United States District Court, D. Nebraska
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
M. BAZIS UNITED STATES MAGISTRATE JUDGE.
matter is before the Court on the parties' Joint Motion
to Modify Progression Order. (Filing No. 23.) The Motion is
IS ORDERED that the provisions of the Court's
earlier, final progression order remain in effect, and in
addition to those provisions, the following shall apply:
Motions for Summary Judgment and on Qualified
Immunity. Motions for summary judgment and/or on
qualified immunity shall be filed not later than May
14, 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 May 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 completed by May 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 May 14, 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
Witnesses. Each plaintiff, counter-claimant, and
cross-claimant shall identify expert witnesses by
June 2, 2019 and shall serve expert reports
by June 2, 2019. Each Defendant,
Counter-Defendant, and Cross-Defendant shall identify expert
witnesses by August 2, 2019, and serve
expert reports by August 2, 2019.
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 September 17,
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 September 17,
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.