CASE, granting 27 the Joint Motion to Amend. Depositions due 9/25/2015. Pretrial Conference set for 12/18/2015 at 11:00 A.M., in chambers before Magistrate Judge F.A. Gossett. Jury trial set for 1/19/2016 at 8:30 A.M., in Courtroom 3, 3rd Floor of the Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, before Senior Judge Joseph F. Bataillon. Ordered by Magistrate Judge F.A. Gossett. (ARL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRITTANY L. TEAL,
Plaintiff,
v.
BEHAVE’N DAY CENTER, INC., A
Nebraska Corporation,
Defendant.

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Case No. 8:14-CV-161

AMENDED
ORDER SETTING FINAL
PROGRESSION OF CASE

This case is before the court on the Joint Motion to Amend Progression Order (#27). The
motion will be granted. Therefore,
IT IS ORDERED that the provisions of the court's earlier, initial progression order
remain in effect, and in addition to those provisions, the following amended deadlines shall
apply:
1.
Motions for Summary Judgment. Motions for summary judgment shall be filed
not later than October 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 September 25, 2015.
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 31, 2015. 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
July 17, 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 7.0.1(i).
3.
Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and crossclaimant shall, as soon as practicable but not later than June 19, 2015, serve all opposing parties
with the statement required by Fed. R. Civ. P. 26(a)(2) regarding each expert witness it expects
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).

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
July 17, 2015. 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 July 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.
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 18, 2015, each party
shall provide to all other parties 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 – On or before December 18,
2015, (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 NECivR 16.2.
c.
Trial Exhibits – On or before December 18, 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.

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. 

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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 at least
by November 16, 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 no later than December 18,

2015.
6.
The Final Pretrial Conference with the undersigned magistrate judge is set for
December 18, 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.
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 January 5, 2016, 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
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.

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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 January
19, 2016, 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 this 9th day of April 2015.
BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge

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