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Margaret J. Simmons-Davis v. Omaha Public

February 21, 2013

MARGARET J. SIMMONS-DAVIS, PLAINTIFF,
v.
OMAHA PUBLIC SCHOOLS, DEFENDANT.



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

ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

This matter if before the court on the parties' Joint Motion for Extension of Deadline to File Summary Judgment Motions (Filing No. 35). The court's October 31, 2012, progression order (Filing No. 27) is amended as set forth below.

IT IS ORDERED: The parties' Joint Motion for Extension of Deadline to File Summary Judgment Motions (Filing No. 35) is 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. Motions for Summary Judgment. Motions for summary judgment shall be filed not later than April 30, 2013. See NECivR 56.1 and 7.1.

2. Discovery Deadlines.

a. Deposition Deadline. All depositions, whether or not they are intended to be used at trial, shall be completed by June 3, 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.

3. 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 May 3, 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 August 2, 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 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 ...


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