Nelson v. Blue Cross and Blue Shield of Nebraska

Filing 94

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE- The parties' Joint Motion to Continue Trial Date and Related Deadlines 93 is granted. Non-Jury Trial set to commence, at the court's call, during the week of 3/21/2016 before Senior Judge Joseph F. Bataillon. The Final Pretrial Conference set for 2/22/2016 at 10:00 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
LYNN R. NELSON,
Plaintiff,

8:14CV228

vs.
BLUE CROSS AND BLUE SHIELD OF
NEBRASKA; CONAGRA FOODS, INC.,
as Sponsor of the ConAgra Foods, Inc.
Welfare Benefit Wrap Plan; and
CONAGRA FOODS EMPLOYEE
BENEFITS ADMINISTRATIVE
COMMITTEE, as Administrator of the
ConAgra Foods, Inc. Welfare Benefit
Wrap Plan,

AMENDED ORDER
SETTING FINAL SCHEDULE
FOR PROGRESSION OF CASE

Defendants.
This matter is before the court on the parties’ Joint Motion to Continue Trial Date
and Related Deadlines (Filing No. 93). Upon consideration,
IT IS ORDERED: The parties’ Joint Motion to Continue Trial Date and Related
Deadlines (Filing No. 93) is granted as set forth below.

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:
1.

Pretrial Disclosures.1 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.

Witnesses - On or before January 26, 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.
1

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.

b.

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.
c.

Trial Exhibits - On or before February 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.
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.

Motions in Limine. Any motions in limine shall be filed on or before

February 8, 2016.
3.

The Final Pretrial Conference with the undersigned magistrate judge is

set for February 22, 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
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

3

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

conference, and counsel shall be prepared to make or opine on recommendations for
further negotiations and conferences.
4.

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.
5.

A Non-Jury Trial is set to commence, at the court’s call, during the week

of March 21, 2016, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon.
6.

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 July, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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