United States District Court, D. Nebraska
SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR
PROGRESSION OF CASE
Michael D. Nelson United States Magistrate Judge.
matter comes before the Court on the parties' Joint
Motion for Progression Dates and Deadlines (Filing No. 105).
Previously, the Court ordered a stay of case progression
deadlines and canceled the final pretrial conference and
trial pending the Court's ruling on summary judgment
motions. (Filing No. 75). On January 3, 2018, Chief Judge
Laurie Smith Camp entered a Memorandum and Order granting
Defendants' Motion for Summary Judgment, in part, and
denying Plaintiff's Motion for Partial Summary Judgment.
(Filing No. 103). Accordingly, case progression deadlines
need to be reset. Upon review of the parties' motion,
IT IS ORDERED that the Joint Motion for
Progression Dates and Deadlines (Filing No. 105) is granted,
as set forth below, 1. Motions to Dismiss and Motions
for Summary Judgment.
Motions to Dismiss and/or Motions for summary judgment shall
be filed not later than June 18, 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 18, 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 18,
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 March 9, 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
plaintiff, counter-claimant, and cross-claimant shall
identify expert witnesses and shall serve expert reports by
February 28, 2018. Each defendant,
counter-defendant, and cross-defendant shall identify expert
witnesses and shall serve expert reports by March 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 April 13,
2018, provided that the disclosing party then
provides all of the information described in Fed.R.Civ.P.
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.
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 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 ...