McGuire v. Cooper et al

Filing 91

SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - Jury Trial set for 12/11/2017 in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Pretrial Conference set for 11/30/2017 at 10:00 AM in Chambers before Magistrate Judge Susan M. Bazis. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MEGAN MCGUIRE,
Plaintiff,
vs.

8:16CV4
SECOND AMENDED ORDER
SETTING FINAL SCHEDULE FOR
PROGRESSION OF CASE

CORY COOPER, TIMOTHY F. DUNNING,
Individually and in his official capacity as
Sheriff of Douglas County, Nebraska; and
DOUGLAS COUNTY,
Defendants.
This matter is before the Court on Plaintiff’s Unopposed Motion for One Week Extension
to Submit Plaintiff’s Rebuttal Expert Disclosures and Related Deadlines. (Filing No. 90.) The
motion is granted, in part.
Accordingly,
IT IS ORDERED that the following deadlines shall govern progression of this case:
1.
Motions for Summary Judgment. Motions for summary judgment shall be filed
not later than September 15, 2017. See NECivR 56.1 and NECivR 7.1.
2.

Discovery Deadlines:
a. Fact Deposition Deadline. Per the parties, all fact depositions have been
completed.
b. Expert Deposition Deadline. Expert depositions, whether or not they are
intended to be used at trial, shall be completed by August 11, 2017.
c. Written Discovery Deadline. Per the parties, all written discovery has been
completed.
d. Discovery Motions. Discovery motions shall be filed not later than July 17,
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 7.1.. 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 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 July 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 July 31, 2017: The name, address and
telephone number2 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 October 23, 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.

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).
2

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 5.3.

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5.

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 September 25, 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 November 20, 2017.

6.
The Final Pretrial Conference with the assigned magistrate judge is set for
November 30, 2017 at 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.

3

All personal information should be redacted from the public version of the order and/or
attachments filed with the Clerk. See NECivR 5.3.

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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.
8.
A five (5) day jury trial is set to commence, at the Court's call, during the week
of December 11, 2017, 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.
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 7th day of July, 2017.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge

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