Davis et al v. Bamford, Inc. et al
Filing
69
SECOND AMENDED FINAL PROGRESSION ORDER - granting 68 Motion to Extend. Final Pretrial Conference set for 6/11/2012 at 10:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Jury Trial set for 6/25/2012 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
BOBBY DAVIS, BRENDA DAVIS, and
GEOFFERY DAVIS,
Plaintiffs,
vs.
BAMFORD, INC., and NANCY MARET
PACKER, Personal Representative of
the Estate of Michael Packer,
Defendants.
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8:11CV69
SECOND AMENDED
FINAL PROGRESSION ORDER
This matter is before the Court on the Joint Motion to Extend Deadlines (Filing No.
68).
IT IS ORDERED:
1.
Mandatory Disclosures. The mandatory disclosures described in Fed. R.
Civ. P. 26(a)(1) shall be completed by May 6, 2011.
2.
Discovery Deadline. All discovery, whether or not intended to be used at
trial, shall be completed by April 19, 2012. 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.
3.
Limits on Discovery.
Each party is limited to serving forty (40)
interrogatories, including subparts, on any other party. Each party is limited to taking
twenty (20) depositions in this case, excluding expert depositions, without leave of court.
Depositions shall be limited by Rule 30(d)(2).
4.
Disclosure of Expert Witnesses.1 On or before November 7, 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 February 3, 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 February 28, 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 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.
5.
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:
A.
Nonexpert Witnesses - The parties have agreed to April 10, 2012: 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 need arises.
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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).
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B.
Deposition Testimony and Discovery - The parties have agreed to June
6, 2012: 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.
C.
Trial Exhibits - The parties have agreed to June 4, 2012: 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.
D.
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
shown.
E.
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.
6.
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 May 19, 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. 579 (1993).
7.
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
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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.
8.
All motions for summary judgment shall be filed on or before April 19,
2012. See NELR 56.1 and 7.1.
9.
The Final Pretrial Conference is set for June 11, 2012 at 10:00 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.
10.
All other provisions of parties joint planning conference report not addressed
in this order shall be deemed submitted and adopted by the Court.
11.
Trial is set to commence at 9:00 a.m. on June 25, 2012, in Omaha,
Nebraska, before the Honorable Lyle E. Strom and a jury.
12.
Motions to Alter Dates. All requests for changes of date settings shall be
directed to the undersigned judge by appropriate motion.
DATED this 14th day of February, 2012.
BY THE COURT:
s/ LYLE E. STROM
United States District Judge
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