United States District Court, D. Nebraska
THIRD AMENDED ORDER SETTING FINAL SCHEDULE FOR
PROGRESSION OF CASE
M. BAZIS UNITED STATES MAGISTRATE JUDGE
matter is before the Court on the Unopposed Motion of the
Plaintiff to Amend the Amended Final Progression Order.
(Filing No. 106.) Good cause having been shown, the
motion is granted.
IT IS ORDERED that the provisions of the Court's earlier,
second amended final progression order (Filing No.
98) 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 February 15, 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 March
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 March 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.
c. Discovery Motions. Discovery motions shall be filed not
later than February 2, 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. Each plaintiff, counter-claimant,
and cross-claimant shall identify expert witnesses and shall
serve expert reports by November 1, 2018. Each Defendant,
Counter-Defendant, and Cross-Defendant shall identify expert
witnesses and serve expert reports by January 2, 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 January 16, 2019, provided that the disclosing
party then provides all of the information described in
Fed.R.Civ.P. Rule 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 March 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 March 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. ...