United States District Court, D. Nebraska
UNITED FIRE & CASUALTY COMPANY, a/s/o TONY'S STEAKHOUSE, INC., Plaintiff,
VENTURA FOODS, LLC and SYSCO CORPORATION, Defendants.
ORDER AMENDING FINAL PROGRESSION SCHEDULE
Gossett, III United States Magistrate Judge
case is before the court on the Defendants' Unresisted
Motion to Continue Trial (#43). After consideration, the
motion will be granted.
ORDERED that the provisions of the court's earlier,
initial progression order remain in effect, and in addition
to those provisions, the amended deadlines shall apply:
Motions for Summary Judgment. Motions for summary judgment
shall be filed not later than November 5, 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
September 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 September 17, 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 February 15, 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).
Disclosure of Expert Witnesses. Each plaintiff, counter-claimant,
and cross-claimant shall, as soon as practicable but not
later than April 17, 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 August 1, 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 August 29, 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 March 5, 2018: 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 March 5, 2018: 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. ...