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Fleet Truck Sales, Inc. v. Quality Companies, LLC

United States District Court, D. Nebraska

January 17, 2018

FLEET TRUCK SALES, INC., Plaintiff,
v.
CELADON GROUP, INC., QUALITY COMPANIES, LLC, and QUALITY EQUIPMENT LEASING, LLC, Defendants.

          SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

          Michael D. Nelson United States Magistrate Judge.

         This 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.[1]

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.

         2. Discovery Deadlines:

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.

         3. Disclosure of Expert Witnesses.[2]

         Each 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.

         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. Nonexpert Witnesses - On or before August 17, 2018: The name, address and telephone number[3] 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 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 ...

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