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Valiante v. United States

United States District Court, District of Nebraska

February 9, 2015

PETER J. VALIANTE, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

ORDER

Thomas D. Thalken United States Magistrate Judge

This matter is before the court on the parties’ Joint Motion for Continuance (Filing No. 26). The court held a telephone conference on February 9, 2015, to discuss the motion. Terry Sibbernsen represented the plaintiff. Assistant U.S. Attorney Timothy R. Hook represented the defendant. Upon consideration, IT IS ORDERED:

The parties’ Joint Motion for Continuance (Filing No. 26) is granted as set forth below.

IT IS FURTHER ORDERED: The provisions of the court’s earlier progression order remain in effect, and in addition to those provisions, the following shall apply:

1. Disclosure of Expert Witnesses.[1]

The plaintiff shall, as soon as practicable but not later than May 19, 2015, serve the defendant with the statement required by Fed.R.Civ.P. 26(a)(2) regarding each expert witness he expects to call to testify at trial pursuant to the provisions of Rule 702, 703 or 705, Fed. Rules of Evidence. The 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 June 18, 2015. If necessary to refute the disclosed opinions of an expert witness of the defendant, the plaintiff may disclose additional expert witnesses not later than July 16, 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 Supplementation of these disclosures, if originally made prior to these deadlines, shall be made on these deadlines as to any information for which supplementation is addressed in Fed.R.Civ.P. 26(e).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.

2. 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 October 16, 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 - On or before November 20, 2015: The designation of discovery testimony and discovery responses intended to be utilized at trial.
c. Trial Exhibits - On or before December 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 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 objections, unless excused by the court for good cause shown.

3. Motions in Limine.

a. Motions in limine challenging the admissibility of expert testimony at trial under Fed.R.Evid. 702 shall be filed by August 14, 2015. See Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999); Daubert v. Merrell-Dow Pharms., 509 U.S. 579 (1993). The motions should be accompanied by a request for a hearing, if necessary. ...


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