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West Plains, LLC v. Retzlaff Grain Co., Inc.

United States District Court, D. Nebraska

July 27, 2015

WEST PLAINS, LLC, d/b/a CT FREIGHT COMPANY, Plaintiff,
v.
RETZLAFF GRAIN COMPANY, INCORPORATED d/b/a RFG LOGISTICS, BRYCE WELLS, JEFFREY BRADLEY, THOMAS DANNER, REBECCA DANNER, JODY MAY, CHAD NEEDHAM, TODD PAYZANT, SAMANTHA RHONE, CRYSTAL KONECKY, CINDY SCHOLTING, AND DREW WAGGONER, Defendants.

FOURTH AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

F.A. Gossett, III United States Magistrate Judge

This case is before the court on the Joint Motion to Amend Progression Order (#133). The motion will be granted.

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

1. Motions for Summary Judgment. All summary judgment motions have been filed and submitted to the Court.

2. Discovery Deadlines:

a. Deposition Deadline. All depositions, whether or not they are intended to be used at trial, shall be completed by October 31, 2015. All interrogatories, requests for admissions, and requests for production or inspection, whether or not they are intended to be used at trial, shall be served sufficiently early to allow for a timely 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, and any requests for extensions of any of the deadlines herein shall be made by appropriate motion and order.
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 completed by August 31, 2015. 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 September 30, 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 7.0.1(i).

3. Pretrial Disclosures. 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. Nonexpert Witnesses – On or before October 2, 2015: Each party shall provide to all other parties the name 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 October 2, 2015: (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 NECivR 16.2.
c. Trial Exhibits – On or before October 2, 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 ...

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