United States District Court, D. Nebraska
SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR
PROGRESSION OF CASE
M. Bazis United States Magistrate Judge
matter is before the Court on the Joint Motion to Extend
Deadlines. (Filing No. 40.) The motion is granted.
progression will proceed as follows:
Dispositive Motions. Dispositive motions shall be
filed not later than December 15, 2017.
See NECivR 56.1 and NECivR 7.1.
a. Non-Expert Witness Deposition Deadline.
All non-expert depositions, whether or not they are intended
to be used at trial, shall be completed by December
b. Expert Witness Deposition Deadline.
Expert witness depositions, whether or not they are intended
to be used at trial, shall be completed by January
c. 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 November 13,
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.
d. Discovery Motions. Discovery motions
shall be filed not later than October 17,
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' dispute.
Disclosure of Expert Witnesses. Each defendant,
counter-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 15, 2017. 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
31, 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originally made prior to these deadlines, shall be made on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. Non-expert Witnesses - On or before April 11,
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 11,
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 ...