Capua v. Duncan Aviation, Inc.

Filing 53

ORDER AMENDING FINAL PROGRESSION DEADLINES, granting 52 Joint Motion to Continue. Pretrial Conference set for 5/23/2016 at 09:30 AM in Chambers before Magistrate Judge F.A. Gossett. Non-Jury Trial set for 6/21/2016 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE 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
MICHELANGELO CAPUA, in his
capacity as Personal Representative
of the ESTATE OF CARLO CAPUA,
Deceased,
Plaintiff,
vs.
DUNCAN AVIATION, INC. A Nebraska
Corporation,
Defendant.

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Case No. 8:14CV335

ORDER AMENDING FINAL
PROGRESSION DEADLINES

This case is before the court on the Joint Motion to Continue Trial and All Associated
Pretrial Dates (Filing No. 52). The motion will be granted.
IT IS ORDERED that the provisions of the court's earlier, initial progression order
remain in effect, and in addition to those provisions, the unexpired deadlines are amended
as follows:
1. Motions in Limine (non expert). Any motions in limine shall be filed on or
before May 16, 2016.
2. The Final Pretrial Conference with the undersigned magistrate judge is set for
May 23, 2016, at 9:30 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 16.2.1 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

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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 5.0.3.

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.
3.

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 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.
4. A Non-jury trial is set to commence, at the court's call, during the week of
June 21, 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.

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5. 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: February 18, 2016.
BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge

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