Petersen v. Bitters et al

Filing 123

ORDER - The parties shall review the undersigned magistrate judge's practices posted at Civil Case Management Practices. Counsel for the parties and pro se defendant shall confer and, on or before January 23, 2017, they shall jointly file a Form 35 (Rule 26 (f)) Report, a copy of which can be found at http://www.ned.uscourts.gov/forms in Word and WordPerfect format. If one or more of the parties believes a planning conference is needed to complete the Rule 26(f) Report, or if the parties cannot agree on one or more of the deadlines identified or case progression issues raised in the Rule 26(f) Report, on or before January 16, 2017 a party shall contact my chambers at [phone], or by email addressed to zwart@ned. uscourts.gov, to arrange a conference call. Mandatory disclosures shall be served by January 23, 2017. The Clerk's office shall mail a copy of this order to the pro se defendant at the address of record. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ESTATE OF JOYCE ROSAMOND
PETERSEN, deceased;
8:16CV183
Plaintiff,
vs.

ORDER

WILLIAM E. BITTERS, ROBERT W.
BOLAND, JR., JOHN L. HENRY, AND
UNITED FINANCIAL SERVICES,
Defendants.

IT IS ORDERED:
1)

The parties shall review the undersigned magistrate judge’s practices
posted at Civil Case Management Practices.

2)

Counsel for the parties and pro se defendant shall confer and, on or before
January 23, 2017, they shall jointly file a Form 35 (Rule 26 (f)) Report, a
copy of which can be found at http://www.ned.uscourts.gov/forms in Word
and WordPerfect format.

3)

If one or more of the parties believes a planning conference is needed to
complete the Rule 26(f) Report, or if the parties cannot agree on one or
more of the deadlines identified or case progression issues raised in the
Rule 26(f) Report, on or before January 16, 2017 a party shall contact my
chambers at [phone], or by email addressed to
[e-mail], to arrange a conference call.

4)

Mandatory disclosures shall be served by January 23, 2017.

5)

The Clerk’s office shall mail a copy of this order to the pro se defendant at
the address of record.

Dated this 19th day of December, 2016
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

Plaintiff,
vs.

Defendant.
The following attorneys conferred to prepare the Report of Parties’ Planning
Conference for the above-captioned case:
(Identify, for each party, the counsel who participated in preparing the Rule 26(f)
Report).
The parties discussed the case and jointly make the following report:
CASE PROGRESSION:
A.

Do any of the parties believe a planning conference would be beneficial and/or
should be held before a final scheduling order is entered? _____
Explain. __________________________________________________________.

B.

Motions to amend the pleadings or to add parties.
1)

The plaintiff
_____ does
_____ does not

anticipate need to amend pleadings or add parties.
pleadings shall be filed by _______________.

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Any motions to amend

2)

The defendant
_____ does
_____ does not

anticipate need to amend pleadings or add parties.

Any motions to amend

pleadings shall be filed by _______________.
If more than ninety days are needed, state the reason(s) why such time is
necessary._________________________________________________________.

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C.

Experts.
1)

If expert witnesses are expected to testify at the trial, counsel agree to at
least identify such experts, by name and address, (i.e., without the full
reports required by Rule 26(a)(2)), by _________________.

2)

Experts and, unless otherwise agreed, expert reports shall be served by
_________________. Note: The parties may agree on separate dates for
the plaintiff(s) and the defendant(s).

3)

Motions to exclude expert testimony on Daubert and related grounds will
be filed by _________________.

D.

Discovery.
1)

Written discovery under Rules 33 through 36 of the Federal Rules of Civil
Procedure will be completed by _________________.

2)

Depositions, whether or not they are intended to be used at trial, will be
completed by _________________.

3)

Agreed Discovery Procedures:
a.

Unique Circumstances. The following facts or circumstances unique
to this case will make discovery more difficult or more time
consuming:_____________________________________________.
Counsel have agreed to the following actions to address that
difficulty:
______________________________________________________.

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b.

Electronic Discovery Provisions: Counsel have conferred regarding
the preservation of electronically produced and/or electronically
stored information or data that may be relevant--whether privileged
or not--to the disposition of this dispute, including:

(i)

The extent to which disclosure of such data should be limited
to that which is available in the normal course of business, or
otherwise;

(ii)

The anticipated scope, cost, and time required for disclosure
of such information beyond that which is available in the
normal course of business;

(iii)

The format and media agreed to by the parties for the
production of such data or information as well as agreed
procedure for such production;

(iv)

Whether reasonable measures have been implemented to
preserve such data;

(v)

The persons who are responsible for such preservation,
including any third parties who may have access to or control
over any such information;

(vi)

The form and method of notice of the duty to preserve;

(vii)

Mechanisms for monitoring, certifying, or auditing custodial
compliance;

(viii) Whether preservation will require suspending or modifying
any routine business processes or procedures, records

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management procedures and/or policies, or any procedures
for the routine destruction or recycling of data storage media;
(ix)

Methods to preserve any potentially discoverable materials
such as voice mail, active data in databases, or electronic
messages;

(x)

The anticipated costs of preserving these materials and how
such costs should be allocated; and

(xi)

The entry of and procedure for modifying the preservation
order as the case proceeds.

The parties agree that:
_____ No special provisions are needed in respect to electronic
discovery. The court should order protection and production of such
information in accordance with its usual practice.
_____ As to electronically stored information, the following
provisions will be followed by the parties: ____________________.

c.

Privileged and/or confidential communications and information.
General practice: Under the court’s general practice, if any
document is withheld from production or disclosure on the grounds
of privilege or work product, the producing party shall, for each
document, disclose a description of the document withheld with as
much specificity as is practicable without disclosing its contents,
including (a) the general nature of the document; (b) the identity
and position of its author; (c) the date it was written; (d) the identity
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and position of its addressee; (e) the identities and positions of all
persons who were given or have received copies of it and the dates
copies were received by them; (f) the document's present location
and the identity and position of its custodian; and (g) the specific
reason or reasons why it has been withheld from production or
disclosure.

The non-producing party may move to compel

documents identified on the privilege log. The producing party may
also seek a protective order to preserve the privilege or
confidentiality of the documents identified.
Special provisions. To facilitate an early, efficient, and expeditious
resolution of discovery issues which may arise related to documents
withheld on the basis of alleged privilege or confidentiality, the
parties shall discuss and consider:
(i)

Whether the parties anticipate discovery issues or challenges
arising

from

non-disclosure

of

allegedly

confidential

information;
(ii)

Whether reasonable date ranges should be established after
which privilege log entries for privileged or confidential
information need not be made; and

(iii)

As contemplated by Rule 502(e) of the Federal Rules of
Evidence, the need for and terms of any agreement regarding
disclosure of privileged attorney-client communications or
confidential work product, and whether the parties will seek
court approval of any such agreement.

The parties agree that:

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_____ No special provisions are needed regarding discovery of
allegedly confidential information. If such issues arise, they will be
resolved in accordance with the court’s general practice.
_____ In addition to, or in lieu of the court’s general practice for
asserting confidentiality claims and resolving disputes over
nondisclosure of allegedly confidential information, the parties agree
the

following

provisions

will

be

followed:

_______________________________.
d.

The maximum number of interrogatories, including sub-parts, that
may be served by any party on any other party is _____.

e.

The maximum number of depositions that may be taken by the
plaintiffs as a group and the defendants as a group is _____.

f.

Depositions will be limited by Rule 30(d)(1), except the depositions
of _____________, which by agreement shall be limited as follows:
______________________________________________________.

g.

The parties stipulate that they will be required to give at least _____
days' notice of their intention to serve records/documents or
subpoenas on third parties prior to issuance. See NECivR 45.1

h.

Other special discovery provisions agreed to by the parties include:
______________________________________________________.

E.

The following claims and/or defenses may be appropriate for disposition by
dispositive motion (motion to dismiss or for summary judgment or partial
summary judgment): ________________________________________________.

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Motions to dismiss and/or for summary judgment will be filed by _____________.

F.

Other matters to which the parties stipulate and/or which the court should know or
consider: __________________________________________________________.

G.

Consent to Trial Before Magistrate Judge.
In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, the
parties in this case may voluntarily consent to have a United States Magistrate
Judge conduct any and all further proceedings in the case, including the trial, and
order the entry of final judgment. The consent must be unanimous, and any appeal
must be taken to the United States Court of Appeals.

If the parties do not

presently consent, they may do so at a later time and the case will remain with the
assigned United States District Judge or, if not previously assigned, will be
randomly assigned to a United States District Judge.
_____ All parties hereby voluntarily consent to have the United States Magistrate
Judge conduct any and all further proceedings in this case including the trial, and
order the entry of final judgment.
_____ All parties do not consent at this time.

H.

Trial date.
1)

Jury Trial:
a.

_____ No party has timely demanded a jury trial.

b.

_____ A party has timely demanded a jury trial and does not
anticipate waiving that demand, and the parties agree that all or part
of the claims in this case must be tried to a jury.

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c.

_____ A party has demanded a jury trial, and the parties disagree on
whether trial by jury is available in this case. A motion to strike the
(plaintiff’s/defendant’s) demand for jury trial will be filed no later
than _________________.

d.

_____ Having previously demanded a jury trial, the plaintiff now
waives jury trial. The defendant will file a demand for jury trial
within _____ days of the filing of this report, in the absence of
which jury trial will be deemed to have been waived.

e.

_____ Having previously demanded a jury trial, the defendant now
waives jury trial. The plaintiff will file a demand for jury trial
within _____ days of the filing of this report, in the absence of
which jury trial will be deemed to have been waived.

2)

This case will be ready for trial before the court by: (month, year) . If
more than eight months are required, state the special problems or
circumstances that necessitate that much time for trial preparation.
____________________

3)

The estimated length of trial is _____ days.

Dated: ________________________

_____________________________

______________________________

Counsel for Plaintiff(s)

Counsel for Defendant(s)

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CERTIFICATE OF SERVICE

I hereby certify that on ______________, I electronically filed the foregoing with
the Clerk of the Court using the CM/ECF system, which will send notification of such
filing to the following: ______________________________________________, and I
hereby certify that I have mailed by United States Postal Service the document to the
following non CM/ECF participants: _________________________________________.

s/______________________________

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