United States District Court, D. Nebraska
C & A INDUSTRIES, INC., a Nebraska corporation; Plaintiff/Counterclaim Defendant,
AUREON HR II, INC., an Iowa corporation, d/b/a AUREON or AUREON STAFFING f/k/a PORTICO STAFFING or MERIT STAFFING; Defendant/Counterclaim Plaintiff.
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
Michael D. Nelson United States Magistrate Judge
matter comes before the Court on the Joint Motion to Extend
Progression Order (Filing No. 34). After review of
the motion, the Court finds it should be granted.
Accordingly, IT IS ORDERED: Joint Motion to
Extend Progression Order (Filing No. 34) is granted,
and the deadlines in the Order Setting Final Schedule for
Progression of Case (Filing No. 30) are amended as
Motions to Dismiss and Motions for Summary
to Dismiss and/or Motions for summary judgment shall be filed
not later than March 27, 2019. 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 February 5, 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 January 4,
2019. 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 December 4,
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
October 1, 2018. Each defendant,
counter-defendant, and cross-defendant shall identify expert
witnesses and shall serve expert reports by December
3, 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 4,
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 July 29,
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 ...