United States District Court, D. Nebraska
JANET E. LEWIS, Plaintiff,
MICHAEL SISK, MD, Defendant.
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
M. BAZIS UNITED STATES MAGISTRATE JUDGE
matter is before the Court on the parties' Unopposed
Motion for an Amended Scheduling Order. (Filing No.
31.) This motion is granted.
IT IS ORDERED that the provision of the
Court's earlier, initial progression order remain in
effect, and in addition to those provisions, the following
amendments to the Order Setting Final Schedule for
Progression of the Case shall apply:
Motions for Summary Judgment. Motions for
summary judgment shall be filed not later than May
16, 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 April 2, 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 March 2, 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
shalt be sought by motion.
c. Discovery Motions.
Discovery motions shall be filed not later than
February 4, 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.
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 final
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.