United States District Court, D. Nebraska
DANIEL H. LUEDERS, Plaintiff, and ROSENS, INC., Plaintiff/Subrogee,
UNITED STATES OF AMERICA, Defendant.
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
MICHAEL D. NELSON UNITED STATES MAGISTRATE JUDGE
matter comes before the Court on the Defendant's
Unopposed Motion to Extend Deadlines (Filing No.
38). Upon review of the motion, the Court finds good
cause to extend case progression deadlines. Accordingly,
IT IS ORDERED that the Defendant's
Unopposed Motion to Extend Deadlines (Filing No. 38)
is granted, and the case progression deadlines are extended
Motions to Dismiss and Motions for Summary
Judgment. Motions to Dismiss and/or Motions for
summary judgment shall be filed not later than May
29, 2019. See NECivR 56.1 and
a. Deposition Deadline. All depositions,
whether or not they are intended to be used at trial, shall
be completed by May 1, 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 April 1,
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.
Disclosure of Expert
Witnesses. Each defendant, counter-defendant, and
cross-defendant shall identify expert witnesses and shall
serve expert reports by March 11, 2019. 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 April 1, 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disclosures, if originally made prior to these deadlines,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.
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 August 15,
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 August 15,
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.
402 and 403) is a waiver of such objections, unless excused
by the Court for good cause shown.
Motions in Limine.
a. Motions in limine challenging the admissibility of expert
testimony at trial under Fed.R.Evid. 702, seeKumho 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 May 29,
2019, and accompanied by a request for a hearing if
necessary. Failure to ...