United States District Court, D. Nebraska
LINDA L. FAULKNER, Plaintiff,
DOUGLAS COUNTY, NEBRASKA, a political subdivision of the State of Nebraska, Defendant.
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
Gossett, III United States Magistrate Judge.
case is before the court on the parties' Joint Motion to
Extend Deadline (#22). The motion is hereby granted.
ORDERED that the provisions of the court's earlier,
initial progression order remain in effect, and in addition
to those provisions, these amended deadlines shall apply:
Motions for Summary Judgment. Motions for summary judgment
shall be filed not later than November 2, 2016. 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
October 31, 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 September 1, 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 June 10, 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 June 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 July 15, 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 29, 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 November 4, 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 at this time.
c. Trial Exhibits - On or before November 4, 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 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. ...