Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Farmers Edge Inc. v. Farmobile, LLC

United States District Court, D. Nebraska

September 27, 2017

FARMERS EDGE INC., FARMERS EDGE (US) INC., and FARMERS EDGE (US) LLC, Plaintiffs,
v.
FARMOBILE, LLC, JASON G. TATGE, HEATH GARRETT GERLOCK, and RANDALL THOMAS NUSS, Defendants.

FIFTH AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

          Susan M. Bazis United States Magistrate Judge

         After having reviewed the request by the parties for an approximately three week extension of deadlines in this matter, IT IS ORDERED that the provisions of the Court's earlier, initial progression order and subsequent amended progression orders remain in effect, except as amended here, 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 January 19, 2018. See NECivR 56.1 and 7.0.1.

         2. Disclosure of Expert Witnesses.[1]

         Each plaintiff, counter-claimant, third-party claimant, and cross- claimant shall, as soon as practicable but not later than October 25, 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 22, 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 20, 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 Supplementation of these disclosures, if originally made prior to these deadlines, shall be made on these deadlines as to any information for which supplementation is addressed in Fed.R.Civ.P. 26(e).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.

         3. Discovery Deadlines.

         a. Deposition Deadline. All depositions, whether or not they are intended to be used at trial, shall be completed by January 10, 2018, 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, as well as Ken Forster, as the parties must comply with Hague Convention processes and Swiss laws with the result that additional time may be required to complete these depositions; and (b) to take depositions of rebuttal experts.

         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 December 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.

         c. Discovery Motions. Discovery motions shall be filed not later than October 16, 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.

         4. 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[2] 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.