Broom, Clarkson, Lanphier & Yamamoto v. Kountze

Filing 143

FOURTH AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE that the parties' Joint Motion to Amend Progression Order and Briefing Schedule (Filing No. 142 ) is granted as set forth below. Deposition Deadline November 30, 2016. M otions in Limine, the briefing schedule on the parties' respective motions in limine challenging the admissibility of expert testimony at trial under Fed. R. Evid. 702 (Filing Nos. 136-140) are extended to allow the response briefs to be file d by December 30, 2016, and reply briefs to be filed by January 9, 2017. The Final Pretrial Conference with the undersigned magistrate judge is set for March 7, 2017, at 10:00 a.m. in chambers, Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Trial is set during the week of March 13, 1017 in Omaha, Nebraska before the Honorable Robert F. Rossiter, Jr.. Ordered by Magistrate Judge Thomas D. Thalken. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BROOM, CLARKSON, LANPHIER &
YAMAMOTO, a Partnership,
8:14CV206
Plaintiff,
vs.
EDWARD KOUNTZE, individually and
as Personal Representative of the
Estate of Denman Kountze, Jr. in
Collier County, Florida,

FOURTH AMENDED ORDER
SETTING FINAL SCHEDULE FOR
PROGRESSION OF CASE

Defendant.
This matter is before the court on the parties’ Joint Motion to Amend Progression
Order and Briefing Schedule (Filing No. 142). The court finds good cause exists to
modify the progression order and other deadlines as requested. Accordingly,
IT IS ORDERED: The parties’ Joint Motion to Amend Progression Order and
Briefing Schedule (Filing No. 142) is granted as set forth below.

IT IS FURTHER ORDERED:
1.

Deposition Deadline. All depositions, whether or not they are intended to

be used at trial, shall be completed by November 30, 2016.
2.

Motions in Limine.
a.

The briefing schedule on the parties’ respective motions in limine

challenging the admissibility of expert testimony at trial under Fed. R. Evid. 702
(Filing Nos. 136-140) are extended to allow the response briefs to be filed by
December 30, 2016, and reply briefs to be filed by January 9, 2017.
b.

Any motions in limine, other than those challenging the admissibility

of expert testimony at trial under Fed. R. Evid. 702, shall be filed on or before
February 28, 2017.
3.

Trial Exhibits - On or before February 13, 2017: 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

4.

The Final Pretrial Conference with the undersigned magistrate judge is

set for March 7, 2017, at 10:00 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. 1 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.
5.

Settlement.
a.

Not later than two weeks prior to trial, plaintiff or plaintiff’s counsel

shall serve on defendants or defendants’ counsel a written, updated settlement
proposal. Defendants or defendants’ counsel shall respond in writing to such
proposal not later than one week before trial.
b.

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.
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

1

All personal information should be redacted from the public version of the order and/or attachments filed
with the clerk. See NECivR 5.3.
2

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.
6.

Trial is set to commence, at the court’s call, during the week of March 13,

2017, in Omaha, Nebraska, before the Honorable Robert F. Rossiter, Jr. and a jury.
Unless otherwise ordered, jury selection shall be at the commencement of trial.
7.

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 30th day of October, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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