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Ford v. TD Ameritrade Holding Corp.

United States District Court, D. Nebraska

October 4, 2018

RODERICK FORD, on behalf of himself and all similarly situated; Plaintiff,
v.
TD AMERITRADE HOLDING CORPORATION, TD AMERITRADE, INC., and FREDRIC TOMCZYK, Defendants.

          THIRD AMENDED PROGRESSION ORDER

          Susan M. Bazis United States Magistrate Judge

         On 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.

         Accordingly, 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:

         1. 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.

         2. Mandatory disclosures required by Rule 26(a)(1) will be completed by November 2, 2018.

         3. Discovery Deadlines:

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.

         4. If 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, 2020.

         5. Class notice shall be issued by March 17, 2020.

         6. 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 ...

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