United States District Court, D. Nebraska
ZACHARY R. WILLIAMS, Plaintiff,
AVERITT EXPRESS, a Tennessee Corporation; VERNA BAZILE, and RUSSELL STOVER CANDIES, LLC, Defendants.
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
M. Bazis United States Magistrate Judge
matter is before the Court on the Parties' Joint
Stipulation to Amend Progression Order (Filing No. 42). Upon
review, 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
Motions for Summary Judgment. Motions for
summary judgment shall be filed not later than June
30, 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 July 31, 2017.
b. Discovery Motions. Discovery motions
shall be filed not later than May 31, 2017.
Motions to compel shall not be filed without first contacting
the chambers of the undersigned magistrate judge to set a
conference to discuss the parties' dispute.
Disclosure of Expert Witnesses. Each plaintiff,
counter-claimant, and cross-claimant shall, as soon as
practicable but not later than February 28,
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 March 31, 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 April 14, 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disclosures, if originally made prior to these deadlines,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.
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 August 1,
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 September 19,
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.
402 and 403) is a waiver of such objections, unless excused
by the court for good cause shown.
Motions in Limine.
a. Motions in limine challenging the admissibility of expert
testimony at trial under Fed.R.Evid. 702, see Kumho Tire
Co., Ltd. v. Carmichael, 526 U.S. 137 (1999), and
Daubert v. Merrell-Dow Pharmaceuticals, 509 U.S. 579
(1993), shall be filed by June 15, 2017, and accompanied by a
request for a hearing if necessary. Failure to ...