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 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:
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.
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.
Disclosure of Expert
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.
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 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 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 ...