COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. IN THE UNITED STATES DISTRICT COURT : JUDICIAL SUBPOENA Plaintiff(s) FOR THE DISTRICT OF NEBRASKA -against- : ) : ) 4: Plaintiff, ) : ) ORDER vs. ) SETTING SCHEDULE FOR Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ). . . . . . PROGRESSION OF CASE . ) ) Defendant. ) THE PEOPLE OF THE STATE OF NEW YORK TO IT IS ORDERED: 1) Trial is set for the * 2000 jury/non-jury session , for a duration of * trial days, in Courtroom 1, United States Courthouse, Lincoln, Nebraska. GREETINGS: 2) The Final Pretrial Conference with the undersigned WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before magistrate judge is set for *, 2000, at *.m. in chambers, 566 , the Honorable Building and United States Courthouse, Lincoln, Nebraska. at the Court Federal located at County of The final pretrial conference shall be attended by lead counsel infor represented parties. Counsel shall complete the room , on the day of , 20 , at o'clock in prior to and at any recessed noon, the orpretrial conference, all items witness in this actionin the part of the adjourned date, to testify and give evidence as a as directed on NELR 16.2. By the time of the pretrial conference, full preparation for trial shall have been made so that trial may begin at any time during the session indicated above. The trial date will be determined at Your failure to comply with theretofore determined by court and will make the conference, if not this subpoena is punishable as a contempt ofthe parties' you liable to the party on whose behalf this subpoena was below. a maximum penalty of $50 and all damages sustained as a responses to paragraph 17, issued for result of your failure to comply. 3) The pretrial conference will include a discussion of settlement, and counsel shall be prepared throughofinvestigation, Witness, Honorable , one the Justices of the discovery and communication with clients and insurers, if any, to Court in County, day of , 20 discuss fully the subject of settlement, including realistic expectations about liability, obstacles to agreement, offers made, offers which can be made at the conference, and recommendations for further negotiations and conferences. below) (Attorney must sign above and type name 4) Mandatory Disclosures. The mandatory disclosures described in Fed. R. Civ. P. 26(a)(1) shall be completed by all Attorney(s) for parties on or before * 5) Limits on Discovery. Each party is limited to serving * interrogatories on any other party. The plaintiffs as a group, the defendants as a group, and the third party defendants as a Office and P.O. Address group are each limited to taking * depositions in this case, without leave of court. 6) Deposition Deadline. All depositions, whether or not Telephone No.: they are intended to be used at trial,Facsimile No.: completed by shall be E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. * All interrogatories, requests for admission and requests for : JUDICIAL SUBPOENA Plaintiff(s) production or inspection, whether or not they are intended to be used at trial, shall be served sufficiently early to allow rule -against: time response before that date. Counsel may stipulate to extensions of time to respond to discovery requests in accordance : with Fed. R. Civ. P. 29, as amended, but such extensions shall not extend any of the dates in this order; any requests for : extensions of any of the deadlines herein shall be made by appropriate motion and order. Defendant(s) : ...................................................... 7) Any motions to compel discovery shall be filed not later than thirty (30) days prior to the date set forth above for completion of depositions as to matters which are then ripe for THE PEOPLE OFdiscoveryOF NEW YORK decision; THE STATE matters arising after that date may be the subject of motions to compel discovery until the date set for completion of depositions. Counsel are reminded of the TO provisions of NELR 7.1(i). 8) The filing of disclosures under Fed. R. Civ. P. 26(a)(1), (2), and (3), as well as the filing of discovery GREETINGS: documents, depositions, and disclosures required by this order shallWE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before be governed by NELR 26.1. , the Honorable Withholding Documents the at from Disclosure or Discovery. Court 9) If located at County of any document is withheld from production or disclosure on the ingrounds of , privilege or work product, the producing party and at any recessed room on the day of , 20 , at o'clock in the noon, shall ordisclose thetestify and give evidence as a witness about each the part of the adjourned date, to following information in this action on 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 Your and position this its author; (c) the date it and written; identity failure to comply with of subpoena is punishable as a contempt of court waswill make you liable to the party on whose behalf this subpoena was issued forits addressee; (e)and all damages sustained as a (d) the identity and position of a maximum penalty of $50 the result of your failure to comply. identities and positions of all persons who were given or have received copies of it and the dates copies were given to them; (f) the document's present location and the identity Justices of the Witness, Honorable , one of the and position of its custodian; (g) the specific reason or reasons why it has Court in withheld from production or , 20 County, day of been disclosure. 10) Disclosure of Expert Witnesses. 1 Each plaintiff, counter-claimant, and cross-claimant shall,must sign above and type name below) (Attorney as soon as practicable but not later than sixty (60) days prior to the date set for the completion of depositions, serve all opposing parties with the statement required by Fed. R. Civ. P. 26(a)(2) regarding each expert witness it expects to callAttorney(s) for to testify at trial pursuant to the provisions of Rule 702, 703 or 705, Fed. Rules of Evidence. Each defendant, counter-defendant, and cross-defendant Office and P.O. Address 1 Generally, a treating physician shall not be deemed to be "retained or specially employed to provide expert testimony in a case" pursuant to Fed. R. Civ. P. 26(a)(2)(B), but a treating Telephone No.: physician must be identified pursuant to Fed. R. Civ. P. Facsimile No.: 26(a)(2)(A). E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. shall serve its statement of the expert : witnesses it expects to JUDICIAL SUBPOENA call to testify pursuant toPlaintiff(s)702, 703 or 705, Fed. Rules of Rule Evidence, pursuant to Fed. R. Civ. P. 26(a)(2) as soon thereafter -against: as practicable, but not later than thirty (30) days prior to the date set for the completion of depositions. If necessary to : refute the disclosed opinions of an expert witness of an opponent, a party may disclose additional expert witnesses not : later than fifteen (15) days prior to the date set for completion of depositions, provided that the disclosing party then provides Defendant(s) : . .all. . of. . the . information. . described . in. . Fed. R. Civ. P. Rule 26(a)(2) ... .. .... .............. ............ .. ..... and makes the expert witness available for deposition prior to the date set for completion of deposition. Supplementation of these disclosures, if originally made prior to these deadlines, THE PEOPLE OF THE STATE OF NEW YORK shall be made on these deadlines as to any information for which supplementation is addressed in Fed. R. Civ. P. 26(e). The testimony of the expert at trial shall be limited to the TO information disclosed in accordance with this paragraph. 11) Pretrial Disclosures: Pursuant to Fed. R. Civ. P. 26(a)(3), each party shall provide to all other parties the GREETINGS: following information regarding the evidence that it may present at trial other than solely for and excuses being laid aside, you and each of you attend before impeachment purposes as soon as WE COMMAND YOU, that all business practicable but not later than the date specified : a. Nonexpert , the Honorable at the Witnesses - (thirty (30) days prior to theCourt date set as the located at name, address and telephone number of County of deposition deadline): The ineach witness,the room , on separately identifyingatthoseo'clock in the party and at any recessed day of , 20 , noon, expects whom the orto present to testify and give evidence as a party in this action on if part of the adjourned date, and those whom the witness may call the the need arises. b. Deposition Testimony and Discovery - (five (5) working days before the final pretrial conference): 1) The portions of each deposition, designated by page and line, that it intends to offer Your failure to comply with this subpoena of another contempt of intends to and 2) each discovery response is punishable as a party itcourt and will make you liable to the party on whose behalf this Exhibits issued for a maximum penalty of $50 and all damages sustained as a offer. c. Trial subpoena was - (five (5) working days before the result of your failure to comply. final pretrial conference): 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, one of the Justices ofmay exhibits it the Witness, Honorable offer only if the need arises. d. Waiver of Objections: Any Court inall objections to day of use of , 20 witnesses, deposition County, and the the testimony, discovery responses, or exhibits disclosed pursuant to the above subparagraphs, including any objection pursuant to F.R.Civ.P. 32(a) that a deponent is available sign above and type name below) (Attorney must 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) shall be deemed waived, unless excused by the court for good Attorney(s) for cause shown. 12) Motions for Summary Judgment. (a) Qualified Immunity. Any motion for summary judgment or partial summary judgment based upon qualified or "good faith" immunity to claims brought pursuant to 42 U.S.C. § 1983 shall be Office andwithin sixty (60) filed P.O. Address days of the date of this order, in the absence of which such a defense shall be deemed waived and abandoned, the defendant then having submitted to suit. (b) All other motions for summary Telephone No.: judgment shall be filed not later thanFacsimile No.: thirty (30) days prior to E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. the date set for completion of depositions. See NELR 56.1 and : JUDICIAL SUBPOENA Plaintiff(s) 7.1. -against- : 13) Motions in Limine. Any motion in limine challenging the admissibility of testimony of an expert witness under Rule : 702, Fed. Rules of Evidence shall be filed not later than five (5) working days following the deadline : for completion of depositions, in the absence of which any objection based upon said rule shall be deemed waived. See Kumbo Tire Co., Ltd. v. Defendant(s) : . .Carmichael, . .119. .S.Ct.. .1167,. .(1999); . Daubert v. Merrell Dow .............. ... ...... ...... ......... ..... Pharmaceuticals, 509 U.S. 579 (1993). Any other motions in limine shall be filed on or before the date of the final pretrial conference. THE PEOPLE OF THE STATE OF NEW YORK 14) Adding Parties; Amending Pleadings. Any motions to add parties or to amend pleadings to this action shall be filed TO within ninety (90) days. 15) Certifying Class Actions. Any motion to certify this case as a class action shall be filed within ninety (90) days of GREETINGS: the date of this order, in the absence of which any claim in the pleadings that this is all business and excuses being laidbe deemed each of you attend before a class action shall aside, you and abandoned, WE COMMAND YOU, that and the case shall proceed, for purposes of Fed. R. Civ. P. 23 as , the Honorable at the Court if a motion for class certification had been filed and denied by located at County of the court. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date,The parties'evidence as a witness in this action on the part of the 16) to testify and give stipulations and agreements reflected in their planning report filed with the Court, insofar as they do not conflict with this order, are adopted. Your failure to comply Lengthsubpoena is punishable Settlement; Scheduling you liable to 17) Report on with this of Trial and as a contempt of court and will make the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Trial. result of your failure to comply. (a) Counsel for each party shall inform the court, by letterHonorable Witness, delivered to the undersigned not later the Justices of the , one of than the first working day of the second month preceding the month at which Court in the case is set foroftrial, of20the number of trial days County, day , expected to be necessary to complete the trial of the case if settlement is not reached. (Attorney must sign above and type name below) (b) Counsel for the parties shall confer with respect to the settlement of this matter without trial, and counsel for each party shall inform the undersigned by the same letter of the status of such settlement Attorney(s) for negotiations, including demands made, counter-demands and counter-offers made, obstacles to settlement, the likelihood of resolution of the matter without trial, and counsel's candid opinion on the probabilities of settlement if a separate settlement Office and were convened. In conference with the parties and counsel P.O. Address the event counsel for any party is of the belief that a settlement conference should be convened, a request therefor should be included in the letter.Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. (c) Counsel should also discuss whether mediation, : JUDICIAL SUBPOENA Plaintiff(s) arbitration, summary jury trial, or other alternative dispute resolution techniques may provide a reasonable -against: chance of settlement. Counsel are directed to the court's Mediation Plan, copies of which are available from the : clerk. Requests to refer this case to mediation shall be made to the undersigned by letter; : no filing is necessary. (d) In the same letter counsel shall advise the undersigned Defendant(s) : . . . . . . . . of . any . . . . . . . . . . . . . . . .conflicts. . known. .at the time of the letter . . . . . . . scheduling . . . . . . . . . . . . . . . . . . that would interfere with the setting of the trial during any portion of the month in which it is set. In the absence of any indication of conflicts, trial counsel will be THE PEOPLE OF THE STATE OF NEW YORK for trial at ANY time the case may presumed to be available be scheduled during the designated trial term. TO 18). Motions to alter dates. All requests for changes of date settings shall be directed to the magistrate judge by appropriate motion, including all requests for changes of trial dates. GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before DATED , the Honorable at the Court located at County of BY THE COURT: in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the _____________________________ Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a David L. Piester and all damages sustained as a maximum penalty of $50 result of your failure to comply. United States Magistrate Judge Rev: 02/98 Honorable Witness, (Para. 04/99 (Para. Court in 11/18 (Para. County, 04/00 (Para. 11(d)) 13) 13) day of 1) , one of the Justices of the , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com