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Heimann v. University of Nebraska Board of Regents

United States District Court, D. Nebraska

May 13, 2019

NICHOLAS HEIMANN, Plaintiff,
v.
UNIVERSITY OF NEBRASKA BOARD OF REGENTS, and DR. SURINDER K. BATRA, in his official capacity and individually; Defendants.

          SECOND 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 Modify Progression Order. (Filing No. 25.) The Motion is granted, accordingly:

         IT IS ORDERED that the provisions of the Court's earlier, final progressions order remain in effect, and in addition to those provisions, the following shall apply:

         1. Motions for Summary Judgment and on Qualified Immunity. Motions for summary judgment and/or on qualified immunity shall be filed not later than June 27, 2019. See NECivR 56.1 and NECivR 7.1.

         2. Discovery Deadlines:

a. Deposition Deadline. All depositions, whether or not they are intended to be used at trial, shall be completed by July 14, 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 July 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 June 27, 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.

         3. Disclosure of Expert Witnesses.[1] Each plaintiff, counter-claimant, and cross-claimant shall identify expert witnesses by July 15, 2019 and shall serve expert reports by July 15, 2019. Each Defendant, Counter-Defendant, and Cross-Defendant shall identify expert witnesses by September 15, 2019, and serve expert reports by September 15, 2019.

         4. 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 February 21, 2020: The name, address and telephone number[2] 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 February 21, 2020: 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. ...

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