Bluebird, Jr. v. The Village of Rushville, NE Volunteer Fire Department et al

Filing 46

AMENDED FINAL PROGRESSION ORDER granting 45 Motion to Amend Progression Deadlines. Depositions due 9/3/2013. Final Pretrial Conference set for 9/27/2013 at 09:30 AM in Chambers before Magistrate Judge F.A. Gossett. Non-Jury Trial set for 10/15/2013 at 09:00 AM in North Platte Courtroom, Federal Bldg, US Post Office & Courthouse, 300 E 3rd St, North Platte, NE before Senior Judge Lyle E. Strom. Ordered by Magistrate Judge F.A. Gossett. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRYAN BLUEBIRD, JR.,
Plaintiff,
vs.
THE VILLAGE OF RUSHVILLE, NE,
VOLUNTEER FIRE DEPARTMENT, an
Association, DWAINES SONES,
SHERIDAN COUNTY, NEBRASKA, A
Nebraska Municipal Corporation,
TERRY ROBBINS, Personally and as
Sheriff of Sheridan County, Nebraska,
Defendants.

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Case No. 8:12cv381

AMENDED FINAL
PROGRESSION ORDER

This matter is before the court on the Motion to Amend Progression Deadlines (#45).
The motion is granted and the deadlines will be extended as requested.
IT IS ORDERED:
1.

Mandatory Disclosures. The mandatory disclosures described in Fed. R.

Civ. P. 26(a)(1) shall be completed by January 21, 2013.
2.

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

trial, shall be completed by September 3, 2013. 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 fifty (50)

interrogatories, including subparts, on any other party. Each party is limited to taking

twenty (20) depositions in this case, without leave of court. Depositions shall be limited
by Rule 30(d)(2).
4.

Disclosure of Expert Witnesses.1 On or before June 28, 2013, 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
July 29, 2013, 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. On or before August 5, 2013, the plaintiff and defendant shall identify
any counter expert witnesses. If necessary to refute the disclosed opinions of an expert
witness of an opponent, a party may disclose additional expert witnesses not later than
fifteen (15) days prior to the date set for completion of depositions, 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.

Deposition Testimony and Discovery - 5 days before final pretrial
conference: 1) The portions of each deposition, designated by page and

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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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.
B.

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.
C.

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.

D.

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 September 3, 2013, in the absence of which any objection based
upon said rule shall be deemed waived. Counter expert motions shall be filed on or before
September 17, 2013. 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.

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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 September 17,

2013. See NELR 56.1 and 7.1.
9.

The Final Pretrial Conference is set for September 27, 2013 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 October 15, 2013 in North Platte,

Nebraska, before the Honorable Lyle E. Strom.
12.

Any motions to add parties or to amend pleadings to this action for the plaintiff

shall be filed on or before April 1, 2013; any motions to add parties or to amend pleadings
in this action for defendant shall be filed on or before April 22, 2013.
13.

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

by appropriate motion.
DATED this 10th day of June, 2013.
BY THE COURT:

s/ F.A. Gossett, III
United States Magistrate Judge

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