United States District Court, D. Nebraska
KIMBERLIN NICOLE GALLEGOS, as personal representative of the estate of Nathaniel Adam Stotts, deceased; Plaintiff,
MARY LANNING MEMORIAL HOSPITAL ASSOCIATION, and BRENT HOOD, D.O.; Defendants.
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION
M. BAZIS, UNITED STATES MAGISTRATE JUDGE
matter is before the Court on the parties' Joint Motion
to Amend Order Setting Schedule for Final Progression of a
Civil Case. (Filing No. 46.) The Motion is granted.
Accordingly, IT 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
Motion to Dismiss and Motions for Summary Judgment.
to dismiss and/or for summary judgment shall be filed not
later than February 12, 2020. 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
January 15, 2020.
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 December 14, 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 November 15, 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.
plaintiff, counter-claimant, and cross-claimant shall
identify expert witnesses by August 15, 2019 and shall serve
expert reports by September 15, 2019. Each Defendant,
Counter-Defendant, and Cross-Defendant shall identify expert
witnesses by September 29, 2019, and serve expert reports by
October 15, 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 November 13, 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.
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 May 18, 2020: 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 ...