Lewton et al v. Divingnzzo et al

Filing 76

ORDER granting 75 Motion to Amend. Deadlines regarding expert witnesses and motions in limine are extended, as requested, and the Final Progression Order 49 is amended accordingly. All other progression order deadlines remain in effect. Ordered by Magistrate Judge F. A. Gossett. (CLS, )

I N THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA W I L L I A M DUANE LEWTON, et al., P l a i n t if fs , vs. D I A N N A DIVINGNZZO, et al., D e f e n d a n t s. ) ) ) ) ) ) ) ) )

8 :0 9 C V 2 ORDER

T h e parties request an extension of certain progression order deadlines. Although the p a rties do not state why any extension is necessary1 , the court's schedule can accommodate th is request. IT IS ORDERED that the parties' Joint Motion (Filing 75) is granted, as follows: 1 . P a ra g ra p h 3 of the Final Progression Order (Filing 49) is amended to provide: E ach Plaintiff, Counter-Claimant, and Cross-Claimant shall, as soon as practicable b u t not later than May 21,2010, serve all opposing parties with the statements r e q u i r e d by Fed. R. Civ. P. 26(a)(2) regarding each expert witness it expects to c a ll to testify at trial pursuant to the provisions of Rule 702,703 or 705 of the F e d e ra l Rules of Evidence. E a c h Defendant, Counter-Defendant, and Cross-Defendant shall serve its s ta te m e n t of the expert witnesses it expects to call to testify pursuant to Rule 702, 7 0 3 , or 705 of the Federal Rules of Evidence, pursuant to Fed. R. Civ. P. 26(a)(2) a s soon thereafter as practicable, but not later than June 21, 2010. P la in tif f , Counter-Claimant, or Cross-Claimant may, if necessary to refute the d isclo sed opinions of an expert witness of an opponent, disclose additional expert w itn e ss e s no later than June 28, 2010.

In general, extensions of time may be obtained only for good cause shown. See, e.g., NECivR 6.1(a)(2) and Fed. R. Civ. P. 6(b)(1).

1

2 . P a ra g ra p h 5 of the Final Progression Order (Filing 49) is amended to provide that m o tio n s in limine challenging the admissibility of expert testimony at trial under Fed. R. E v id . 702 shall be filed no later than September 6, 2010, and shall be accompanied by a re q u e s t for a hearing, if necessary. 3 . A ll other progression order deadlines remain in effect. D A T E D April 22, 2010. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge

-2-