United States District Court, D. Nebraska
RODERICK FORD, on behalf of himself and all similarly situated; Plaintiff,
TD AMERITRADE HOLDING CORPORATION, TD AMERITRADE, INC., and FREDRIC TOMCZYK, Defendants.
THIRD AMENDED PROGRESSION ORDER
M. Bazis United States Magistrate Judge
August 10, 2016, the Court entered the Order for Initial
Progression of the Case (Filing No. 126) which provided that
discovery in this case was limited to class certification
until such issue is resolved. On September 14, 2018, the
Court entered an order granting Lead Plaintiff's motion
for class certification. The parties conferred on September
20, 2018. Defendants have filed a petition for an immediate
appeal of the Court's class certification order and have
sought a stay of discovery pending appeal. Subject to the
Court's ruling on Defendants' request to stay
discovery, the parties agreed upon the schedule set forth
below for the progression of this case to trial, which the
Court hereby adopts.
IT IS ORDERED that the provisions of the
Court's earlier, initial progression order (as amended)
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 July 22,
2020. See NECivR 56.1 and NECivR
7.1. Oppositions to any summary judgment motion
shall be filed by September 17, 2020.
Replies in support of summary judgment shall be filed by
October 21, 2020.
Mandatory disclosures required by Rule 26(a)(1) will be
completed by November 2, 2018.
a. Deposition Deadline. Depositions, (except
for expert depositions), whether or not they are intended to
be used at trial, shall be completed by December 16,
2019. Expert depositions shall be completed by
July 1, 2020.
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 16,
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 July 16, 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.
expert witnesses are expected to testify at the trial,
counsel agree to at least identify
such experts on which any party has the burden of proof, by
name, address, and subject matter (i.e., without the full
reports required by Rule 26(a)(2)), by December 16,
2019. Expert reports and disclosures on any issue in
which a party shall have the burden of proof shall be served
by March 17, 2020. Rebuttal expert reports
and disclosures shall be served by May 13,
Class notice shall be issued by March 17,
Motions in Limine.
a. Motions in limine challenging the admissibility of expert
testimony at trial under Fed.R.Evid. 702, see Kumho Tire
Co., Ltd. v. Carmichael, 526 U.S. 137 (1999), and
Daubert v. Merrell-Dow Pharmaceuticals, 509 U.S. 579
(1993), shall be filed by July 22, 2020, and
accompanied by a request for a hearing if necessary. Failure