United States District Court, D. Nebraska
GARY L. BELLER and MARY K. BELLER, husband and wife, Plaintiffs,
COLOPLAST A/S, COLOPLAST CORPORATION, and COLOPLAST MANUFACTURING, U.S. LLC, Defendants.
SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR
PROGRESSION OF CASE
Michael D. Nelson United States Magistrate Judge.
matter is before the Court on the Agreed Motion to Modify
Final Schedule for Progression of Case (Filing No.
66) filed by Plaintiffs. The parties attempted mediation
on June 28, 2017, but were not able to reach a resolution.
Therefore, the parties request additional time to complete
discovery and to further progress this case to trial. For
good cause shown, IT IS ORDERED that the
Agreed Motion to Modify Final Schedule for Progression of
Case (Filing No. 66) is granted. The provisions of
the Court's earlier, initial progression order remain in
effect, and in addition to those provisions the following
deadlines shall apply:
Motions to Dismiss and Motions for Summary
Judgment. Motions to Dismiss and/or Motions for
summary judgment shall be filed not later than April
30, 2018. See NECivR 56.1 and
a. Deposition Deadline. All depositions,
whether or not they are intended to be used at trial, shall
be completed by April 9, 2018.
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 February 5,
2018. 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 March 5, 2018,
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 plaintiff, counter-claimant, and
cross-claimant shall identify expert witnesses and shall
serve expert reports by December 4, 2017.
Each defendant, counter-defendant, and cross-defendant shall
identify expert witnesses and shall serve expert reports by
February 5, 2018. 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 February
26, 2018, provided that the disclosing party then
provides all of the information described in Fed.R.Civ.P.
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. Nonexpert Witnesses - On or before August 17,
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 August 17,
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. 402 and 403) is a waiver of such
objections, unless excused by the Court for good cause shown.