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United States v. Travelers Casualty and Surety Co. of America

United States District Court, D. Nebraska

January 19, 2016

UNITED STATES OF AMERICA, for the use of DONALD B. MURPHY CONTRACTORS, INC., a Washington corporation, Plaintiff,
v.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation Bond No. 041-SB-105826131; TRAVELERS INDEMNITY COMPANY, a Connecticut corporation Bond No. 041-SB-105826131; and KIEWITPHELPS, a Joint Venture, Defendants. KIEWITPHELPS, a Joint Venture, Third-Party Plaintiff,
v.
TREVIICOS SOUTH, INC., a Delaware corporation, Third-Party Defendant Counterclaimant and Cross-Claimant, TREVIICOS SOUTH, INC., a Delaware corporation, Fourth-Party Plaintiff,
v.
LIBERTY MUTUAL INSURANCE COMPANY, Fourth-Party 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 parties’ Joint Stipulated Motion to Amend Order Setting Final Schedule for Progression of Case (Filing No. 75). The parties seek an extension of certain discovery and motion deadlines to discuss settlement and to substantially complete factual discovery before completing depositions and submitting expert reports. The parties state the proposed modifications do not change the trial date. However, while the court finds good cause exists to modify the progression order as requested, the modifications will require moving the pretrial conference and the trial. Accordingly, IT IS ORDERED: The parties’ Joint Stipulated Motion to Amend Order Setting Final Schedule for Progression of Case (Filing No. 75) is granted as set forth below.

IT IS FURTHER ORDERED: The provisions of the court’s earlier, initial progression order 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 September 2, 2016. See NECivR 56.1 and 7.1.

2. Discovery Deadlines.

a. Deposition Deadlines. All depositions, whether or not they are intended to be used at trial, shall be completed by July 29, 2016, for non-expert witnesses, and by August 15, 2016, for expert witnesses.
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 on or before May 2, 2016. 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 May 20, 2016, 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 May 27, 2016, 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 June 17, 2016. 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 July 1, 2016, 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 27, 2016: 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 ...

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