United States District Court, D. Nebraska
THIRD AMENDED FINAL PROGRESSION ORDER
E. STROM, Senior Judge.
matter is before the court on the Unopposed Motion to Extend
Deadlines Progression Order Deadlines, filing .
Mandatory Disclosures. The mandatory disclosures described in
Fed.R.Civ.P. 26(a)(1) have been completed.
Discovery Deadline. All discovery, whether or not intended to
be used at trial, shall be completed by July 31, 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 order.
Limits on Discovery. Each party is limited to serving fifty
(50) interrogatories, including subparts, on any other party.
Each party is limited to taking seven (7) depositions in this
case, excluding expert depositions, without leave of court.
Depositions shall be limited by Rule 30(d)(2).
Disclosure of Expert Witnesses. On or before July 31, 2017, 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 August 31, 2017,
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 not later than fifteen (15) days
prior to the date set for completion of depositions, 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disclosures, if originally made prior to these deadlines,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 specified:
A. 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 need
B. 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. Such designations and any objections
thereto shall also be included in the final pretrial
conference order. See NELR 16.2.
C. 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
D. 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
E. 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 Order on Final
Pretrial Conference in this matter.
Expert Witness Testimony. Any motion challenging the
qualifications of an expert or the admissibility of testimony
of an expert witness under Rule 702, Fed. Rules of Evidence
shall be filed not later than September 28, 2017, in the
absence of which any objection based upon said rule shall be
deemed waived. See Kumho Tire Co., Ltd. v.