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Livingston Enterprises, Inc v. Lextron

April 23, 2013

LIVINGSTON ENTERPRISES, INC., PLAINTIFF,
v.
LEXTRON, INC., A COLORADO CORPORATION;
ANIMAL HEALTH INTERNATIONAL, INC., A COLORADO CORPORATION; AND
BOEHRINGER INGELHEIM VETMEDICA, INC., A DELAWARE CORPORATION;
DEFENDANTS.
ANIMAL HEALTH INTERNATIONAL, INC., A COLORADO CORPORATION;
PLAINTIFF,
v.
LIVINGSTON ENTERPRISES, INC., A NEBRASKA CORPORATION;
DEFENDANT.



The opinion of the court was delivered by: Cheryl R. Zwart United States Magistrate Judge

SECOND AMENDED PROGRESSION ORDER

This matter is before the court on the Plaintiff Livingston Enterprises, Inc.'s motions to extend certain deadlines related to its claims against defendant Boehringer Ingelheim Vetametica, Inc., (filing no. 76; case no 8:11cv352 and filing no. 54; case 8:12cv144). The third motion to extend deadlines related to its claims against Boehringer Ingelheim Vetmedica, Inc., (filing no. 81; case no. 8:11cv352 and filing no. 59; case 8:12cv144) is granted.

IT IS ORDERED:

1) The jury trial of this case is set to commence before John M. Gerrard, United States District Judge, in Special Proceedings Courtroom, United States Courthouse, Omaha, Nebraska at 9:00 a.m. on July 22, 2014, or as soon thereafter as the case may be called, for a duration of seven (7) trial days. This case is subject to the prior trial of criminal cases and such other civil cases as may be scheduled for trial before this one. Jury selection will be held at commencement of trial.

2) The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on July 8, 2014 at 10:00 a.m., and will be conducted by WebEx conferencing. To facilitate this conferencing method, the parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in either Word Perfect or Word format, by 5:00 p.m. on April 7, 2014. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by WebEx.

3) A telephonic conference with the undersigned magistrate judge will be held on February 11, 2014 at 9:30 a.m. to discuss the status of case progression and potential settlement. Counsel for plaintiff shall place the call.

4) The deadlines for moving to amend pleadings or add parties are:

For the plaintiff(s): July 29, 2013 For the defendant(s): August 28, 2013

5) As to all issues (both liability and damages) on all claims and defenses between all parties, Livingston may take 15 depositions; Animal Health and Boehringer may, collectively, take 20 depositions.

6) As to the liability issues, and defenses on such issues, on all claims between Livingston and Boehringer:

a. The deadlines for serving complete expert disclosures for liability experts, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:

For Livingston: July 30, 2013

For Boehringer: September 4, 2013

b. The deadline for completing discovery (both written and deposition) is October 15, 2013. Motions to compel Rule 33 through 36 written ...


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