United States of America v. $799,870.00 in United States Currency

Filing 11

ORDER that on or before October 19, 2017, Claimant Pickett shall file an answer to Plaintiff's Complaint. The parties shall review the undersigned magistrate judge's practices posted at Civil Case Management Practices. Counsel for the pa rties shall confer and, on or before November 14, 2017, they shall jointly file an abbreviated Rule 26(f) Report, a copy of which is attached. If one or more of the parties believes a planning conference is needed to complete the abbreviated 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 attached Rule 26(f) Report, on or before November 7, 2017, a party shall contact my chambers at [phone], or by email addressed to [e-mail], to arrange a conference call. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,

8:17CV290

vs.
ORDER
$799,870.00 IN UNITED STATES
CURRENCY,
Defendant.
Joseph Pickett claims an interest in the Defendant currency. (Filing No.
10). Accordingly,
IT IS ORDERED:
1)

On or before October 19, 2017, Claimant Pickett shall file an answer
to Plaintiff’s Complaint.

2)

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

3)

Counsel for the parties shall confer and, on or before November 14,
2017, they shall jointly file an abbreviated Rule 26(f) Report, a copy
of which is attached.

4)

If one or more of the parties believes a planning conference is
needed to complete the abbreviated 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 attached Rule 26(f) Report, on
or before November 7, 2017, a party shall contact my chambers at
[phone], or by email addressed to [e-mail],
to arrange a conference call.

October 3, 2017.

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.

Mandatory disclosures required by Rule 26(a)(1), including a statement of
how each matter disclosed relates to the elements of the disclosing party's
claims or defenses
_____ have been completed.
_____ will be completed by ___________________________________.

C.

Motions to amend the pleadings or to add parties.

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1)

The plaintiff
_____ does
_____ does not

anticipate need to amend pleadings or add parties. Any motions to amend
pleadings shall be filed by _____________________.
2)

The claimant
_____ 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.__________________________________________________.

D.

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 claimant(s).

3)

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

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E.

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:
_________________________________________________.

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;

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(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
modifying

preservation
any

will

routine

require

suspending

or

business

processes

or

procedures, records 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
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(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.
_____
following

As to electronically stored information, the
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 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
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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:
_____

No special provisions are needed regarding

discovery of allegedly confidential information. If such issues

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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 claimants 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:
_________________________________________________.

F.

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

G.

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

H.

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.

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I.

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.

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/claimant’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 claimant 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 claimant
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.
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Dated: ________________________.

______________________________

_____________________________

Counsel for Plaintiff(s)

Counsel for Claimant(s)

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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