United States District Court, D. Nebraska
THIRD AMENDED ORDER SETTING FINAL SCHEDULE FOR
PROGRESSION OF CASE
M. BAZIS UNITED STATES MAGISTRATE JUDGE
matter is before the Court on the parties' Joint Motion
to Extend Expert Witness Disclosure deadlines. (Filing No.
64.) The motion is granted. Accordingly, IT IS ORDERED that
the provisions of the Court's earlier final progression
orders remain in effect, and in addition to those provisions,
the following shall apply:
Motion to Dismiss and Motions for Summary Judgment. Motions
to dismiss and/or for summary judgment shall be filed not
later than February 18, 2020. 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
August 20, 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 13, 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 13, 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.Each plaintiff, counter-claimant,
and cross-claimant shall identify expert witnesses by April
1, 2020 and shall serve expert reports by May 1, 2020. Each
Defendant, Counter-Defendant, and Cross-Defendant shall
identify expert witnesses by July 1, 2020, and serve expert
reports by August 1, 2020. 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 August 14, 2020,
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.
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 August 28, 2020, 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
b. Motions in Limine shall be filed seven days before the
pretrial conference. It is not the normal practice to hold
hearings on motions in limine or to rule on them prior to the
first day of trial. Counsel should plan accordingly.
Final Pretrial Conference in this matter is cancelled. A
telephonic conference to discuss the status of case
progression and trial and pretrial conference setting will be
held with the undersigned magistrate judge on September 11,
2020 at 3:00 p.m. by telephone. Counsel shall use the
conferencing instructions assigned to this case to
participate in the conference. (Filing No. 56.)
Mediation and Settlement:
a. If the parties intend to mediate their dispute, notice of
the mediation shall be given to the staff of the assigned
magistrate judge's office. The filing of a mediation
reference order will terminate pending motions, without
prejudice to refiling. If the mediation is not successful,
the moving party may reinstate such a motion by filing a
written notice to that effect, and the other parties may
respond in accordance with the local rules, regarding the
date of the ...