United States District Court, D. Nebraska
JENNIFER WEST, as the personal representative of the Estate of Ronald West, Jr., deceased; Plaintiff,
UNION PACIFIC RAILROAD COMPANY, Defendant.
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
M. BAZIS UNITED STATES MAGISTRATE JUDGE
matter is before the Court on the parties' Stipulation
and Joint Motion to Extend Deadlines. (Filing No. 42.) This
Motion is granted. Accordingly, IT IS
ORDERED that the provisions of the Court's
earlier Final Progression Order remain in effect, and in
addition to those provisions, the following shall apply:
Motion to Dismiss and Motions for Summary
Judgment. Motions to dismiss and/or for summary
judgment shall be filed not later than February 4,
2019. See NECivR 56.1 and NECivR
a. Deposition Deadline. All depositions,
whether or not they are intended to be used at trial, shall
be completed by February 4, 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 December 6, 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 January 7,
2019, 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
Witnesses. Each plaintiff, counter-claimant, and
cross-claimant shall identify expert witnesses by
August 31, 2018 and shall serve expert
reports by August 31, 2018. Each Defendant,
Counter-Defendant, and Cross-Defendant shall identify expert
witnesses by November 16, 2018, and serve
expert reports by November 16, 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 December 14, 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 April 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
c. Trial Exhibits - On or before April 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.
402 and 403) is a waiver of such objections, unless excused
by the Court for good cause shown.