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Evanston Insurance Co v. Prime Time Healthcare LLC

United States District Court, D. Nebraska

April 3, 2018

EVANSTON INSURANCE COMPANY, Plaintiff,
v.
PRIME TIME HEALTHCARE LLC, Defendant/Third-Party Plaintiff,
v.
ROBERT RENSING AGENCY, INC. d/b/a RENSING INSURANCE and JEFFREY W. BROWN Third-Party Defendants/Third-Party Plaintiffs,
v.
RISK PLACEMENT SERVICES, INC., Third-Party Defendant.

          AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

          Susan M. Bazis United States Magistrate Judge.

         This matter is before the Court on the Joint Motion to Amend Order Setting Schedule for Final Progression of a Civil Case. (Filing No. 131). This motion is granted.

         Accordingly, IT IS ORDERED that the provisions of the Court's June 27, 2017 progression order shall be amended as follows:

         1. Motions for Summary Judgment. Motions for summary judgment shall be filed not later than January 31, 2019. See NECiv R 56.1 and NE CivR 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 December 31, 2018.

         3. Disclosure of Expert Witnesses. 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 October 1, 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. If necessary to refute the disclosed opinions of an expert witness of an opponent, a Defendant, Counter-Defendant, and Cross-Defendant may disclose additional expert witnesses not later than October 22, 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 Supplementation of these disclosures, if originally made prior to these deadlines, shall be made on these deadlines as to any information for which supplementation is addressed in Fed.R.Civ.P. 26(e).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.

         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 April 17, 2019: 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 April 17, 2019: 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. 402 and 403) is a waiver of such objections, unless excused by the Court for good cause shown.

         5. Motions in Limine.

a. Motions in limine challenging the admissibility of expert testimony at trial under Fed.R.Evid. 702, see Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999), and Daubert v. Merrell-Dow Pharmaceuticals, 509 U.S. 579 (1993), shall be filed by January 31, 2019, and accompanied by a request for a hearing if necessary. ...

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