United States District Court, D. Nebraska
ERIC D. HAYES, Plaintiff,
METROPOLITAN PROPERTY CASUALTY INSURANCE COMPANY, Defendants.
3RD AMENDED FINAL PROGRESSION ORDER
E. STROM, Senior Judge United States District Court
matter is before the court on the parties' Joint Motion
to Continue Remaining Deadlines in the 2nd Amended
Final Progression Order .
Mandatory Disclosures. The mandatory
disclosures described in Fed.R.Civ.P. 26(a)(1) have been
Discovery Deadline. All discovery, whether
or not intended to be used at trial, shall be completed by
January 6, 2017. 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 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; any requests for extensions of any of
the deadlines herein shall be made by appropriate motion and
Limits on Discovery. Each party is limited
to serving forty-five (45) interrogatories, including
subparts, on any other party. The parties' are limited to
taking fifteen (15) depositions in this case, excluding
expert depositions, without leave of court. On or before
January 6, 2017, all depositions by the parties' shall be
completed. Depositions shall be limited by Rule 30(d)(2).
Disclosure of Expert
Witnesses.On or before April 15, 2016, the plaintiff
shall identify all expert witnesses and shall serve the
defendant 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. On or before September 2,
2016, the defendant shall identify all expert witnesses and
shall serve the plaintiff 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 Rules 702, 703, or 705, Federal Rules of
Evidence. If necessary to refute the disclosed opinions of an
expert witness of an opponent, a party may disclose
additional expert witnesses on or before November 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 deposition. 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 provide to all other
parties the following information regarding the evidence that
it may present at trial other than solely for impeachment
purposes as soon as practicable but not later than the date
Nonexpert Witnesses - 30 days prior to deposition
deadline: 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
Deposition Testimony and Discovery - 5 days before
final pretrial conference: 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.
designations and any objections thereto shall also be
included in the final pretrial conference order. See NELR
Trial Exhibits - 5 working days before final
pretrial conference: A list of all exhibits it
expects to offer by providing a numbered listing and
permitting examination of such exhibits. The parties shall
also designate on the list those exhibits it may offer only
if the need arises.
Waiver of Objections: Any objections to the
use of witnesses, deposition designations, discovery
responses, or exhibits shall be listed in the pretrial order.
Failure to list objections (except those under Fed.R.Evid.
402 and 403) shall be deemed waived, unless excused by the
court for good cause shown.
Filing of Disclosures: The filing of
pretrial disclosures required by Fed.R.Civ.P. 26(a)(3) shall
be deemed filed at the time of the filing of the ...