United States District Court, D. Nebraska
TUMININU J. OLUYOLE, Plaintiff,
YAHOO!, INC., Defendant.
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
Gossett, III United States Magistrate Judge
case is before the court on the Joint Motion for Extension of
Trial and Other Case Progression Deadlines (#59).
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
Motions for Summary Judgment. Motions for
summary judgment shall be filed not later than February 28,
2017. See NECivR 56.1 and 7.0.1.
a. Deposition Deadline. All depositions,
whether or not they are intended to be used at trial, shall
be completed by December 30, 2016.
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 November 30, 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 September 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 7.0.1(i).
Disclosure of Expert
Witnesses. Each plaintiff, counter-claimant, and
cross-claimant shall, as soon as practicable but not later
than April 15, 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 May 16, 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 May 31, 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.
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 May 5,
2017: 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 at this
c. Trial Exhibits - On or before May 5,
2017: 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.