United States District Court, D. Nebraska
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
M. Bazis United States Magistrate Judge
matter is before the Court on the Joint Motion to Extend
Discovery Deadlines. (Filing No. 21.) The Court
finds this Motion should be granted.
IT IS ORDERED that the provisions of the
Court's earlier, initial progression order remain in
effect, and in addition to those provisions, the following
Motion to Dismiss and Motions for Summary
Judgment. Motions to dismiss and/or for summary
judgment shall be filed not later than May 2,
2018. See NECivR 56.1 and NECivR
Deposition Deadline. All depositions,
whether or not they are intended to be used at trial, shall
be completed by March 22, 2018.
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 22,
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.
Discovery Motions. Discovery motions shall
be filed not later than February 22, 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 trial other than solely for impeachment purposes as soon
as practicable but not later than the date specified:
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.
Deposition Testimony and Discovery - The
designation of discovery testimony and discovery responses
intended to be utilized at trial is not required at this
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.
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.