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Basra v. Ecklund Logistics, Inc.

United States District Court, D. Nebraska

November 14, 2016

INDERJEET BASRA, individually and as Personal Representative for the ESTATE OF ATINDERPAL SINGH; DILSHAAN S. REHAL, by and through his next friend, INDERJEET BASRA, Plaintiff,
v.
ECKLUND LOGISTICS, INC., Defendant.

          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 Stipulation of the parties (#37) to amend certain progression deadlines. The proposed amendments 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 following shall apply:

         1. Motions for Summary Judgment. Motions for summary judgment shall be filed not later than April 17, 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 February 17, 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 January 15, 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 September 16, 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).

         3. Disclosure of Expert Witnesses.[1]

         Each plaintiff, counter-claimant, and cross-claimant shall, as soon as practicable but not later than January 6, 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 February 17, 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 February 24, 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 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.

         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 March 24, 2017:

         The name, address and telephone number[2] of each witness, separately identifying those whom the party expects to present and those ...


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