United States District Court, D. Nebraska
FOURTH 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
Discovery Deadline. All discovery, whether
or not intended to be used at trial, shall be completed by
September 15, 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 September 15,
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 October 16, 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originally made prior to these deadlines, shall be made on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
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 need arises.
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 cause shown.
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
November 13, 2017, in the absence of which
any objection based upon said rule shall be deemed waived.
See Kumho Tire Co., Ltd. v. ...