United States District Court, D. Nebraska
TASHA M. MCNEIL, Plaintiff,
UNION PACIFIC RAILROAD COMPANY, Defendant.
SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR
PROGRESSION OF CASE
Michael D. Nelson United States Magistrate Judge
matter is before the Court on the parties' Joint Motion
for Extension of Deadlines (Filing No. 32). The
Court held a Scheduling Conference regarding the motion on
September 19, 2017, with counsel for the parties appearing by
telephone. Pursuant to Fed.R.Civ.P. 16 concerning matters of
importance in scheduling this case, and in accordance with
the matters discussed at the Conference, IT IS
ORDERED that the Joint Motion for Extension of
Deadlines (Filing No. 32) is granted as follows:
Motions to Dismiss and Motions for Summary
Judgment. Motions to Dismiss and/or Motions for
summary judgment shall be filed not later than
January 5, 2018. See NECivR
56.1 and NECivR 7.1.
Deposition Deadline. All depositions,
whether or not they are intended to be used at trial, shall
be completed by December 1, 2017.
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 1,
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.
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:
Nonexpert Witnesses - On or before May 16,
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.
Deposition Testimony and Discovery - The
designation of discovery testimony and discovery responses
intended to be utilized at trial is not required at this
Trial Exhibits - On or before May 16, 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.
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.
402 and 403) is a waiver of such objections, unless excused
by the Court for good cause shown.
Motions in Limine.
Motions in limine challenging the admissibility of expert
testimony at trial under Fed.R.Evid. 702, seeKumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137
(1999), and Daubert v. Merrell-Dow Pharmaceuticals,
509 U.S. 579 (1993), shall be filed by January 5,
2018, and accompanied by a request for a hearing if