Lewis v. Sisk
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - This matter is before the Court on the parties' Unopposed Motion for an Amended Scheduling Order. (Filing No. 31 .) This motion is granted. All depositions, whether or not they are intended to be used at trial, shall be completed by April 2, 2018. The Final Pretrial Conference with the assigned magistrate judge is set for September 14, 2018 at 1:30 p.m. in chambers, 111 South 18th Plaza, Suite 2271, Roman L. Hruska United State s Courthouse, Omaha, Nebraska. A five (5) day Jury trial is set to commence, at the court's call, during the week of October 9, 2018, 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. Ordered by Magistrate Judge Susan M. Bazis. (KLF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JANET E. LEWIS,
AMENDED ORDER SETTING FINAL
SCHEDULE FOR PROGRESSION OF
MICHAEL SISK, MD,
This matter is before the Court on the parties’ Unopposed Motion for an Amended
Scheduling Order. (Filing No. 31.) This motion is granted.
IT IS ORDERED that the provision of the Court’s earlier, initial progression order
remain in effect, and in addition to those provisions, the following amendments to the Order
Setting Final Schedule for Progression of the Case shall apply:
1. Motions for Summary Judgment. Motions for summary judgment shall be filed not
later than May 16, 2018. See NECivR 56.1 and NECivR. 7.1.
2. Discovery Deadlines:
a. Deposition Deadline. All depositions, whether or not they are intended to be used
at trial, shall be completed by April 2, 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 March 2, 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 shalt be sought by motion.
c. Discovery Motions. Discovery motions shall be filed not later than February 4,
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.
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 final other than solely for impeachment purposes as soon
as practicable but not later than the date specified:
a. Nonexpert Witnesses - On or before August 17, 2018: The name, address and
telephone number1 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 August 17, 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. 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 April 16, 2018, 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
b. Any other motions in limine shall be filed on or before September 7, 2018.
5. The Final Pretrial Conference with the assigned magistrate judge is set for September
14, 2018 at 1:30 p.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 16.2.2 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
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
All personal information should be redacted from the public version of the order and/or attachments filed with the
Clerk. See NECivR 5.3.
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 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
b. Not later than two weeks prior to trial, plaintiff or plaintiffs’ 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 five (5) day Jury trial is set to commence, at the court's call, during the week of
October 9, 2018, 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.
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 20th day of November, 2017.
BY THE COURT
s/ Susan M. Bazis
United States Magistrate Judge
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