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Beller v. Coloplast

United States District Court, D. Nebraska

November 14, 2016

GARY L. BELLER and MARY K. BELLER, Husband and Wife, Plaintiffs,
v.
COLOPLAST A/S, COLOPLAST CORPORATION, and COLOPLAST MANUFACTURING, U.S. LLC, Defendants.

          AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

          F.A. Gossett, III United States Magistrate Judge

         This case is before the court on the parties' Joint Motion to Extend Scheduling Order Deadlines (#29). The motion will be granted.

         IT IS ORDERED that the provisions of the court's earlier, initial progression order remain in effect, and in addition to those provisions, the requested deadlines will be amended.

         1. Motions for Summary Judgment. Motions for summary judgment shall be filed not later than October 16, 2017. See NECivR 56.1 and 7.0.1.

         2. Discovery Deadlines:

         a. Deposition Deadline.

         All depositions, whether or not they are intended to be used at trial, shall be completed by August 1, 2017.

         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 June 30, 2017. 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 April 17, 2017, 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).

         3. Disclosure of Expert Witnesses.[1]

         Each plaintiff, counter-claimant, and cross-claimant shall, as soon as practicable but not later than February 15, 2017, 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 April 14, 2017. 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 16, 2017, 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 ...


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