Susman, et al v. The Goodyear Tire & Rubber Company, et al

Filing 149

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - A telephone conference was held in this matter on November 1, 2019 to discuss the Defendant's Motion to Continue Trial Date, Motion for Special Setting, and Motion for Modifica tion of Progression Order. (Filing No. 145 .) The motion is granted in part, as follows: IT IS ORDERED that the provisions of the Court's earlier final progression order remain in effect, and in addition to those provisions, the following shall apply: Final Pretrial Conference set for 2/18/2020 at 10:00 AM Internet/Telephonic Conferencing before Magistrate Judge Susan M. Bazis. Jury Trial set for 3/17/2020 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18 th Plaza, Omaha, NE before Senior Judge Laurie Smith Camp. A telephonic conference to discuss the status of case progression and the parties' interest in settlement will be held with the undersigned magistrate judge on January 21, 2020 at 11:00 a.m. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Susan M. Bazis. (TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RYSTA LEONA SUSMAN, Both Individually
and as Legal Guardian of Shane Allen
Loveland; and JACOB SUMMERS,
Plaintiffs,
vs.

8:18CV127
AMENDED ORDER SETTING
FINAL SCHEDULE FOR
PROGRESSION OF CASE

THE GOODYEAR TIRE & RUBBER
COMPANY,
Defendant.
A telephone conference was held in this matter on November 1, 2019 to discuss the
Defendant’s Motion to Continue Trial Date, Motion for Special Setting, and Motion for
Modification of Progression Order. (Filing No. 145.) The motion is granted in part, as follows:
IT IS ORDERED that the provisions of the Court's earlier final progression order remain
in effect, and in addition to those provisions, the following shall apply:
1.
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 January 28, 2020: 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 January 28, 2020: 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.

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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.

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.
2.

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 August 12, 2019, 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.
b. Any other motions in limine shall be filed on or before February 4, 2020. Any
responses to motions in limine shall be filed on or before February 11, 2020.

3.
A telephonic conference to discuss the status of case progression and the parties’
interest in settlement will be held with the undersigned magistrate judge on January 21, 2020 at
11:00 a.m. Counsel shall use the conferencing instructions assigned to this case to participate in
the conference.

4.
The Final Pretrial Conference with the assigned magistrate judge is set for
February 18, 2020, at 10:00 a.m. and will be conducted by internet/telephonic conferencing.
Counsel shall use the conferencing instructions assigned to this case to participate in the
conference. (If counsel wishes to appear in person, counsel must contact chambers requesting
permission to do so. Before contacting chambers to request such relief, counsel shall confer
regarding the issue.) The parties’ proposed Pretrial Conference Order and Exhibit List(s) must be
emailed to [e-mail], in Word format, by 12:00 p.m. on February 13, 2020.
5.

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 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
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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.
6.
A 10-day jury trial is set to commence, at the Court's call, during the week of
March 17, 2020, in Omaha, Nebraska, before the Honorable Laurie Smith Camp, Senior
United States District Judge. Unless otherwise ordered, jury selection shall be at the
commencement of trial.
7.
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 1st day of November, 2019.
BY THE COURT:

s/ Susan M. Bazis
United States Magistrate Judge

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