Affiliated Foods Midwest Cooperative, Inc. v. SuperValu Inc.

Filing 249

ORDER - Motions for summary judgment are due December 7, 2018. Daubert Motions in Limine are due December 7, 2018. A telephonic status conference is set for December 13, 2018, at 1:30 p.m. before Magistrate Judge Michael D. Nelson. The parties shall use the Case Conference Instructions associated with these cases. Member Cases: 8:16-cv-00466-JFB-MDN, 8:16-cv-00465-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (SMN)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
AFFILIATED FOODS MIDWEST
COOPERATIVE, INC., a Nebraska
corporation; and ASSOCIATED
WHOLESALE GROCERS, INC.,
vs.

Plaintiffs,

8:16CV465
MEMBER CASE
ORDER

SUPERVALU INC., a Delaware corporation;
Defendant.
BOROWIAK IGA FOODLINER, INC.,
Plaintiff,
vs.
AFFILIATED FOODS MIDWEST
COOPERATIVE, INC., and ASSOCIATED
WHOLESALE GROCERS, INC.,

vs.

8:16CV466
LEAD CASE
ORDER

Defendants,
Counterclaimants, and
Third-Party Defendants,

TREVOR BOROWIAK,
Third-Party Defendant.
2018,

In accordance with the discussion held with counsel for the parties on November 27,
IT IS ORDERED:
1. The parties are to meet and confer in accordance with NECivR 7.1(i) to resolve any
outstanding discovery matters, including the scheduling of remaining depositions and
document production.
2. Motions to Dismiss and/or Motions for summary judgment shall be filed not later
than December 7, 2018. See NECivR 56.1 and NECivR 7.1.

3. 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
December 7, 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 hearing.
4. A telephonic status conference is set for December 13, 2018, at 1:30 p.m. before the
undersigned magistrate judge. The parties shall use the Case Conference Instructions
associated with these cases.
Dated this 27th day of November, 2018.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge

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