Williams v. Averitt Express, Inc. et al

Filing 43

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - Desposition Deadline July 31, 2017. Final Pretrial Conference with the assigned magistrate judge is set for October 10, 2017, 10:00 a.m. in chambers in Omaha, Nebraska. Jury trial is set for November 13, 2017, in Omaha, Nebraska, before the Judge Robert F. Rossiter, Jr. Ordered by Magistrate Judge Susan M. Bazis. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ZACHARY R. WILLIAMS,
Plaintiff,
vs.

8:15CV464
AMENDED ORDER SETTING
FINAL SCHEDULE
FOR PROGRESSION OF CASE

AVERITT EXPRESS, a Tennessee
Corporation; VERNA BAZILE, and
RUSSELL STOVER CANDIES, LLC,
Defendants.
This matter is before the Court on the Parties’ Joint Stipulation to Amend Progression
Order (Filing No. 42). Upon review,
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 June 30, 2017. See NECivR 56.1 and 7.0.1.
2.

Discovery Deadlines:
a. Deposition Deadline. All depositions, whether or not they are intended to be
used at trial, shall be completed by July 31, 2017.
b. Discovery Motions. Discovery motions shall be filed not later than May 31,
2017. 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.
Disclosure of Expert Witnesses. 1 Each plaintiff, counter-claimant, and crossclaimant shall, as soon as practicable but not later than February 28, 2017, serve all opposing
parties with the statement required by Fed. R. Civ. P. 26(a)(2) regarding each expert witness it
expects to call to testify at trial pursuant to the provisions of Rule 702, 703 or 705, Fed. Rules of
Evidence. Each defendant, counter-defendant, and cross-defendant shall serve its statement of
the expert witnesses it expects to call to testify pursuant to Rule 702, 703 or 705, Fed. Rules of

1

A treating physician must be identified pursuant to Fed. R. Civ. P. 26(a)(2)(A), but a treating
physician is not deemed to be "retained or specially employed to provide expert testimony in a case" so as
to require a written report under Fed. R. Civ. P. 26(a)(2)(B).

Evidence, pursuant to Fed. R. Civ. P. 26(a)(2) as soon thereafter as practicable, but not later than
March 31, 2017. If necessary to refute the disclosed opinions of an expert witness of an
opponent, a plaintiff, counter-claimant, or cross-claimant may disclose additional expert
witnesses not later than April 14, 2017, provided that the disclosing party then provides all of the
information described in Fed. R. Civ. P. Rule 26(a)(2) and makes the expert witness available for
deposition prior to the date set for completion of depositions. Supplementation of these
disclosures, if originally made prior to these deadlines, shall be made on these deadlines as to
any information for which supplementation is addressed in Fed. R. Civ. P. 26(e). The testimony
of the expert at trial shall be limited to the information disclosed in accordance with this
paragraph.
4.
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 August 1, 2017: The name, address
and telephone number 2 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 September 19, 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.
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.
5.

Motions in Limine.

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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.

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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 15, 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 August 1, 2017.
6.
The Final Pretrial Conference with the assigned magistrate judge is set for
October 10, 2017, 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. 3 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.
7.

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

3

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

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.
8.
A five (5) day jury trial is set to commence, at the court's call, during the week
of November 13, 2017, in Omaha, Nebraska, before the Honorable Robert F. Rossiter, Jr.,
United States District Judge. Unless otherwise ordered, jury selection shall be at the
commencement of trial.
9.
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 23rd day of February, 2017.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge

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