American Home Assurance Company et al v. Greater Omaha Packing Company Inc.

Filing 116

AMENDED FINAL PROGRESSION ORDER - granting 110 Motion to Amend Final Progression Order and Request for Oral Argument. Final Pretrial Conference set for 3/28/2014 at 9:30 AM in Chambers before Magistrate Judge F.A. Gossett. Jury Trial set for 4/14/2014 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
AMERICAN HOME ASSURANCE
COMPANY, and CARGILL MEAT
SOLUTIONS CORPORATION,
Plaintiffs,
vs.
GREATER OMAHA PACKING COMPANY,
INC.,
Defendant.

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8:11CV270
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AMENDED
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This matter is before the court on the Motion to Amend Final Progression Order
and Request for Oral Argument (Filing No. 110).
IT IS ORDERED:
1.

Mandatory Disclosures. The mandatory disclosures described in Fed.

R. Civ. P. 26(a)(1) shall be completed by September 11, 2012.
2.

Discovery Deadline. All discovery, whether or not intended to be used at

trial, shall be completed by February 3, 2014. 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 one hundred (100)

interrogatories, including subparts, on any other party. Each party is limited to taking
thirty (30) depositions in this case, without leave of court. A deposition taken
pursuant to Fed.R.Civ.P.30(b)(6) counts as a single deposition for purposes of
this limit, regardless of the number of topics or representatives produced by a
party in response to a 30(b)(6) deposition notice. Depositions shall be limited by
Rule 30(d)(1), which by agreement are limited as follows: Either by mutual agreement

or by motion, the parties may seek an extension of the time limitations imposed
by Fed.R.Civ. P.30(d)(1), if, through the course of discovery, any party believes
that the time limitations of that rule are too short to conduct an adequate
deposition of a person or party.
4.

Disclosure of Expert Witnesses.1 On or before September 16, 2013,

the plaintiff and counter claimant 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 November 18, 2013, the
defendant and counter 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 December 30, 2013, 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 - 30 days prior to deposition deadline: The
name, address and telephone number of each witness, separately

1

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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identifying those whom the party expects to present and those whom the
party may call if the need arises.
B.

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.

C.

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.

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 in limine challenging the

admissibility of testimony of an expert witness under Rule 702, Fed. Rules of Evidence
shall be filed not later than February 3, 2014, 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.

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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.
8.

All motions for summary judgment shall be filed on or before February

3, 2014. See NELR 56.1 and 7.1.
9.

The Final Pretrial Conference is set for March 28, 2014 at 9:30 a.m.

before Magistrate F. A. Gossett, in chambers, Suite 2210, 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 April 14, 2014 in Omaha,

Nebraska, before the Honorable Lyle E. Strom and a jury.
12.

Adding Parties; Amending Pleadings. Any motions to add parties or to

amend pleadings in this action for defendant shall be filed on or before February 25,
2013.
13.

Motions to Alter Dates. All requests for changes of date settings shall be

directed to the undersigned judge by appropriate motion.
DATED this 11th day of April, 2013.
BY THE COURT:
s/ LYLE E. STROM
United States District Judge

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