Gilkerson v. Nebraska Colocation Centers, L.L.C.

Filing 30

AMENDED PROGRESSION ORDER - The parties joint motion to amend, (Filing No. 29 ), is granted. The remaining pending motions and objections, Filing Nos. 14 , 17 , 19 , 22 , and 24 are denied as moot. Jury Trial set for 6/27/2016 at 09:00 AM Co urtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard. Pretrial Conference set for 6/14/2016 at 09:00 AM by WebEx before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TIMOTHY A. GILKERSON,
Plaintiff,

8:15CV00037

vs.
AMENDED PROGRESSION ORDER
NEBRASKA COLOCATION CENTERS,
L.L.C., AMERICAN NEBRASKA
LIMITED PARTNERSHIP, RALPH
EDWARDS PRODUCTIONS, INC.,
Defendants.
This matter is before the court on the parties’ joint motion to amend the final
progression order in this case. (Filing No. 29). Based on the representations of the
parties, the motion is granted as set forth below.

IT IS ORDERED:

1)

The parties’ joint motion to amend, (Filing No. 29), is granted.

2)

The parties will conduct mediation before an agreed upon mediator by
October 16, 2015. Once a mediator is selected, the parties shall advise the
court of the mediator’s name. A separate mediation reference order will be
filed in this case.

3)

On or before August 18, 2015, Defendant shall provide any objections it
may have to the Interrogatories, Requests for Production of Documents and
Requests for Admissions propounded by Plaintiff on June 30, 2015.
Defendant shall provide responses to the aforementioned written discovery
on or before September 4, 2015. Defendant’s responses on September 4,
2015, may incorporate any objections asserted by Defendant on or before
August 18, 2015, but shall not include any new objections.

4)

Except as set forth in this order, the parties will not conduct discovery
pending the outcome of the mediation.

5)

The Final Progression Order is amended as follows:

a.

The written discovery and deposition deadlines are November 30,
2015. Each party shall be limited to: (1) an additional 15
interrogatories beyond the discovery already propounded; (2) an
additional 15 requests for production of documents beyond the
discovery already propounded; and (3) any subpoenas as may be
necessary.

b.

The expert witness disclosure deadlines are as follows:
i.
ii.

For the Plaintiff:
For the Defendant:

October 30, 2015; and
November 27, 2015.

c.

d.

Motions to exclude testimony on Daubert related grounds shall be
filed by December 30, 2015.

e.

The jury trial of this case is set to commence before John M.
Gerrard, United States District Judge, in the Special Proceedings
Courtroom, Roman L. Hruska Federal Courthouse, 111 South 18th
Plaza, Omaha, Nebraska, at 9:00 a.m. on June 27, 2016, or as soon
thereafter as the case may be called, for a duration of four (4) trial
days. This case is subject to the prior trial of criminal cases and such
other civil cases as may be scheduled for trial before this one. Jury
selection will be held at the commencement of trial.

f.

6)

Motions to dismiss and motions for summary judgment shall be filed
by January 29, 2016.

The Pretrial Conference is scheduled to be held before the
undersigned magistrate judge on June 14, 2016 at 9:00 a.m., and
will be conducted by WebEx conferencing. A separate order will be
entered with the instructions and codes for participating in the
pretrial conference by WebEx. The parties’ proposed Pretrial
Conference Order and Exhibit List(s) must be emailed to
[e-mail], in either Word Perfect or Word format, by
5:00 p.m. on June 10, 2016.

Within five (5) days of this order Plaintiff will withdraw all pending
Notices of Depositions, Notices of Intent to Serve Subpoenas Duces Tecum
and any accompanying Subpoenas Duces Tecum.

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7)

Plaintiff may conduct depositions only of the following non-expert
witnesses: Jerry Appel (individually and as 30(b)(6) representative),
Martin Appel, Don Phares, Mike Losole, and Roger Willey. The deposition
of Martin Appel will be taken by telephone and that the parties will work
together to schedule the deposition of Jerry Appel on a date that Mr. Appel
can travel from California to be present in Omaha. Both parties may
depose any designated expert witnesses.

8)

The remaining pending motions and objections, Filing Nos. 14, 17, 19, 22,
and 24 are denied as moot.

Dated this 7th day of August, 2015
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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