United States District Court, D. Nebraska
THOMAS E. PEREZ, Secretary of Labor, United States Department of Labor; Plaintiff,
APEX DELIVERY SOLUTIONS, INC., and KEVIN M. FIENHOLD, individually; 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 to Amend
Progression Order. (Filing No. 37.) The motion is
granted, in part, as set forth below:
IS ORDERED that the provisions of the Court's
earlier, amended progression order remain in effect, and in
addition to those provisions, the following shall apply:
Motions for Summary Judgment.
for summary judgment shall be filed not later than
May 25, 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 May 4, 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 27,
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.
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 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 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.