United States District Court, D. Nebraska
MATTHEW FONTENOT, Individually and on Behalf of All Others Similarly Situated; Plaintiff,
MCNEIL INDUSTRIAL, INC., Defendant.
ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF
M. Bazis, United States Magistrate Judge.
ruling has been issued on Defendant's Statement of
Objections to the Findings and Recommendation. (Filing
No. 57.) This matter is now ready for final progression.
IT IS ORDERED that the following deadlines
govern the progression of this action.
Motions to Amend Pleadings/Add Parties. Any
motion to amend pleadings and/or add parties shall be filed
by January 2, 2019.
Motion to Dismiss and Motions for Summary
Judgment. Motions to dismiss and/or for summary
judgment shall be filed not later than September 9,
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 August 8, 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 July 8,
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 1, 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.[] The party with the
burden of proof as to any issue shall identify expert
witnesses by March 4, 2019 and shall serve
expert reports by April 4, 2019. Expert
witnesses for the opposing party and any expert reports shall
be served by June 4, 2019. Rebuttal experts
shall be disclosed and reports served by June 18,
2019. 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originally made prior to these deadlines, shall be made on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 December 6,
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 December 6,
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 ...