Broom, Clarkson, Lanphier & Yamamoto v. Kountze

Filing 64

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE- The plaintiff's Unopposed Motion to Amend Progression Order 63 is granted as set forth within the order. Final Pretrial Conference set for September 16, 2016 at 10:00 a.m. in chambers of the undersigned; Jury Trial is set to commence, at the court's call, during the week of October 17, 2016 before the Honorable Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

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,

AMENDED ORDER
SETTING FINAL SCHEDULE
FOR PROGRESSION OF CASE

Defendant.
This matter is before the court on the plaintiff’s Unopposed Motion to Amend
Progression Order (Filing No. 63). The plaintiff seeks an extension of certain deadlines
by three months. The plaintiff states the proposed modifications do not change the
pretrial conference or trial date. However, the court finds good cause exists to modify
the progression order as requested, which would necessitate moving additional
deadlines, including the pretrial conference and the trial. Accordingly,
IT IS ORDERED: The plaintiff’s Unopposed Motion to Amend Progression Order
(Filing No. 63) is granted as set forth below.

IT IS FURTHER ORDERED:
1.

Motions to Dismiss or for Summary Judgment. Motions to dismiss or

for summary judgment shall be filed not later than May 2, 2016. See NECivR 56.1 and
7.1.
2.

Discovery Deadlines.
a.

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 December 30, 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.
b.

Fact Witness Deposition Deadline. All fact witness depositions,

whether or not they are intended to be used at trial, should be completed by
February 1, 2016.
c.

Deposition Deadline. Any deposition not already taken and to be

used at trial shall be completed by April 1, 2016.
3.

Expert witnesses are to be identified by name and address by the plaintiff

on or before December 30, 2015, and by the defendant on or before January 15, 2016.
4.

The plaintiff’s expert reports shall be served by February 1, 2016, and the

defendant’s expert reports shall be served by March 1, 2016.
5.

Motions in Limine.
a.

Motions in limine challenging the admissibility of expert testimony at

trial under Fed. R. Evid. 702 shall be filed by March 15, 2016. 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.
b.

Any other motions in limine shall be filed on or before September

9, 2016.
6.

Trial Exhibits - On or before September 2, 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.
7.

The Final Pretrial Conference with the undersigned magistrate judge is

set for September 16, 2016, 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. 3 By the
time of the pretrial conference, full preparation for trial shall have been made so that trial

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All personal information should be redacted from the public version of the order and/or attachments
filed with the clerk. See NECivR 5.3.
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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.
8.

Settlement.
a.

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.
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
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.
9.

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

17, 2016, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon and a jury for

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four to five days.

Unless otherwise ordered, jury selection shall be at the

commencement of trial.
10.

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 28th day of September, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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