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Applied Underwriters Captive Risk Assurance Company, Inc. v. Pitamber
United States District Court, D. Nebraska
October 18, 2017
APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., an Iowa Corporation; Plaintiff,
RAMESH PITAMBER & KUSUM PITAMBER, a California Partnership; 11269 POINT EAST INVESTMENTS, LLC, a California Limited Liability Company; AMBA INVESTMENTS, LLC, a California Limited Liability Company; AP HERITAGE LAKE FOREST, LLC, a California Limited Liability Company; ATHARWA INVESTMENTS, LLC, a California Limited Liability Company; EMERALD INVESTMENTS, INC., a California Corporation; GOLD COUNTRY INVESTMENTS, INC., a California Corporation; HERITAGE INN EXPRESS ROSEVILLE, LLC, a California Limited Liability Company; HERITAGE LA MESA INVESTMENTS, LLC, a California Limited Liability Company; HERITAGE TRADING, INC., a California Corporation; IMPERIAL HERITAGE, LLC, a California Limited Liability Company; KRIPALU INVESTMENTS, LLC, a California Limited Liability Company; PITAMBER IRREVOCABLE FAMILY TRUST, a Trust; RAMESH PITAMBER, KUSUM PITAMBER, JAYA RATANJEE AND SARDA RATANJEE, a California Partnership; R & P PROPERTIES, INC., a California Corporation; RANCHO INVESTMENTS, INC., a California Corporation; SIDDHI VINAYAK INVESTMENTS, LLC, a California Limited Liability Company; and SPORTS ARENA INVESTMENTS, LLC, a California Limited Liability Company; Defendants.
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
M. BAZIS, UNITED STATES MAGISTRATE JUDGE
matter is before the Court on the Motion of the Defendants to
Continue Progression Order dates. (Filing No. 60.)
This Motion is granted.
the following shall apply:
Motions for Summary Judgment. Motions for
summary judgment shall be filed not later than June
1, 2018. See NECivR 56.1 and NECivR 7.1.
a. Deposition Deadline. All depositions,
whether or not they are intended to be used at trial, shall
be completed by May 14, 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 April 30,
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 September 29,
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 plaintiff, counter-claimant,
and cross-claimant shall identify expert witnesses by October
6, 2017 and shall serve expert reports by April 30, 2018.
Each Defendant, Counter-Defendant, and Cross-Defendant shall
identify expert witnesses by October 6, 2017, and serve
expert reports by April 30, 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 May 18, 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. Nonexpert Witnesses - On or before August 31,
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 31,
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.