Coach, Inc. et al v. Overton

Filing 53

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE granting 50 Motion to Amend. The parties shall meet and confer to prepare a joint proposed protective order to submit to the Court for its approval. After approval of the joint protec tive order, Defendant shall provide to Plaintiffs his tax returns for the last five (5) years, and any other financial documentation or statements relevant and necessary to evaluation of a settlement offer. Depositions due June 29, 2018. The Fina l Pretrial Conference with the undersigned magistrate judge is set for November 26, 2018, 10:00 a.m. in chambers. A four (4) day jury trial is set to commence, at the Court's call, during the week of December 11, 2018, in Omaha, Nebraska, before the Honorable Laurie Smith Camp, Chief United States District Judge. Ordered by Magistrate Judge Michael D. Nelson. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
COACH, INC., and
COACH SERVICES, INC.,
Plaintiffs,
vs.

8:16CV339
AMENDED ORDER SETTING
FINAL SCHEDULE FOR
PROGRESSION OF CASE

JAMES R. OVERTON, III,
Defendant.

This matter comes before the Court following a telephone conference held on May 3,
2018, at 11:00 a.m., on the Joint Motion to Amend Order Setting Final Schedule for Progression
of Case (Filing No. 50). Ambika Behal appeared by telephone on behalf of Plaintiffs. Matthew
D. Burns, counsel of record for Defendant, did not appear, although Steve Lefler participated on
the call on behalf of Defendant. In accordance with the discussion held with counsel,
IT IS ORDERED:
1. The parties shall meet and confer to prepare a joint proposed protective order to
submit to the Court for its approval.
2. After approval of the joint protective order, Defendant shall provide to Plaintiffs his
tax returns for the last five (5) years, and any other financial documentation or statements
relevant and necessary to evaluation of a settlement offer.
IT IS FURTHER ORDERED that the Joint Motion to Amend Order Setting Final
Schedule for Progression of Case (Filing No. 50) is granted, and certain case progression
deadlines are amended as follows:
1.

Discovery Deadlines:
a. Deposition Deadline. All depositions, whether or not they are intended to be
used at trial, shall be completed by June 29, 2018.
b. 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 completed by June 29, 2018. 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.
c. Discovery Motions. Discovery motions shall be filed not later than May 31,
2018, 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(i). 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.
2.
Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and crossclaimant shall identify expert witnesses and shall serve expert reports by April 30, 2018. Each
defendant, counter-defendant, and cross-defendant shall identify expert witnesses and shall serve
expert reports by May 31, 2018. 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 June 15, 2018, provided that the disclosing party then provides all
of the information described in Fed. R. Civ. P. 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.
3.
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 November 13, 2018: 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.

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 the 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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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 November 13, 2018: 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.
4.

Motions in Limine.
a. Any other motions in limine shall be filed on or before November 19, 2018.

5.
The Final Pretrial Conference with the undersigned magistrate judge is set for
November 26, 2018, 10:00 a.m. in my chambers, 111 South 18th Plaza, Suite 2210, Roman L.
Hruska United States Courthouse, Omaha, Nebraska. The final pretrial conference shall be
attended by lead counsel for represented parties. Prior to the pretrial conference, counsel shall
complete 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.
6.

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

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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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
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.
7.
A four (4) day jury trial is set to commence, at the Court’s call, during the week
of December 11, 2018, in Omaha, Nebraska, before the Honorable Laurie Smith Camp, Chief
United States District Judge. Unless otherwise ordered, jury selection shall be at the
commencement of trial.
8.
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 3rd day of May, 2018.
BY THE COURT:

s/ Michael D. Nelson
United States Magistrate Judge

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