United States District Court, D. Nebraska
KENNETH N. MILLER, Plaintiff,
UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation; Defendant.
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
Michael D. Nelson, United States Magistrate Judge.
matter came before the court on the “Joint Motion to
Amend Dates in the Court's 9-7-18 Order for Setting Final
Schedule for Progression of Case” (Filing No.
27). After review of the motion, the Court finds good cause
to extend the case progression deadlines. Accordingly,
IT IS ORDERED that the parties' Joint
Motion to Amend Dates (Filing No. 27) is granted,
and the follow case progression deadlines shall apply:
Motions to Dismiss and Motions for Summary
Judgment. Motions to Dismiss and/or Motions for
summary judgment shall now be filed not later than
May 30, 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 April 30, 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 served by April 30,
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 April 30,
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' dispute.
Disclosure of Expert
plaintiff, counter-claimant, and cross-claimant shall
identify expert witnesses and shall serve expert reports by
May 15, 2019. Each defendant,
counter-defendant, and cross-defendant shall identify expert
witnesses and shall serve expert reports by June 17,
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 July 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 Disclosure deadlines remain set for August
9, 2019. See Filing No. 26.
Motions in Limine.
a. The deadline to file Daubert motions in limine is
extended to July 1, 2019.
b. Any other motions in limine shall be filed on or before
August 16, 2019.
Final Pretrial Conference with the
undersigned magistrate judge remains set for August