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Rasby v. Pillen

United States District Court, D. Nebraska

August 1, 2017

DEBORAH RASBY, Plaintiff,
v.
JAMES D. PILLEN, Defendant.

          THIRD AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

          SUSAN M. BAZIS UNITED STATES MAGISTRATE JUDGE.

         This matter is before the Court on the parties' Joint Motion to Amend Order Setting Final Schedule for Progression of Case. (Filing No. 130.) The motion is granted.

         Accordingly, 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 August 1, 2017. See NECivR 56.1 and 7.0.1.

         2. Discovery Deadlines:

a. Deposition Deadline. Plaintiff has identified the following additional fact witnesses she wishes to depose: Dan O'Connor, Brett Bonwell, Sarah Pillen, Brock Pillen, Rick Schumacher, and/or Kruse, Schumacher, Smejkal & Brockhaus, P.C. Plaintiff will complete depositions of these witnesses no later than August 31, 2017. With respect to all other fact witnesses, the previous deadline remains in place.
b. Expert Depositions. The parties shall complete the depositions of all expert witnesses no later than September 29, 2017.
c. Written Discovery Deadline. The parties have completed written discovery and do not request an extension of this deadline. However, on July 19, 2017, Plaintiff issued a Notice of Intent to Serve Rule 45 Subpoena (Filing No. 124), which Defendant objected to (Filing No. 126). Counsel for the Plaintiff and Counsel for Defendant have conferred and agreed that the subpoenas referenced in Filing No. 124 may go forward with the understanding that no further written discovery will be issued.
d. Discovery Motions. Discovery motions shall be filed not later than March 31, 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). 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.

         3. 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 January 22, 2018:
The name, address and telephone number[1] of each witness, separately identifying those whom the party expects to present and those whom ...

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