United States District Court, D. Nebraska
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 1597, and RANDY SCHWEITZER, Plaintiffs,
CITY OF BROKEN BOW, NEBRASKA, Defendant.
SECOND AMENDED ORDER SETTING FINAL ORDER SCHEDULE FOR
PROGRESSION OF CASE
Michael D. Nelson United States Magistrate Judge.
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
Motions to Dismiss and Motions for Summary
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.
depositions, whether or not they are intended to be used at
trial, shall be completed by April 3, 2019.
Disclosure of Expert
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originally made prior to these deadlines, shall be made on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.
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 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 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.