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Cmac, Inc v. City of Omaha

February 15, 2013

CMAC, INC., PLAINTIFF,
v.
CITY OF OMAHA, DEFENDANT.



The opinion of the court was delivered by: Thomas D. Thalken United States Magistrate Judge

SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

This matter is before the court on the parties' Joint Stipulation to Continue (Filing No. 28), pursuant to Fed. R. Civ. P. 16, concerning matters of importance in scheduling this case. Upon a showing of good cause, the parties' stipulation is adopted and the court's September 4, 2012, amended progression order (Filing No. 27) is amended as set forth below.

IT IS ORDERED:

The parties' Joint Stipulation to Continue (Filing No. 28) is granted as set forth below. No further extensions of the deadlines will be granted except on a showing that, after an exercise of due diligence by the parties, a manifest injustice would occur if a requested extensions were not granted.

IT IS FURTHER ORDERED: The provisions of the court's earlier, progression orders remain in effect, except as expressly amended herein, and in addition to those provisions, the following shall apply:

1. Discovery Deadlines.

a. Deposition Deadline. All depositions, whether or not they are intended to be used at trial, shall be completed by May 1, 2013.

b. Written Discovery Deadline. All interrogatories, requests for admission and requests for production or inspection, whether or not they are intended to be used at trial, shall be served sufficiently early to allow rule time response before the deposition deadline. Counsel may stipulate to extensions of time to respond to discovery requests in accordance with Fed. R. Civ. P. 29, but such extensions shall not extend any of the dates in this order; any request to extend the deadlines of this order shall be sought by motion.

c. Discovery Motions. Discovery motions shall be filed not later than March 8, 2013, as to matters which are then ripe for decision; discovery matters arising after that date may be the subject of motions until the deposition deadline. Counsel are reminded of the provisions of NECivR 7.1(i).

2. Pretrial Disclosures.*fn1 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. Witnesses - On or before April 1, 2013: The name, address and telephone number 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 for this case. Motions to require such designations may be filed not later than fifteen days prior to the deposition deadline.

c. Trial Exhibits - On or before July 5, 2013: 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.

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 ...


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