Segobia v. Brennan

Filing 43

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE on the parties' 42 Joint Motion to Extend, for good cause shown, the Jury Trial is set for 5/22/2017 at 09:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr.. Pretrial Conference set for 4/27/2017 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
MICHAEL SEGOBIA,
Plaintiff,

8:15CV128

vs.
MEGAN J. BRENNAN, Postmaster
General United States Postal Service,

AMENDED ORDER
SETTING FINAL SCHEDULE
FOR PROGRESSION OF CASE

Defendant.
This matter comes before the court on the parties’ Joint Motion to Extend Case
Progression Deadlines (Filing No. 42). For good cause shown,

IT IS ORDERED:
1.

The parties’ Joint Motion to Extend Case Progression Deadlines (Filing

No. 42) is granted as set forth below.
2.

Motions for Summary Judgment. Motions for summary judgment shall

be filed not later than February 17, 2017. See NECivR 56.1 and 7.1.
3.

Discovery Deadlines.
a.

Deposition Deadline.

All depositions, whether or not they are

intended to be used at trial, shall be completed by January 5, 2017.
b.

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 served sufficiently early to allow rule time
response before the deposition deadline. 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.
4.

Pretrial Disclosures.2 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

2

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,

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 April 10, 2017: 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.
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 April 10, 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.
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.
5.

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

17, 2017.
6.

The Final Pretrial Conference with the assigned magistrate judge is set

for April 27, 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. 3 By the
time of the pretrial conference, full preparation for trial shall have been made so that trial

phone numbers, and other personally identifying information of witnesses, but shall serve an unredacted
version on opposing parties. See NECivR 5.3.
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

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.
7.

Trial is set to commence, at the court’s call, during the week of May 22,

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.
8.

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 10th day of August, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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