Boyd v. HL Motor Group, Inc. et al

Filing 35

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - Plaintiff's Motion to Extend Deadlines to Identify Expert Witnesses (Filing No. 27 ) is granted. Defendants' Motion for Extension of Deadlines and to Compel Deposition of Plain tiff (Filing No. 29 ) is granted, in part, and in part denied. IT IS FURTHER ORDERED that certain deadlines set forth in the Order Setting Final Progression of the Case (Filing No. 20 ) are amended as ordered. Ordered by Magistrate Judge Michael D. Nelson. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EMMANUEL BOYD,
4:17CV3103

Plaintiff,

AMENDED ORDER SETTING
FINAL SCHEDULE FOR
PROGRESSION OF CASE

vs.

HL MOTOR GROUP, INC., and
VALENTIN GEORGIEVSKI,
Defendants.
This matter comes before the Court on Plaintiff’s Motion to Extend Deadlines to Identify
Expert Witnesses (Filing No. 27) and Defendants’ Motion for Extension of Deadlines and to
Compel Deposition of Plaintiff (Filing No. 29). The Court held a telephone conference with
counsel for the parties regarding the motions on April 30, 2018.
Pursuant to the discussion with counsel, the Court finds that an extension of Plaintiff’s
expert disclosure deadline is warranted. Plaintiff’s counsel represents he only has one expert,
whose identity has already been disclosed to Defendants, and he believes the remaining required
disclosures regarding that expert can be provided to Defendants within 30-days. Plaintiff’s
requested extension does not require moving the trial date. Additionally, Defendants’ concerns
about prejudice will be alleviated by extending certain other case deadlines, including their
expert disclosure deadline, as requested in Defendants’ motion. Accordingly, the Court will
extend certain case progression deadlines, as discussed during the hearing and as set forth herein.
The Court will not grant Defendants’ motion to the extent is seeks an order compelling
the Plaintiff to appear at his scheduled deposition noticed for May 29, 2018. However, because
Plaintiff failed to appear for his deposition previously scheduled for April 20, 2018, the Court
warns Plaintiff that failure to appear for his scheduled deposition without appropriate
justification will result in sanctions upon the Defendants’ request, including, but not limited to,
attorneys’ fees, costs, and a recommendation that this case be dismissed. See Fed. R. Civ. P.
37(d). Accordingly,

IT IS ORDERED:
1. Plaintiff’s Motion to Extend Deadlines to Identify Expert Witnesses (Filing No. 27) is
granted;
2. Defendants’ Motion for Extension of Deadlines and to Compel Deposition of Plaintiff
(Filing No. 29) is granted, in part, and in part denied.
IT IS FURTHER ORDERED that certain deadlines set forth in the Order Setting Final
Progression of the Case (Filing No. 20) are amended as follows:
1.

Discovery Deadlines:
a. Deposition Deadline. All depositions, whether or not they are intended to be
used at trial, shall be completed by August 29, 2018.
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 August 29, 2018. 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 July 30,
2018, 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.

2.
Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and crossclaimant shall identify expert witnesses and shall serve expert reports by June 1, 2018. Each
defendant, counter-defendant, and cross-defendant shall identify expert witnesses and shall serve
expert reports by July 2, 2018. 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 July 16, 2018, provided that the disclosing party then provides all of the
information described in Fed. R. Civ. P. 26(a)(2) and makes the expert witness available for

1

A treating physician must be identified pursuant to Fed. R. Civ. P. 26(a)(2)(A), but a treating physician is not
deemed to be "retained or specially employed to provide expert testimony in the case" so as to require a written
report under Fed. R. Civ. P. 26(a)(2)(B).

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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.

3.
Motions to Alter Dates. All requests for changes of deadlines or settings
established herein shall be directed to the assigned magistrate judge by appropriate motion,
including all requests for changes of trial dates. Such motions shall not be considered in the
absence of a showing by counsel of due diligence in the timely development of this case for trial
and the recent development of circumstances, unanticipated prior to the filing of the motion,
which require that additional time be allowed.
Dated this 30th day of April, 2018.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge

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