Price v. Jarett et al
FOURTH AMENDED FINAL PROGRESSION ORDER - Depositions and any remaining written discovery shall be completed by May 31, 2017. The Final Pretrial Conference with the assigned magistrate judge is set for October 2, 2017, at 10:00 a.m. in chambers, 111 S outh 18th Plaza, Suite 2271, Roman L. Hruska United States Courthouse, Omaha, Nebraska. A four (4) day jury trial is set to commence, at the court's call, during the week of October 16, 2017, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon, Senior United States District Judge. Ordered by Magistrate Judge Susan M. Bazis. (LAC)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SEAN D. PRICE,
BRIAN JARETT, and UNION PACIFIC
FOURTH AMENDED FINAL
This matter is before the Court on the Joint Motion for Entry of Amended Progression
Order. (Filing No. 71.) The parties have advised that they have completed discovery, with the
exception of the deposition of Kathleen Hughes and the production of certain documents.
However, the deposition has been scheduled for May 31, 2017, and Plaintiff intends to subpoena
the outstanding documents in connection with Ms. Hughes’ deposition.
Accordingly, based on the information provided by the parties, the following deadlines
govern progression of this case:
Depositions and any remaining written discovery shall be completed by May 31,
Motions for summary judgment shall be filed by July 10, 2017.
Pretrial Disclosures. 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. Nonexpert Witnesses - On or before September 15, 2017: The name,
address and telephone number1 of each witness, separately identifying those
whom the party expects to present and those whom the party may call if the
b. Deposition Testimony and Discovery - The designation of discovery
testimony and discovery responses intended to be utilized at trial is not
required at this time.
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, telephone
numbers, and other personally identifying information of witnesses, but shall serve an unredacted version
on opposing parties. See NECivR 5.3.
c. Trial Exhibits - On or before September 15, 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
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.
Motions in Limine.
a. Motions in limine challenging the admissibility of expert testimony at trial
under Fed. R. Evid. 702, see Kumho Tire Co., Ltd. v. Carmichael, 526 U.S.
137 (1999), and Daubert v. Merrell-Dow Pharmaceuticals, 509 U.S. 579
(1993), shall be filed by June 30, 2017, and 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 25,
The Final Pretrial Conference with the assigned magistrate judge is set for
October 2, 2017, at 10:00 a.m. in chambers, 111 South 18th Plaza, Suite 2271, 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 16.2.2 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 conference,
and counsel shall be prepared to make or opine on recommendations for further negotiations and
Mediation and Settlement:
All personal information should be redacted from the public version of the order and/or attachments
filed with the Clerk. See NECivR 5.3.
a. If the parties intend to mediate their dispute, notice of the mediation shall
be given to the staff of the assigned 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.
A four (4) day jury trial is set to commence, at the court's call, during the week
of October 16, 2017, 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.
Motions to Alter Dates. All requests for changes of deadlines or settings established
herein shall be directed to the assigned 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.
IT IS SO ORDERED.
Dated this 4th day of May, 2017.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge
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