United States District Court, D. Nebraska
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
M. BAZIS UNITED STATES MAGISTRATE JUDGE
matter is before the Court on the parties' Agreed Upon
Motion to Extend Scheduling Order Deadlines. (Filing No.
49). This motion is granted. Accordingly, IT IS ORDERED
that the following deadlines shall apply:
Motion to Dismiss and Motions for Summary Judgment. Motions
to dismiss and/or for summary judgment shall be filed not
later than November 21, 2018. See NECivR
56.1 and NECivR 7.1.
a. Deposition Deadline. All depositions, whether or not they
are intended to be used at trial, shall be completed by
October 1, 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 September 21, 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 August 21, 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'
Disclosure of Expert Witnesses.Each plaintiff, counter-claimant,
and cross-claimant shall identify expert witnesses by June 4,
2018 and shall serve expert reports by August 6, 2018. Each
Defendant, Counter-Defendant, and Cross-Defendant shall
identify expert witnesses by September 6, 2018, and serve
expert reports by October 9, 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 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disclosures, if originally made prior to these deadlines,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.
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 February 26, 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 February 26, 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. ...