Borovac v. National Railroad Passenger Corporation et al

Filing 39

AMENDED INITIAL PROGRESSION ORDER granting 38 Motion to Extend Deadlines and Postpone Scheduling Conference. Planning Conference set for 03/05/2018 at 10:00 AM by Telephone before Magistrate Judge Susan M. Bazis. Case conference instructions are found at Filing No. 33 . Trial is tentatively set for the month of September 2018, and is tentatively scheduled for 2 trial days. Ordered by Magistrate Judge Susan M. Bazis. (CS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PAUL BOROVAC,
Plaintiff,

8:17CV110

vs.

AMENDED INITIAL
PROGRESSION ORDER

SMART, INTERNATIONAL
ASSOCIATION OF SHEET METAL, AIR,
RAIL AND TRANSPORTATION
WORKERS,
Defendant.
This matter is before the Court on the unopposed Motion to Extend Deadlines and
Postpone Scheduling Conference. (Filing No. 38.) Good cause having been shown, this motion
is granted.
Accordingly,
IT IS ORDERED:
1.
Authorization and Sequence of Discovery. The parties may now commence
discovery. That discovery required to prepare the case for mediation or other settlement
negotiations and that discovery required to prepare the case for possible summary judgment
disposition shall be conducted before other discovery.
2.
Mediation. If mediation has not already been conducted, counsel shall
immediately advise the parties that the court expects them to mediate their dispute if they have
not already done so, and may order them to participate in settlement discussions, in the presence
of the judge if appropriate. Counsel shall notify the assigned magistrate judge by joint or
separate letters by February 2, 2018, addressing the following:
a.
b.
c.
d.
e.
f.

g.

That they have advised their clients of the court's expectations respecting
mediation;
That they have hired a mediator and the name of the mediator hired;
The date of their scheduled mediation;
Their joint, or if necessary, separate views on whether the progression of the case
should be stayed pending the outcome of their mediation;
If no mediator has been hired by that time, counsel's estimate of when a mediator
can be hired and a mediation held;
If a mediation previously has been held, the identity of the mediator, the date of
the mediation, and their views as to whether another mediation at this time might
be successful in resolving the dispute;
Whether the parties object to mediation and if so, what the objections are; and
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h.

If the parties have not discussed mediation, what settlement efforts have been
undertaken and what actions are planned for the future, together with the timing
of such anticipated actions.

Failure to provide the required report will result in postponement of the planning
conference until the report has been received.
Counsel are reminded that if parties do not have the funds immediately available to pay a
mediator's fees, the court's Plan for Administration of the Federal Practice Fund and the
Mediation Plan (both available at www.ned.uscourts.gov) make the Federal Practice Fund
available to advance such fees; if the case ends with any payment of money to that party, the
Federal Practice Fund must be reimbursed.
3.
The filing of disclosures under Fed. R. Civ. P. 26(a)(1), and (2), as well as the
filing of discovery documents, depositions, and disclosures required by this order shall be
governed by NECivR 26.1. The disclosures required by Fed. R. Civ. P. 26(a)(3) shall be filed
when served. Note: Disclosures that are filed should be redacted so no personal information
(e.g., home addresses, phone numbers, Social Security numbers, etc.) is made part of the
public record.
4.
Withholding Documents from Disclosure or Discovery. If any document is
withheld from production or disclosure on the grounds of privilege or work product, the
producing party shall disclose the following information about each such document withheld: 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 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.
5.
Limits on Discovery. Each party is limited to serving 30 interrogatories on any
other party. The plaintiffs as a group, and the defendants as a group, are each limited to taking 5
depositions in this case, without leave of court.
6.
Adding Parties; Amending Pleadings. Any motion to amend pleadings and/or
add parties shall be filed not later than February 15, 2018.
7.
Planning Conference. A telephone conference with the assigned magistrate
judge will be held on March 5, 2018, at 10:00 a.m., for the purpose of reviewing the preparation
of the case to date and the scheduling of the case to trial. Case conference instructions are
found at Filing No. 33. (At the request of the parties, the conference may be held in chambers).
Prior to the conference, counsel for the parties shall have:
a.

Disclosed the names, addresses, and affiliations with any party of all non-expert
witnesses;
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b.
c.
d.

e.
f.

Disclosed at least the names and addresses of all expert witnesses expected to
testify for that party at trial;
Completed a conference with opposing counsel concerning outstanding discovery
disputes as required by NECivR 7.1(i);
Discussed with opposing counsel plans for completing the depositions of expert
witnesses and other remaining discovery and the filing of motions for summary
judgment;
Provided their report(s) on the status of mediation and other settlement efforts as
required in paragraph 2, above; and
Discussed with opposing counsel any other matters which may influence the
setting of this case for trial.

8.
Motions to alter dates. All requests for changes of deadlines established by this
order shall be directed to the magistrate judge by appropriate motion.
9.
The stipulations of the parties regarding discovery and progression matters set
forth in their planning report to the court, not in conflict with the provisions of this order, are
approved and adopted. The stipulations for dismissal and/or striking of claims and/or defenses
contained in the parties' planning report are approved and adopted, and all of such claims and/or
defenses are hereby dismissed and/or stricken.
10.
Trial is tentatively set for the month of September, 2018, and is tentatively
scheduled for 2 trial days.
Dated this 25th day of January, 2018.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge

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