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Broom, Clarkson, Lanphier & Yamamoto v. Kountze

United States District Court, D. Nebraska

September 28, 2015

BROOM, CLARKSON, LANPHIER & YAMAMOTO, a Partnership, Plaintiff,
v.
EDWARD KOUNTZE, individually and as Personal Representative of the Estate of Denman Kountze, Jr. in Collier County, Florida, Defendant.

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

THOMAS D. THALKEN UNITED STATES MAGISTRATE JUDGE.

This matter is before the court on the plaintiff’s Unopposed Motion to Amend Progression Order (Filing No. 63). The plaintiff seeks an extension of certain deadlines by three months. The plaintiff states the proposed modifications do not change the pretrial conference or trial date. However, the court finds good cause exists to modify the progression order as requested, which would necessitate moving additional deadlines, including the pretrial conference and the trial. Accordingly, IT IS ORDERED: The plaintiff’s Unopposed Motion to Amend Progression Order (Filing No. 63) is granted as set forth below.

IT IS FURTHER ORDERED:

1. Motions to Dismiss or for Summary Judgment. Motions to dismiss or for summary judgment shall be filed not later than May 2, 2016. See NECivR 56.1 and 7.1.

2. Discovery Deadlines.

a. 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 December 30, 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.
b. Fact Witness Deposition Deadline. All fact witness depositions, whether or not they are intended to be used at trial, should be completed by February 1, 2016.
c. Deposition Deadline. Any deposition not already taken and to be used at trial shall be completed by April 1, 2016.

3. Expert witnesses are to be identified by name and address by the plaintiff on or before December 30, 2015, and by the defendant on or before January 15, 2016.

4. The plaintiff’s expert reports shall be served by February 1, 2016, and the defendant’s expert reports shall be served by March 1, 2016.

5. Motions in Limine.

a. Motions in limine challenging the admissibility of expert testimony at trial under Fed.R.Evid. 702 shall be filed by March 15, 2016. 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. Failure to timely move for a hearing may constitute waiver of the request for a hearing.
b. Any other motions in limine shall be filed on or before September 9, 2016.

6. Trial Exhibits - On or before September 2, 2016: 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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