United States District Court, D. Nebraska
CONTINENTAL WESTERN INSURANCE COMPANY, an Iowa corporation; Plaintiff,
HERBEK CONSTRUCTION, LLC, a Nebraska limited liability company; and HERBEK & BASSETT CONSTRUCTION, LLC, a Nebraska limited liability company; Defendants.
SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR
PROGRESSION OF CASE
M. Bazis United States Magistrate Judge
matter is before the Court on the Joint Motion of the parties
to Extend Progression Deadlines. (Filing No. 60.)
the final schedule for progression shall be as follows:
IS ORDERED that the provisions of the court's
earlier, initial progression order remain in effect, and in
addition to those provisions, the following shall apply:
Motions for Summary Judgment. Motions for
summary judgment shall be filed not later than July
6, 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 June 28, 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 May 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 April 26,
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 by February 28, 2018 and shall
serve expert reports by February 28, 2018.
Each defendant, counter-defendant, and cross-defendant shall
identify expert witnesses by April 12, 2018,
and serve expert reports by April 12, 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 26, 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 October 9,
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 October 9,
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 ...