United States District Court, D. Nebraska
FARMERS EDGE INC., FARMERS EDGE (US) INC., and FARMERS EDGE (US) LLC, Plaintiffs,
FARMOBILE, LLC, JASON G. TATGE, HEATH GARRETT GERLOCK, and RANDALL THOMAS NUSS, Defendants.
FOURTH AMENDED ORDER SETTING FINAL SCHEDULE FOR
PROGRESSION OF CASE
M. Bazis United States Magistrate Judge.
telephone conference was held in this matter on July
27, 2017 to discuss progression matters. Pursuant to
the discussion held during the conference, IT IS
ORDERED that the provisions of the Court's
earlier, initial progression order and subsequent amended
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
January 5, 2018. See NECivR
56.1 and 7.0.1.
Disclosure of Expert
Witnesses. Each plaintiff, counter-claimant,
third-party claimant, and cross-claimant shall, as soon as
practicable but not later than October 6,
2017, for all experts except experts opining
regarding the parties' software code content and
architecture (hereinafter “software experts”),
whose deadline will be October 23, 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, third-party 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
November 3, 2017, with the exception of software
experts, whose deadline will be November 20, 2017.
If necessary to refute the disclosed opinions of an expert
witness of an opponent, a plaintiff, counter-claimant,
third-party claimant, or cross-claimant may disclose
additional expert witnesses not later than December
1, 2017, with the exception of software experts, whose
deadline will be December 18, 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disclosures, if originally made prior to these deadlines,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.
a. Deposition Deadline. All depositions,
whether or not they are intended to be used at trial, shall
be completed by December 22, 2017, with the limited
exception that this deadline may be extended by agreement of
the parties: (a) solely to permit time to take the
depositions of a corporate representative of OSB AG Munich
and any of its employees in Germany as the parties must
comply with Hague Convention processes and German laws with
the result that additional time may be required to complete
these depositions; and (b) to take depositions of rebuttal
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 October 27,
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 September 26,
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 7.01(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.
Confidentiality Designations And Errata
Sheets. The deadline for designating deposition
transcripts and exhibits as CONFIDENTIAL or CONFIDENTIAL -
ATTORNEYS' EYES ONLY under the Stipulated Protective
Order (Filing No. 77) shall be August 10,
2017 for any deposition transcripts as to which the
deadline for those designations would have been during the
period from July 6, 2017 through July 27, 2017, and the
deadline for errata sheets for those depositions shall be
August 28, 2017.
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 April 2,
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
c. Trial Exhibits - On or before April 2,
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.