Livingston Enterprises, Inc. v. Lextron, Inc. et al

Filing 78

SECOND AMENDED PROGRESSION ORDER granting (76) Motion to Extend in case 8:11-cv-00352-JMG-CRZ and granting (54) Motion to Extend in case 8:12-cv-00144-JMG-CRZ 7-day Jury Trial continued to 4/22/2014 at 09:00 AM Courtroom 1 (Special Proc eedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard. Pretrial Conference continued to 4/8/2014 at 10:00 AM by WebEx conferencing before Magistrate Judge Cheryl R. Zwart. Status Conference continued to 9/11/2013 at 10:00 AM by telephone before Magistrate Judge Cheryl R. Zwart. Member Cases: 8:11-cv-00352-JMG-CRZ, 8:12-cv-00144-JMG-CRZOrdered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LIVINGSTON ENTERPRISES, INC.,
Plaintiff,

8:11CV352

vs.
AMENDED PROGRESSION ORDER
LEXTRON, INC., a Colorado corporation;
ANIMAL HEALTH INTERNATIONAL,
INC., a Colorado corporation; and
BOEHRINGER INGELHEIM
VETMEDICA, INC., a Delaware
corporation;
Defendants.
ANIMAL HEALTH INTERNATIONAL,
INC., a Colorado corporation;
8:12CV144
Plaintiff,
vs.

AMENDED PROGRESSION ORDER

LIVINGSTON ENTERPRISES, INC., a
Nebraska corporation;
Defendant.
___________________________________
This matter is before the court on the Plaintiff Livingston Enterprises, Inc.’s
motions to extend certain deadlines related to its claims against defendant Boehringer
Ingelheim Vetametica, Inc., (filing no. 76; case no 8:11cv352 and filing no. 54; case
8:12cv144).
IT IS ORDERED:

The respective motions are granted and the Progression Order is Amended as
follows:

1)

The jury trial of this case is set to commence before John M. Gerrard,
United States District Judge, in the Special Proceedings Courtroom, United
States Courthouse, Omaha, Nebraska at 9:00 a.m. on April 22, 2014, or as
soon thereafter as the case may be called, for a duration of seven (7) trial
days. This case is subject to the prior trial of criminal cases and such other
civil cases as may be scheduled for trial before this one. Jury selection will
be held at commencement of trial.

2)

The Pretrial Conference is scheduled to be held before the undersigned
magistrate judge on April 8, 2014 at 10:00 a.m., and will be conducted by
WebEx conferencing. To facilitate this conferencing method, the parties’
proposed Pretrial Conference Order and Exhibit List(s) must be emailed to
[e-mail], in either Word Perfect or Word format, by 5:00
p.m. on April 7, 2014. An email will be sent to counsel of record with the
instructions and codes for participating in the pretrial conference by
WebEx.

3)

A telephonic conference with the undersigned magistrate judge will be held
on September 11, 2013 at 10:00 a.m. to discuss the status of case
progression and potential settlement. Counsel for plaintiff shall place the
call.

4)

The deadlines for moving to amend pleadings or add parties are:
For the plaintiff(s):
For the defendant(s):

April 29, 2013
May 28, 2013

5)

As to all issues (both liability and damages) on all claims and defenses
between all parties, Livingston may take 15 depositions; Animal Health and
Boehringer may, collectively, take 20 depositions.

6)

As to the liability issues, and defenses on such issues, on all claims
between Livingston and Boehringer:
a.

The deadlines for serving complete expert disclosures for liability
experts, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and
non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:
For Livingston:
For Boehringer:

April 30, 2013
June 4, 2013

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b.

c.

7)

The deadline for completing discovery (both written and deposition)
is July 15, 2013. Motions to compel Rule 33 through 36 written
discovery must be filed by July 1, 2013.
As to the liability issues, and related defenses, on claims between
Livingston and Boehringer, the deadline for filing motions to
dismiss, motions for summary judgment, and motions to exclude
testimony on Daubert and related grounds is August 16, 2013.

As to the liability issues, and defenses on such issues, on all claims
between Livingston and Animal Health:
a.

The deadlines for identifying liability expert witnesses expected to
testify at the trial are:
For Livingston:
For Animal Health:

b.

August 1, 2013
August 29, 2013

The deadlines for serving complete expert disclosures for liability
experts, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and
non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:
For Livingston:
For Animal Health:

October 29, 2013
November 29, 2013

c.

d.

The deposition deadline is December 12, 2013.

e.

8)

The deadline for completing written discovery is November 29,
2013. Motions to compel Rule 33 through 36 written discovery
must be filed by November 15, 2013.

As the liability issues, and related defenses, on claims between
Livingston and Animal Health, the deadline for filing motions to
dismiss, motions for summary judgment, and motions to exclude
testimony on Daubert and related grounds is December 30, 2013.

As to the damage issues, and defenses to such issues, on all claims between
all parties:
a.

The deadlines for identifying damage expert witnesses expected to
testify at the trial are:
For Livingston:
For Animal Health and Boehringer:
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August 1, 2013
August 29, 2013

b.

The deadlines for serving complete expert disclosures for damage
experts, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and
non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:
For Livingston:
For Animal Health and Boehringer:

October 29, 2013
November 29, 2013

c.

The deadline for completing written discovery is November 29,
2013. Motions to compel Rule 33 through 36 written discovery
must be filed by November 15, 2013.

d.

The deposition deadline is December 12, 2013.

e.

As to the issue of damages, and all related defenses, on all claims
between all parties, the deadline for filing motions to dismiss,
motions for summary judgment, and motions to exclude testimony
on Daubert and related grounds is December 30, 2013.

9)

Motions in limine shall be filed five business days prior to trial. It is not
the normal practice to hold hearings on motions in limine or to rule on them
in advance. Counsel should plan accordingly.

10)

The parties shall comply with all other stipulations and agreements recited
in their Rule 26(f) planning report that are not inconsistent with this order.

January 18, 2013.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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