Long et al v. Long et al

Filing 7

FINAL PROGRESSION ORDER - To the extent Plaintiffs seek a continuance, the motion, (Filing No. 6 ) is denied as moot. Plaintiffs' motion to be relieved of their obligation to meet and confer with Defendant Dewayne Keith Long, Sr. is granted and the court will provide a Final Progression Order as set forth.- Deposition deadline is 12/30/2015. - Pretrial Conference set for 5/10/2016 at 11:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DEWAYNE KEITH LONG, JR., AND
HOLLY L. LONG,
8:15CV243
Plaintiffs,
vs.

FINAL PROGRESSION ORDER

DEWAYNE KEITH LONG, SR., AND
DOES 1 THROUGH 100, Inclusive;
Defendants.
This matter is before the court on Plaintiffs’ Motion to Continue Deadlines for
Meet and Confer or alternatively for an order for leave to file report without Meet and
Confer, (Filing No. 6).

In support of their motion, Plaintiffs’ represent that Defendant

Dewayne Keith Long, Sr. is currently incarcerated. Therefore Plaintiffs have limited
opportunities to communicate with him. Plaintiffs also represent that Defendant has been
“combative and unreasonable.”

Based upon these representations and in order to

progress this case, Plaintiff’s motion will be granted in part and denied in part.

IT IS ORDERED:

1.

To the extent Plaintiffs seek a continuance, the motion, (Filing No. 6) is

denied as moot. Plaintiffs’ motion to be relieved of their obligation to meet and confer
with Defendant Dewayne Keith Long, Sr. is granted and the court will provide a Final
Progression Order as set forth below.

2.

The case will progress as follows:

a.
All depositions, whether or not they are intended to be used at trial,
shall be completed by December 30, 2015. 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 on or before October 19,
2015.
b.
All motions to amend the pleadings shall be filed on or before
November 27, 2015. The parties must comply with the provisions of
NECivR 15.1 when moving to amend the pleadings.
c.
Motions to compel discovery shall be filed on or before January 8,
2016. The parties must comply with the provisions of NECivR 7.1(i)
before filing a motion to compel.
d.
Dispositive Motions. All dispositive motions shall be filed on or
before January 29, 2016. The parties must comply with the provisions of
NECivR 7.1 and NECivR 56.1 when filing summary judgment motions.
e.

Pretrial Conference.
i.
Plaintiffs’ counsel will have the primary responsibility for
drafting the Order on Final Pretrial Conference, pursuant to the
format and requirements set out in NECivR 16.2(a)(2). The
defendant will be responsible for cooperating in the preparation and
signing of the final version of the Order. The Order should be
submitted to the defendant and to any other parties by March 30,
2016. The defendant shall provide additions and/or proposed
deletions to Plaintiffs’ counsel by April 13, 2016. Plaintiffs’
counsel shall submit the Proposed Order on Final Pretrial
Conference to the court by no later than April 27, 2016. If a party
proposes an addition or deletion which is not agreed to by all the
other parties, that fact should be noted in the text of the document.
The Proposed Order on Final Pretrial Conference must be signed by
all pro se parties and by counsel for all represented parties.

ii.
The Final Pretrial Conference will be held before the
Magistrate Judge on May 10, 2016 at 11:00 a.m. Prior to the
pretrial conference, all items as directed in NECivR 16.2 and full
preparation shall have been completed so that trial may begin at any
time following the Pretrial Conference.
iii.
If Defendant is held in an institution, the pretrial conference
will be by telephone. In that case, Plaintiffs’ counsel shall contact

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the plaintiff’s institution in advance and arrange to initiate and place
the conference call.
f.
The trial date will be set by the Magistrate Judge at the time of the
Final Pretrial Conference.
g.
The clerk of the court is directed to set a pro se case management
deadline in this case using the following text: Pretrial conference before
Magistrate Judge Cheryl Zwart to be held on May 10, 2016 at 11:00 a.m.

Dated this 18th day of September, 2015
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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