United States District Court, D. Nebraska
CONTINENTAL WESTERN INSURANCE COMPANY, an Iowa corporation; Plaintiff,
HERBEK CONSTRUCTION, LLC, a Nebraska limited liability company; and HERBEK & BASSETT CONSTRUCTION, LLC, a Nebraska limited liability company; Defendants.
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
M. BAZIS, UNITED STATES MAGISTRATE JUDGE
matter is before the Court on the Joint Motion of the parties
to extend progression deadlines.
the final schedule for progression shall be as follows:
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:
Motions for Summary Judgment. Motions for summary judgment
shall be filed not later than March 8, 2018. See
NECivR 56.1 and NECivR 7.1.
a. Deposition Deadline. All depositions, whether or not they
are intended to be used at trial, shall be completed by
February 28, 2018.
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 30, 2018. 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 December 27, 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
7.1(i). 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'
Disclosure of Expert Witnesses. Each plaintiff, counter-claimant,
and cross-claimant shall identify expert witnesses by October
31, 2017 and shall serve expert reports by November 30, 2017.
Each defendant, counter-defendant, and cross-defendant shall
identify expert witnesses by December 13, 2017, and serve
expert reports by January 12, 2018. 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 January 26, 2018,
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 May 9, 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 May 9, 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 ...