Criss et al v. Dakota County Board of Commissioners et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICHARD CRISS, et al.,
COUNTY OF DAKOTA, NEBRASKA, et al.)
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disclosures, if originally made prior to these deadlines, shall be made on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.
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
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