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Colombo Candy & Tobacco Wholesale Co. v. Ameristar Casino Council Bluffs, Inc.

United States District Court, D. Nebraska

September 30, 2014

COLOMBO CANDY & TOBACCO WHOLESALE CO., d/b/a Colombo Distribution, Plaintiff,
v.
AMERISTAR CASINO COUNCIL BLUFFS, INC., Defendant.

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

THOMAS D. THALKEN, Magistrate Judge.

This matter is before the court on the plaintiff's Unopposed Motion to Extend Progression Order (Filing No. 78). Upon consideration,

IT IS ORDERED: The plaintiff's Unopposed Motion to Extend Progression Order (Filing No. 78) is granted.

IT IS FURTHER ORDERED: The provisions of the court's earlier progression orders remain in effect, 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 May 15, 2015. 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 19, 2015.

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 3, 2015, 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).

3. Disclosure of Expert Witnesses.[1] Each plaintiff, counter-claimant, and cross-claimant shall, as soon as practicable but not later than January 30, 2015, serve all opposing parties with the statement required by Fed.R.Civ.P. 26(a)(2) regarding each expert witness it expects to call 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 shall serve its statement of the expert witnesses it expects to call to testify pursuant to Rule 702, 703 or 705, Fed. Rules of Evidence, pursuant to Fed.R.Civ.P. 26(a)(2) as soon thereafter as practicable, but not later than March 18, 2015. If necessary to refute the disclosed opinions of an expert witness of an opponent, a plaintiff, counter-claimant, or cross-claimant may disclose additional expert witnesses not later than April 13, 2015, provided that the disclosing party then provides 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 depositions. Supplementation of these disclosures, if originally made prior to these deadlines, 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 information disclosed in accordance with this paragraph.

4. Pretrial Disclosures.[2] 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 1, 2015: 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 September 4, 2015: A list of all exhibits it expects to offer by providing a numbered listing and permitting examination of such exhibits, designating on the list ...


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