Denniston v. Conagra Foods, Inc.
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - The Final Pretrial Conference with the assigned magistrate judge is set for October 16, 2017, at 11:00 a.m. in chambers, Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18 th Plaza, Omaha, Nebraska. Trial is set to commence, at the court's call, during the week of October 23, 2017, in Omaha, Nebraska, for three to four days, before the Honorable Joseph F. Bataillon and a jury. Unless otherwise ordered, jury selection shall be at the commencement of trial. Ordered by Magistrate Judge Thomas D. Thalken. (KLF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CONAGRA FOODS, INC.,
SETTING FINAL SCHEDULE
FOR PROGRESSION OF CASE
This matter is before the court on the parties’ Joint Motion to Continue Trial and
Extend Deadlines (Filing No. 24). For good cause shown,
IT IS ORDERED:
The parties’ Joint Motion to Continue Trial and Extend Deadlines (Filing
No. 24) is granted as set forth below.
Motions for Summary Judgment. Motions for summary judgment shall
be filed not later than May 16, 2017. See NECivR 56.1 and 7.1.
All depositions, whether or not they are
intended to be used at trial, shall be completed by January 27, 2017.
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.
Discovery Motions. Motions to compel may not be filed without
conferring as required by NECivR 7.1(i) and contacting the assigned magistrate
judge’s chambers to set a conference for discussing the dispute.
motions shall be filed not later than November 30, 2016, 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.
Pretrial Disclosures.1 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:
Witnesses - On or before December 30, 2016:
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
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.
Trial Exhibits - On or before September 29, 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.
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.
Motions in limine challenging the admissibility of expert testimony at
trial under Fed. R. Evid. 702 shall be filed by January 3, 2017. See Kumho Tire
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,
phone numbers, and other personally identifying information of witnesses, but shall serve an unredacted
version on opposing parties. See NECivR 5.3.
Co., Ltd. v. Carmichael, 526 U.S. 137 (1999); Daubert v. Merrell-Dow
Pharms., 509 U.S. 579 (1993).
The motions should be 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.
Any other motions in limine shall be filed on or before October 6,
The Final Pretrial Conference with the assigned magistrate judge is set
for October 16, 2017, at 11:00 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 16.2.2
Counsel shall submit a copy of the draft order to the assigned magistrate judge by noon
on the day before the conference.
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
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
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.
In the event the parties mediate their dispute, notice of the
mediation shall be given to the staff of the magistrate judge’s office. The filing of
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 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.
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.
Trial is set to commence, at the court’s call, during the week of October
23, 2017, in Omaha, Nebraska, for three to four days, before the Honorable Joseph F.
Bataillon and a jury.
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 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 22nd day of September, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge
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