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

Filing 84

AMENDED PROGRESSION ORDER granting (83) Motion to Extend in case 8:11-cv-00352-JMG-CRZ; granting (61) Motion to Extend in case 8:12-cv-00144-JMG-CRZ. Jury Trial set for 10/21/2014 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Fed eral Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard. Final Pretrial Conference set for 10/6/2014 at 10:00 AM by WebEx before Magistrate Judge Cheryl R. Zwart. Telephone Conference set for 5/12/2014 at 09:30 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. (TCL )

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,
SECOND
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. The fourth motions to extend deadlines related to its claims
against Boehringer Ingelheim Vetmedica, Inc., (filing no. 83; case no. 8:11cv352 and
filing no. 61; case 8:12cv144) are granted.
IT IS ORDERED:
1)

The jury trial of this case is set to commence before John M. Gerrard,
United States District Judge, in Special Proceedings Courtroom, United
States Courthouse, Omaha, Nebraska at 9:00 a.m. on October 21, 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 October 6, 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 October 2, 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 May 12, 2014 at 9:30 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):

October 28, 2013
November 26, 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:

October 28, 2013
December 3, 2013

b.

The deadline for completing discovery (both written and deposition)
is January 13, 2014. Motions to compel Rule 33 through 36 written
discovery must be filed by December 30, 2013.

c.

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 February 13, 2014.
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7)

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.

January 30, 2014
February 27, 2014

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:

April 29, 2014
May 29, 2014

c.

d.

The deposition deadline is June 10, 2014.

e.

8)

The deadline for completing written discovery is May 29, 2014.
Motions to compel Rule 33 through 36 written discovery must be
filed by May 14, 2014.

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 June 26, 2014.

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:

b.

January 30, 2014
February 27, 2014

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:

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April 29, 2014
May 29, 2014

c.

The deadline for completing written discovery is May 29, 2014.
Motions to compel Rule 33 through 36 written discovery must be
filed by May 14, 2014.

d.

The deposition deadline is June 10, 2014.

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 June 26, 2014.

July 30, 2013.

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

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