Rasby et al v. Pillen

Filing 131

THIRD AMENDED ORDER granting 130 Joint Motion to Amend Order setting Final Schedule for Progression of Case. Ordered by Magistrate Judge Susan M. Bazis. (CCB) Modified on 8/1/2017 to reflect third amended order (CCB).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DEBORAH RASBY,
Plaintiff,
vs.

8:15CV226
THIRD AMENDED ORDER
SETTING FINAL SCHEDULE FOR
PROGRESSION OF CASE

JAMES D. PILLEN,
Defendant.
This matter is before the Court on the parties’ Joint Motion to Amend Order Setting Final
Schedule for Progression of Case. (Filing No. 130.) The motion is granted.
Accordingly,
IT IS ORDERED that the provisions of the Court's earlier, initial progression order
remain in effect, and in addition to those provisions, the following shall apply:
1.
Motions for Summary Judgment. Motions for summary judgment shall be filed
not later than August 1, 2017. See NECivR 56.1 and 7.0.1.
2.

Discovery Deadlines:
a. Deposition Deadline. Plaintiff has identified the following additional fact
witnesses she wishes to depose: Dan O’Connor, Brett Bonwell, Sarah Pillen,
Brock Pillen, Rick Schumacher, and/or Kruse, Schumacher, Smejkal &
Brockhaus, P.C. Plaintiff will complete depositions of these witnesses no later
than August 31, 2017. With respect to all other fact witnesses, the previous
deadline remains in place.
b. Expert Depositions. The parties shall complete the depositions of all expert
witnesses no later than September 29, 2017.
c. Written Discovery Deadline. The parties have completed written discovery
and do not request an extension of this deadline. However, on July 19, 2017,
Plaintiff issued a Notice of Intent to Serve Rule 45 Subpoena (Filing No. 124),
which Defendant objected to (Filing No. 126). Counsel for the Plaintiff and
Counsel for Defendant have conferred and agreed that the subpoenas
referenced in Filing No. 124 may go forward with the understanding that no
further written discovery will be issued.
d. Discovery Motions. Discovery motions shall be filed not later than March
31, 2017, as to matters which are then ripe for decision; discovery matters

arising after that date may be the subject of motions until the deposition
deadline. Counsel are reminded of the provisions of NECivR 7.0.1(i).
Motions to compel shall not be filed without first contacting the chambers of
the undersigned magistrate judge to set a conference to discuss the parties’
dispute.
3.
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 January 22, 2018: 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 need arises.
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.
c. Trial Exhibits - On or before January 22, 2018: 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.
4.

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 October 17, 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.

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, telephone numbers, and other personally identifying information of witnesses, but
shall serve an unredacted version on opposing parties. See NECivR 5.0.3.
2

b. Any other motions in limine shall be filed on or before February 5, 2018.
5.
The Final Pretrial Conference with the assigned magistrate judge is set for
February 12, 2018 at 11:00 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
conferences.
6.

Mediation and Settlement:
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.

2

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.
3

7.
A 5-day Jury Trial is set to commence, at the court's call, during the week of
February 26, 2018, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon, United
States District Judge. 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 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.
DATED this 1st day of August, 2017.
BY THE COURT:

s/ Susan M. Bazis
United States Magistrate Judge

4