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International Brotherhood of Electrical Workers Local 1597 v. City of Broken Bow

United States District Court, D. Nebraska

January 2, 2019

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 1597, and RANDY SCHWEITZER, Plaintiffs,
v.
CITY OF BROKEN BOW, NEBRASKA, Defendant.

          SECOND AMENDED ORDER SETTING FINAL ORDER SCHEDULE FOR PROGRESSION OF CASE

          Michael D. Nelson United States Magistrate Judge.

         This matter comes before the Court on the Stipulation to Extend Progression Deadlines (Filing No. 28). After review of the stipulation, the Court finds good cause exists to grant the requested extensions. However, granting the requested extensions necessitates continuing the pretrial conference and trial dates. Accordingly, IT IS ORDERED: The Stipulation to Extend Progression Deadlines (Filing No. 28) is granted, and the deadlines in the Amended Order Setting Final Schedule for Progression of Case (Filing No. 20) are amended as follows:

         1. Motions to Dismiss and Motions for Summary Judgment.

         Motions to Dismiss and/or Motions for summary judgment shall be filed not later than May 6, 2019. See NECivR 56.1 and NECivR 7.1.

         2. Deposition Deadline.

         All depositions, whether or not they are intended to be used at trial, shall be completed by April 3, 2019.

         3. Disclosure of Expert Witnesses.[1]

         Each plaintiff, counter-claimant, and cross-claimant shall identify expert witnesses and shall serve expert reports by January 14, 2019. Each defendant, counter-defendant, and cross-defendant shall identify expert witnesses and shall serve expert reports by February 18, 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 March 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 Supplementation of these disclosures, if originally made prior to these deadlines, shall be made on these deadlines as to any information for which supplementation is addressed in Fed.R.Civ.P. 26(e).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.

         4. 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 July 19, 2019: The name, address and telephone number[2] 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 July 19, 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. ...

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