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Crabar/GBF, Inc. v. Wright

United States District Court, D. Nebraska

April 25, 2018

CRABAR/GBF, INC., Plaintiff,
v.
MARK WRIGHT, and WRIGHT PRINTING CO., Defendants.

          SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

          MICHAEL D. NELSON UNITED STATES MAGISTRATE JUDGE

         This matter comes before the Court following an in chambers conference held on April 25, 2018. Plaintiff requested the conference to discuss certain outstanding discovery disputes and their impact on current case progression deadlines. At the conference, Defendants stated their opposition to Plaintiff's Motion to Extend Certain Progression Schedule Deadlines (Filing No. 146). After review of the case to date, and in light of the ongoing discovery issues in this case, the Court finds it necessary to extend the case progression deadlines set forth in the Amended Order Setting Final Schedule for Progression of Case (Filing No. 116), as requested by Plaintiff. However, the Court will not grant Plaintiff's request to extend the deadline to amend pleadings, and therefore, any future motion for leave to amend pleadings must include a showing of good cause. See Sherman v. Winco Fireworks, Inc., 532 F.3d 709, 716 (8th Cir. 2008)(establishing that a party must show good cause under Rule 16(b) to be given leave to amend pleadings outside the time set by the scheduling order). Accordingly, IT IS ORDERED that Plaintiff's Motion to Extend Certain Progression Schedule Deadlines (Filing No. 146) is granted, in part. The deadlines set forth in the Amended Order Setting Final Schedule for Progression of Case (Filing No. 116) are amended as follows:

         1. Motions to Dismiss and Motions for Summary Judgment. Motions to Dismiss and/or Motions for summary judgment shall be filed not later than February 15, 2019. See NECivR 56.1 and NECivR 7.1.

         2. Discovery Deadlines:

a. Deposition Deadline. All fact depositions, whether or not they are intended to be used at trial, shall be completed by October 12, 2018. All expert witness depositions, whether or not they are intended to be used at trial, shall be completed by February 15, 2019.
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 July 13, 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 September 7, 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.[1]

         Each plaintiff, counter-claimant, and cross-claimant shall identify expert witnesses and shall serve expert reports by November 2, 2018. Each defendant, counter-defendant, and cross-defendant shall identify expert witnesses and shall serve expert reports by December 28, 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 January 18, 2019, 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 May 17, 2019: The name, address and telephone number[2] 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 May 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 ...

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