United States District Court, D. Nebraska
TONYA J. DAHARSH, individually and as next friend of TARYN A. GRAALFS, a minor, Plaintiff,
JESSICA L. THIELEN, JUSTIN L. GRAALFS, and GRAALFS FARMS, INC., 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 Alter
Scheduling Order (Filing No. 60) filed by Defendant,
Justin L. Graalfs. The parties have diligently been
conducting discovery in this case, and have agreed to an
extension of certain case progression deadlines. Accordingly,
IT IS ORDERED that the Agreed Motion to
Alter Scheduling Order (Filing No. 60) is granted.
The provisions of the Court's earlier, initial
progression order remain in effect, and in addition to those
provisions, certain deadlines are amended as set forth below:
Motions to Dismiss and Motions for Summary
Judgment. Motions to Dismiss and/or Motions for
summary judgment shall be filed not later than
December 20, 2017. See NECivR
56.1 and NECivR 7.1.
a. Deposition Deadline. All discovery
depositions shall be completed by December 20,
2017. All trial depositions shall be completed by
March 1, 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 December 18,
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 November 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
defendant, counter-defendant, and cross-defendant shall
identify expert witnesses and shall serve expert reports by
November 17, 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 December
18, 2017, 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.
Motions in Limine.
a. Motions in limine challenging the admissibility of expert
testimony at trial under Fed. R. Evid. 702,
see Kumho 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
December 20, 2017, and accompanied by a
request for a hearing if necessary. Failure to timely move
for a hearing may constitute waiver of the request for a
b. Any other motions in limine shall be filed on or before
February 16, 2018.
Pretrial Disclosures deadlines, the
Final Pretrial Conference, and the
Trial remain as previously scheduled in the
Court's April 24, 2017, Amended Order Setting Final
Schedule for Progression of Case (Filing No. 44).