United States District Court, D. Nebraska
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
Michael D. Nelson United States Magistrate Judge
matter comes before the Court on Plaintiff's Motion to
Extend Deadlines to Identify Expert Witnesses (Filing No.
27) and Defendants' Motion for Extension of
Deadlines and to Compel Deposition of Plaintiff (Filing
No. 29). The Court held a telephone conference with
counsel for the parties regarding the motions on April 30,
to the discussion with counsel, the Court finds that an
extension of Plaintiff's expert disclosure deadline is
warranted. Plaintiff's counsel represents he only has one
expert, whose identity has already been disclosed to
Defendants, and he believes the remaining required
disclosures regarding that expert can be provided to
Defendants within 30-days. Plaintiff's requested
extension does not require moving the trial date.
Additionally, Defendants' concerns about prejudice will
be alleviated by extending certain other case deadlines,
including their expert disclosure deadline, as requested in
Defendants' motion. Accordingly, the Court will extend
certain case progression deadlines, as discussed during the
hearing and as set forth herein.
Court will not grant Defendants' motion to the extent is
seeks an order compelling the Plaintiff to appear at his
scheduled deposition noticed for May 29, 2018. However,
because Plaintiff failed to appear for his deposition
previously scheduled for April 20, 2018, the Court warns
Plaintiff that failure to appear for his scheduled deposition
without appropriate justification will
result in sanctions upon the Defendants' request,
including, but not limited to, attorneys' fees, costs,
and a recommendation that this case be dismissed. See
Fed. R. Civ. P. 37(d). Accordingly, IT IS
Plaintiff's Motion to Extend Deadlines to Identify Expert
Witnesses (Filing No. 27) is granted;
Defendants' Motion for Extension of Deadlines and to
Compel Deposition of Plaintiff (Filing No. 29) is
granted, in part, and in part denied.
IS FURTHER ORDERED that certain deadlines set forth
in the Order Setting Final Progression of the Case
(Filing No. 20) are amended as follows:
a. Deposition Deadline. All depositions,
whether or not they are intended to be used at trial, shall
be completed by August 29, 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 August 29,
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 July 30, 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
June 1, 2018. Each defendant,
counter-defendant, and cross-defendant shall identify expert
witnesses and shall serve expert reports by July 2,
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 July 16,
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.