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Nosal v. Martin

United States District Court, D. Nebraska

January 31, 2019

MYRISSA D. NOSAL, Plaintiff,
v.
LATRICE MARTIN, APRN-CNM; RACHAEL RICE, APRN-CNM; and THE MIDWIFE'S PLACE LLC, Defendants.

          AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

          Susan M. Bazis United States Magistrate Judge

         This matter is before the Court on the parties' Joint Motion to Extend Deadlines. (Filing No. 46.) The Motion is granted. Accordingly, IT IS ORDERED that the provisions of the Court's earlier final initial progression order remain in effect, and in addition to those provisions, the following shall apply:

         1. Motion to Dismiss and Motions for Summary Judgment. Motions to dismiss and/or for summary judgment shall be filed not later than April 15, 2019. See NECivR 56.1 and NECivR 7.1.

         2. Discovery Deadlines:

a. Deposition Deadlines. All fact depositions, whether or not they are intended to be used at trial, shall be completed by April 1, 2019. All expert depositions, whether or not they are intended to be used at trial, shall be completed by March 15, 2019.

         3. 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 1, 2019: The name, address and telephone number[1] 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 1, 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. 402 and 403) is a waiver of such objections, unless excused by the Court for good cause shown.

         4. Motions in Limine.

a. Motions in limine challenging the admissibility of expert testimony at trial under Fed.R.Evid. 702, see Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999), and Daubert v. Merrell-Dow Pharmaceuticals, 509 U.S. 579 (1993), shall be filed by April 15, 2019, and accompanied by a request for a hearing if necessary. Failure to timely move for a hearing may constitute waiver of the request for a hearing.
b. Any other motions in limine shall be filed on or before July 22, 2019.

         5. The Final Pretrial Conference with the assigned magistrate judge is set for July 29, 2019, at 11:00 a.m. in chambers, 111 South 18th Plaza, Suite 2271, Roman L. Hruska United States Courthouse, Omaha, Nebraska. The final pretrial conference shall be attended by lead counsel for represented parties. Counsel shall complete prior to the pretrial conference, all items as directed in NECivR 16.2.[2] By the time of the pretrial conference, full preparation for trial shall have been made so that trial may begin immediately thereafter. The pretrial conference will include a discussion of settlement, and counsel shall be prepared through investigation, discovery and communication with clients and insurers, if any, to discuss fully the subject of settlement, including realistic expectations about liability, obstacles to agreement, offers made, and offers which can be made at the conference. ...


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