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Petrone v. Werner Enterprises, Inc.

United States District Court, D. Nebraska

November 21, 2014

PHILIP PETRONE, et al., Plaintiffs,
v.
WERNER ENTERPRISES, INC., d/b/a WERNER TRUCKING, and DRIVERS MANAGEMENT, LLC Defendants. PHILIP PETRONE, et al., Plaintiffs,
v.
WERNER ENTERPRISES, INC. d/b/a WERNER TRUCKING and DRIVERS MANAGEMENT, LLC, Defendants.

2ND AMENDEDC FINAL PROGRESSION ORDER

LYLE E. STROM, District Judge.

This matter is before the court on the parties' Stipulated Progression Order [294].

IT IS ORDERED:

1. Discovery Deadline. All discovery, whether or not intended to be used at trial, shall be completed by April 1, 2014. 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 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.

2. Limits on Discovery. Each party is limited to serving twenty-five (25) interrogatories, including subparts, on any other party. Each party is limited to taking ten (10) depositions in this case, without leave of court. Depositions shall be limited by Rule 30(d)(2).

3. Disclosure of Expert Witnesses.[1] On or before January 15, 2014, the plaintiffs shall identify all expert witnesses and shall serve the defendants 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. If necessary to refute the disclosed opinions of an expert witness of plaintiffs, defendants may disclose additional expert witnesses not later than December 5, 2014, 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 deposition. The plaintiff's may petition the court for a reply report, not later than January 12, 2015. Supplementation of these disclosures, if originally made prior to these deadlines, shall be made on these deadlines as to any information for which supplementation is addressed in Fed.R.Civ.P. 26(e).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: Pursuant to Fed.R.Civ.P. 26(a)(3), each party shall provide to all other parties the following information regarding the evidence that it may present at trial other than solely for impeachment purposes as soon as practicable but not later than the date specified:

A. Nonexpert Witnesses - 30 days prior to deposition deadline: 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 - 5 days before final pretrial conference: 1) The portions of each deposition, designated by page and line, that it intends to offer and 2) each discovery response of another party it intends to offer. Such designations and any objections thereto shall also be included in the final pretrial conference order. See NELR 16.2.
C. Trial Exhibits - 5 working days before final pretrial conference: A list of all exhibits it expects to offer by providing a numbered listing and permitting examination of such exhibits. The parties shall also designate on the list those exhibits it may offer only if the need arises.
D. Waiver of Objections: Any objections to the use of witnesses, deposition designations, discovery responses, or exhibits shall be listed in 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 cause shown.
E. Filing of Disclosures: The filing of pretrial disclosures required by Fed.R.Civ.P. 26(a)(3) shall be deemed filed at the time of the filing of the Order on Final Pretrial Conference in this matter.

5. Expert Witness Testimony. The parties' shall file their Expert Depositions by March 2, 2015. 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 April 13, 2015, in the absence of which any objection based upon said rule shall be deemed waived. See Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999); Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).

6. Rule 104 Hearings. Any pretrial motion which will require an evidentiary hearing pursuant to Fed.R.Evid. 104 shall be filed not later than five (5) working days following ...


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