United States District Court, D. Nebraska
ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF
M. Bazis, United States Magistrate Judge
parties mediated this matter, and said mediation was
unsuccessful. Accordingly, the following progression
deadlines shall apply:
Adding Parties; Amending Pleadings. Any motion to amend
pleadings and/or add parties shall be filed not later than
November 16, 2018.
Motion to Dismiss and Motions for Summary Judgment. Motions
to dismiss and/or for summary judgment shall be filed not
later than August 9, 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 April
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 April 5, 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 March 5, 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'
Disclosure of Expert Witnesses.The party with the burden of proof
as to any issue shall identify expert witnesses by May 3,
2019 and shall serve expert reports by May 3, 2019. Expert
witnesses for the opposing party and any expert reports shall
be served by June 3, 2019. Rebuttal experts shall be
disclosed and reports served by June 18, 2019. Discovery
related to experts shall be completed no later than July 19,
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 Supplementation of these disclosures, if originally
made prior to these deadlines, shall be made on these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 October 11, 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 time.
c. Trial Exhibits - On or before October 11, 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. ...