Criss et al v. Dakota County Board of Commissioners et al

Filing 197

ORDER - This matter is before the court on the plaintiffs' Motion to Extend Expert Witness Deadlines 196 . Upon the plaintiffs' representation that the motion is unopposed by the defendants, the court finds that the motion should be granted. Paragraph 4 of the court's Order Setting Final Schedule for Progression of Case 134 is hereby amended as set forth in this order. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA RICHARD CRISS, et al., ) ) Plaintiffs, ) ) v. ) ) COUNTY OF DAKOTA, NEBRASKA, et al.) , ) Defendants. ) 8:09CV387 ORDER This matter is before the court on the plaintiffs’ Motion to Extend Expert Witness Deadlines (Filing No. 196). Upon the plaintiffs’ representation that the motion is unopposed by the defendants, the court finds that the motion should be granted. Paragraph 4 of the court’s Order Setting Final Schedule for Progression of Case (Filing No. 134) is hereby amended as follows: Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and cross-claimant shall, as soon as practicable but not later than November 16, 2011, serve all opposing parties 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. Each defendant, counter-defendant, and cross-defendant shall serve its statement of the expert witnesses it expects to call to testify pursuant to Rule 702, 703 or 705, Fed. Rules of Evidence, pursuant to Fed. R. Civ. P. 26(a)(2) as soon thereafter as practicable, but not later than December 30, 2011. 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 January 30, 2012, 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 Supplementation of these disclosures, if originally made prior to these deadlines, shall be made on these deadlines as to any information for which supplementation is addressed in Fed.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. 1 A treating physician m ust be identified pursuant to Fed. R. Civ. P. 26(a)(2)(A), but a treating physician is not deem ed to be “retained or specially em ployed to provide expert testim ony in a case” so as to require a written report under Fed. R. Civ. P. 26(a)(2)(B). IT IS SO ORDERED. DATED this 16th day of September, 2011. BY THE COURT: s/Thomas D. Thalken United States Magistrate Judge 2

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