Amlin Corporate Insurance N.V. et al v. Union Pacific Railroad Company et al
FOURTH AMENDED FINAL PROGRESSION ORDER granting 96 Stipulation to Adjourn the Deadlines in the Amended Final Progression Order. Jury Trial continued to 3/19/2012 at 09:00 AM in Courtroom 5, Federal Building, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom. Final Pretrial Conference set 2/27/2012 at 09:00 AM in chambers 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
AMLIN CORPORATE INSURANCE
N.V. and CG POWER SYSTEMS
UNION PACIFIC RAILROAD
FINAL PROGRESSION ORDER
This matter is before the Court on the Stipulation to Adjourn the Deadlines in the
Amended Final Progression Order (Filing No. 96).
IT IS ORDERED:
Mandatory Disclosures. The mandatory disclosures described in Fed. R.
Civ. P. 26(a)(1) shall be completed by May 31, 2010.
Discovery Deadline. All discovery, whether or not intended to be used at
trial, shall be completed by September 16, 2011.
All interrogatories, requests for
admission and requests for production or inspection, whether or not they are intended to
be used at trial, shall be served sufficiently early to allow rule time response before that
date. Counsel may stipulate to extensions of time to respond to discovery requests in
accordance with Fed. R. Civ. P. 29, as amended, but such extensions shall not extend any
of the dates in this order; any requests for extensions of any of the deadlines herein shall
be made by appropriate motion and order.
Limits on Discovery. The maximum number of interrogatories, including
subparts, that may be served by an party on any other party shall be that number
permissible under the Federal Rules of Civil Procedure with each party reserving the right
to seek additional discovery by way of stipulation and order for good cause shown. The
maximum number of depositions that may be taken by plaintiffs and defendants shall be
that number permissible under the Federal Rules of Civil Procedure with each party
reserving the right to seek additional discovery by way of stipulation and order for good
cause shown. Depositions shall be limited by Rule 30(d)(2) without exceptions unless the
parties’ agreement otherwise is memorialized in a stipulation and order thereon, or by
Disclosure of Expert Witnesses.1 On or before October 13, 2011, 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 October 13, 2011, 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 November 13, 2011, 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:
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).
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
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.
Expert Witness Testimony. Any motion challenging the qualifications of
an expert or the admissibility of testimony of an expert witness under Rule 702, Fed. Rules
of Evidence shall be filed not later than January 5, 2012, in the absence of which any
objection based upon said rule shall be deemed waived. See Kumho Tire Co., Ltd. v.
Carmichael, 526 U.S. 137 (1999); Daubert v. Merrell Dow Pharmaceuticals, 509 U.S.
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.
All motions for summary judgment shall be filed on or before January 5,
2012. See NELR 56.1 and 7.1.
The Final Pretrial Conference is set for February 27, 2012 at 9:00 a.m.
before Judge Lyle E. Strom, in chambers, Suite 3190, 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 March 19, 2012, in Omaha,
Nebraska, before the Honorable Lyle E. Strom and a jury.
Adding Parties; Amending Pleadings. Any motions to add parties or to
amend pleadings to this action for the plaintiff shall be filed on or before August 15, 2011;
any motions to add parties or to amend pleadings in this action for defendant shall be filed
on or before August 15, 2011.
Motions to Alter Dates. All requests for changes of date settings shall be
directed to the undersigned judge by appropriate motion.
DATED this 1st day of June, 2011.
BY THE COURT:
s/ LYLE E. STROM
United States District Judge
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