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Denniston v. Conagra Foods, Inc.

United States District Court, D. Nebraska

November 15, 2017

BARBARA DENNISTON, Plaintiff,
v.
CONAGRA FOODS, INC., Defendant.

          THIRD AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

          Susan M. Bazis United States Magistrate Judge

         This matter is before the Court on the Joint Motion to Continue Trial and Extend Deadlines. (Filing No. 47.) The motion is granted.

         Accordingly, progression will proceed as follows:

         1. Dispositive Motions. Dispositive motions shall be filed not later than March 15, 2018. See NECivR 56.1 and NECivR 7.1.

         2. Discovery Deadlines:

a. Non-Expert Witness Deposition Deadline. All non-expert depositions, whether or not they are intended to be used at trial, shall be completed by March 1, 2018.
b. Expert Witness Deposition Deadline. Expert witness depositions, whether or not they are intended to be used at trial, shall be completed by April 30, 2018.
c. 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 13, 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.
d. Discovery Motions. Discovery motions shall be filed not later than January 12, 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.

         3. Disclosure of Expert Witnesses.[1] Each defendant, counter-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 February 15, 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 April 30, 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.

         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. Non-expert Witnesses - On or before August 31, 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 utilized at trial is not required at this time.
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 ...

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