James v. State of Nebraska et al
FIFTH AMENDED FINAL PROGRESSION ORDER - granting 124 Motion for Leave to File Expert Disclosures Out of Time; granting 130 Stipulated Motion to Allow Filing of Disclosures and Discovery Out of Time and to Extend Deadlines. Final Pretrial Confe rence set for 5/22/2012 at 09:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Jury Trial set for 6/12/2012 at 09:00 AM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TCL )
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
ELAINE JAMES, M.D.,
THE STATE OF NEBRASKA,
NEBRASKA BOARD OF MEDICINE &
DEPARTMENT OF HEALTH AND HUMAN
SERVICES, DIVISION OF PUBLIC
HEALTH, an agency in the State
FINAL PROGRESSION ORDER
This matter is before the Court on plaintiff’s Motion for Leave to File Expert
Disclosures Out of Time (Filing No. 124) , and the Stipulated Motion to Allow Filing of
Disclosures and Discovery Out of Time and to Extend Deadlines (Filing No. 130).
IT IS ORDERED:
Any requested written discovery shall be issued on or before February 2,
Parties have to on or before March 5, 2012 to produce documents.
Deposition Deadline. All depositions, whether or not they are intended to
be used at trial, shall be completed by May 4, 2012.
Disclosure of Expert Witnesses.1 On or before January 17, 2012, the
plaintiff shall identify all expert witnesses and shall serve the defendant with the statement
required by Fed. R. Civ. P. 26(a)(2) regarding each expert witness it expects to call to
testify at trial pursuant to the provisions of Rule 702, 703 or 705, Fed. Rules of Evidence.
On or before March 5, 2012, the defendant shall identify all expert witnesses and shall
serve the plaintiff with the statement required by Fed. R. Civ. P. 26(a)(2) regarding each
expert witness it expects to call to testify at trial pursuant to the provisions of Rules 702,
703, or 705, Federal Rules of Evidence. . If necessary to refute the disclosed opinions of
an expert witness of an opponent, a party may disclose additional expert witnesses not
later than fifteen (15) days prior to the date set for completion of depositions, 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 deposition. Supplementation of these disclosures, if originally made prior to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.
Pretrial Disclosures: Pursuant to Fed. R. Civ. P. 26(a)(3), each party shall
provide to all other parties the following information regarding the evidence that it may
present at trial other than solely for impeachment purposes as soon as practicable but not
later than the date specified:
Nonexpert Witnesses - 30 days prior to deposition deadline: The name,
address and telephone number of each witness, separately identifying those
whom the party expects to present and those whom the party may call if the
Deposition Testimony and Discovery - 5 days before final pretrial
conference: 1) The portions of each deposition, designated by page and
line, that it intends to offer and 2) each discovery response of another party
Generally, a treating physician shall not be deemed to be “retained or specially employed to provide expert
testimony in a case” within the meaning of Fed. R. Civ. P. 26(a)(2)(B), but a treating physician must be identified
pursuant to Fed. R. Civ. P. 26(a)(2)(A).
it intends to offer. Such designations and any objections thereto shall also
be included in the final pretrial conference order. See NELR 16.2.
Trial Exhibits - 5 working days before final pretrial conference: A list of
all exhibits it expects to offer by providing a numbered listing and permitting
examination of such exhibits.
The parties shall also designate on the list
those exhibits it may offer only if the need arises.
Waiver of Objections: Any objections to the use of witnesses, deposition
designations, discovery responses, or exhibits shall be listed in the pretrial
order. Failure to list objections (except those under Fed. R. Evid. 402 and
403) shall be deemed waived, unless excused by the court for good cause
Filing of Disclosures: The filing of pretrial disclosures required by Fed. R.
Civ. P. 26(a)(3) shall be deemed filed at the time of the filing of the Order on
Final Pretrial Conference in this matter.
Rule 104 Hearings. Any pretrial motion which will require an evidentiary
hearing pursuant to Fed. R. Evid. 104 shall be filed not later than five (5) working days
following the deadline for the completion of depositions.
In addition, if the requested hearing involves a Daubert - Kumho question regarding
an expert, the expert’s disclosure under Fed. R. Civ. P. 26(2)(2)(A)&(B) must be submitted
to Judge Strom’s chambers when the motion is filed.
Absence of a request for a hearing may be deemed waiver of the right to a
hearing. A brief in support and all material regarding the requested hearing must be
delivered to Judge Strom’s chambers when the Rule 104 hearing motion is filed. Opposing
parties are given ten (10) days thereafter to deliver briefs in opposition.
The Final Pretrial Conference is set for May 22, 2012, at 9:00 a.m. before
Magistrate Thomas D. Thalken, in chambers, Suite 2271, Roman L. Hruska United States
Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The final pretrial conference shall
be attended by lead counsel for represented parties. Counsel shall complete prior to the
pretrial conference, all items as directed in NELR 16.2. By the time of the pretrial
conference, full preparation for trial shall have been made so that trial may begin at any
time during the session indicated below.
All other provisions of parties joint planning conference report not addressed
in this order shall be deemed submitted and adopted by the Court.
Trial is set to commence at 9:00 a.m. on June 12, 2012, in Omaha,
Nebraska, before the Honorable Lyle E. Strom and a jury.
Motions to Alter Dates. All requests for changes of date settings shall be
directed to the undersigned judge by appropriate motion.
DATED this 3rd day of January, 2012.
BY THE COURT:
s/ LYLE E. STROM
United States District Judge
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