Sabatka v. NRG Energy, Inc.

Filing 17

AMENDED PROGRESSION ORDER - Depositions due 10/3/2016. Jury Trial set for 4/3/2017 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard. Pretrial Conference set for 3/21/2017 at 11:00 AM by WebEx before Magistrate Judge Cheryl R. Zwart. Instructions and codes for participating in the pretrial conference by WebEx may be found at Filing No. 12. 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 March 17, 2017. Telephone Conference set for 10/4/2016 at 10:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart. Counsel for plaintiff shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GERARD A. SABATKA,
Plaintiff,

8:15CV310

vs.
AMENDED PROGRESSION ORDER
NRG ENERGY, INC., a foreign
corporation;
Defendant.

The Parties conferred filed a joint motion for amendment of the final progression
order. (Filing No. 16).
IT IS ORDERED that the amended progression order is as follows:
1)

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 April 3, 2017, 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.

2)

The Pretrial Conference is scheduled to be held before the undersigned
magistrate judge on March 21, 2017 at 11:00 a.m., and will be conducted
by WebEx conferencing. Instructions and codes for participating in the
pretrial conference by WebEx may be found at Filing No. 12. 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 March 17, 2017.

3)

A telephonic conference with the undersigned magistrate judge will be held
on October 4, 2016 at 10:00 a.m. to discuss the status of case progression
and potential settlement. Counsel for plaintiff shall place the call.

4)

The deadline for completing written discovery under Rules 33 through 36

of the Federal Rules of Civil Procedure is September 2, 2016. Motions to
compel Rule 33 through 36 discovery must be filed by September 16, 2016
Note: Motions to compel shall not be filed without first contacting the
chambers of the undersigned magistrate judge to set a conference for
discussing the parties’ dispute.
5)

The deadline for Plaintiff to disclose non-retained treating physicians and
reports is: July 1, 2016.

6)

The deadline for Defendant to disclose expert and reports (both retained
experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R.
Civ. P. 26(a)(2)(C)), is: August 1, 2016.

7)

The deposition deadline is October 3, 2016.

8)

The deadline for filing motions to dismiss and motions for summary
judgment is December 16, 2016.

9)

The deadline for filing motions to exclude testimony on Daubert and
related grounds is November 17, 2016.

10)

Motions in limine shall be filed five business days prior to trial. It is not
the normal practice to hold hearings on motions in limine or to rule on them
in advance. Counsel should plan accordingly.

11)

The parties shall comply with all other stipulations and agreements recited
in their Rule 26(f) planning report that are not inconsistent with this order.

May 23, 2016.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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