Kabasinskas v. Haskin et al

Filing 60

ORDER granting MOTION to Extend Certain Dates filed by Lenore Kabasinskas, and amending Final Progression Order 52 . Expert disclosure deadlines extended as requested. Amended Complaint due by 11/1/2010. Ordered by Magistrate Judge F.A. Gossett. (CLS, )

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-FG3 Kabasinskas v. Haskin et al D o c . 60 I N THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA L E N O R E KABASINSKAS, Personal R e p r e se n ta tiv e of the Estate of F r e d e r ic D. Kabasinskas, P l a i n t i f f, vs. W I L L I A M R. HASKIN, et al., D e f e n d a n t s. ) ) ) ) ) ) ) ) ) ) ) 8 :1 0 -c v -0 0 1 1 1 -L S C -F G 3 ORDER U p o n moving counsel's representation that opposing counsel does not object, I T IS ORDERED that plaintiff's "Motion to Extend Certain Dates" (Doc. 59) is g r a n te d , and the Final Progression Order (Doc. 52) is amended, as follows: 1 . P la in tif f is granted the requested 15-day extension of time, i.e., from October 15, 2 0 1 0 to November 1, 2010, in which to file an amended complaint. 2. P a ra g ra p h 4 of the Final Progression Order (Doc. 52) is amended to provide: D is c lo s u r e of Expert Witnesses.1 Each plaintiff, counterc la im a n t, and cross-claimant shall, as soon as practicable but not later th a n December 17, 2010, serve all opposing parties with the statem en t required by Fed. R. Civ. P. 26(a)(2) regarding each expert w itn e ss it expects to call to testify at trial pursuant to the provisions o f Rule 702, 703 or 705, Fed. Rules of Evidence. Each defendant, c o u n te r-d e f en d a n t, and cross-defendant shall serve its statement of th e expert witnesses it expects to call to testify pursuant to Rule 702, 7 0 3 or 705, Fed. Rules of Evidence, pursuant to Fed. R. Civ. P. 2 6 (a )(2 ) as soon thereafter as practicable, but not later than February 2 4 , 2011. If necessary to refute the disclosed opinions of an expert w itn e s s of an opponent, a plaintiff, counter-claimant, or crossA treating physician must be identified pursuant to Fed. R. Civ. P. 26(a)(2)(A), but a treating physician is not deemed to be "retained or specially employed to provide expert testimony in a case" so as to require a written report under Fed. R. Civ. P. 26(a)(2)(B). 1 Dockets.Justia.com c la im a n t may disclose additional expert witnesses not later than M a r c h 21, 2011, provided that the disclosing party then provides all o f the information described in Fed. R. Civ. P. 26(a)(2) and makes the e x p e rt witness available for deposition prior to the date set for c o m p letio n of depositions. Supplementation of these disclosures, if o r i g in a l ly made prior to these deadlines, shall be made on these d e a d lin e s as to any information for which supplementation is a d d re ss e d in Fed. R. Civ. P. 26(e). The testimony of the expert at trial sh a ll be limited to the information disclosed in accordance with this p a ra g ra p h . 3. A ll other progression order deadlines remain in effect. D A T E D October 27, 2010. B Y THE COURT: s / F.A. Gossett, III U n ite d States Magistrate Judge -2-

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