Cunningham v. Hansen et al

Filing 27

ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE - All depositions, whether or not they are intended to be used at trial, shall be completed by July 1, 2019. All requests for changes of deadlines established by this order shall be directed to the magistrate judge by appropriate motion. Ordered by Magistrate Judge Michael D. Nelson. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

JAY CUNNINGHAM, Personal Representative
of the Estate of Michael Galindo, Deceased;
Plaintiff,
vs.

4:18CV3012
ORDER SETTING
SCHEDULE FOR
PROGRESSION OF CASE

BRAD HANSEN, in his official and individual
capacities; SCOTT FRAKES, in his official
and individual capacities; STATE OF
NEBRASKA, and DOES 1 - 10, in their
official and individual capacities;
Defendants.

A Telephone Conference was held in this matter on September 21, 2018, with counsel
for the parties. In accordance with the matters discussed at the Conference, and after review
of the Rule 26(f) Report (Filing No. 25),
IT IS ORDERED:
1.
Authorization and Sequence of Discovery. The parties may now commence
discovery. That discovery required to prepare the case for mediation or other settlement
negotiations and that discovery required to prepare the case for possible summary judgment
disposition shall be conducted before other discovery.
2.
Mandatory Disclosures described in Fed. R. Civ. P. 26(a)(1) shall be served by
November 1, 2018.
3.
The filing of disclosures under Fed. R. Civ. P. 26(a)(1), and (2), as well as the
filing of discovery documents, depositions, and disclosures required by this order shall be
governed by NECivR 26.1. The disclosures required by Fed. R. Civ. P. 26(a)(3) shall be filed
when served. Note: Disclosures that are filed should be redacted so no personal
information (e.g., home addresses, phone numbers, Social Security numbers, etc.) is made
part of the public record.

4.
Withholding Documents from Disclosure or Discovery. If any document is
withheld from production or disclosure on the grounds of privilege or work product, the
producing party shall disclose the following information about each such document withheld:
a description of the document withheld with as much specificity as is practicable without
disclosing its contents, including (a) the general nature of the document; (b) the identity and
position of its author; (c) the date it was written; (d) the identity and position of its addressee;
(e) the identities and positions of all persons who were given or have received copies of it and
the dates copies were received by them; (f) the document’s present location and the identity and
position of its custodian; and (g) the specific reason or reasons why it has been withheld from
production or disclosure.
5.
Limits on Discovery. Each party is limited to serving twenty-five (25)
interrogatories on any other party. The plaintiffs as a group, and the defendants as a group, are
each limited to taking ten (10) depositions in this case, without leave of court.
6.
Adding Parties; Amending Pleadings. Any motion to amend pleadings and/or
add parties shall be filed by the Plaintiff not later than February 15, 2019, and by the Defendants
not later than March 15, 2019.
7.
Motions to Dismiss or Motions for Summary Judgment based on qualified
immunity shall be filed not later than April 1, 2019. See NECivR 56.1 and NECivR 7.1. Within
fourteen days after the Court rules on such motion, the parties shall contact the chambers of the
undersigned magistrate judge to schedule a telephone conference.
8.

Discovery Deadlines:
a. Deposition Deadline. All depositions, whether or not they are intended to
be used at trial, shall be completed by July 1, 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 1, 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 30,
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.

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9.
Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and crossclaimant shall identify expert witnesses and shall serve expert reports by March 4, 2019. Each
defendant, counter-defendant, and cross-defendant shall identify expert witnesses and shall
serve expert reports by May 3, 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 May 20, 2019, 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 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.
10.
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 July 1, 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.
11.
Motions to alter dates. All requests for changes of deadlines established by
this order shall be directed to the magistrate judge by appropriate motion.
Dated this 21st day of September, 2018.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge

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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