Baumann et al v. Slezak et al

Filing 91

ORDER - Defendants' Motion for Enlargement of Time to Serve Expert Disclosures (filing 79 ) is granted. Defendants' expert disclosures shall be served by or before October 28, 2013. Plaintiffs' rebuttal disclosures are due by November 11, 2013. Ordered by Magistrate Judge F.A. Gossett. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRADLEY B. BAUMANN,
individually, co-special administrators
of these Estates, NANCY R.
BAUMANN, individually, co-special
administrators of these Estates, and
DONNA J. COSTLEY, individually,
co-special administrators of these
Estates,
Plaintiffs,
V.
JOSEF SLEZAK, VLADIMIR
ZHUKOV, SWIFT-TRUCK LINES,
LTD., LONG HAUL TRUCKING,
INC., JOHN DOES 1 - 10, AKI
TRUCKING, INC., and MTR
EXPRESS, INC.,

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

8:12CV383

ORDER

Defendants.

This matter is before the Court upon the motion of Defendants Vladimir Zhukov,
Swift-Truck Lines, Ltd., and MTR Express, Inc. (collectively “Defendants”) for an
enlargement of time to serve expert disclosures. (Filing 79.) Defendants’ motion will be
granted.
DISCUSSION
Presently, Defendants’ deadline for serving expert reports is September 23, 2013.
(Filing 77.) Defendants seek to extend this deadline, however, because their expert is unable
to inspect the tractor/trailer operated by Defendant Vladimir Zhukov until a criminal trial
involving the accident at issue in this civil litigation has been completed. The criminal trial
is expected to end on or about September 27, 2013. Defendants request that their expert
disclosure deadline be extended until thirty days following the date that the tractor/trailer

operated by Defendant Zhukov is released for inspection by the County Attorney of
Cheyenne County, Nebraska.
Plaintiffs agree that Defendants’ deadline for serving expert disclosures as they relate
to the tractor/trailer driven by Defendant Zhukov should be extended. However, Plaintiffs
request that Defendants’ deadline to serve expert reports as to any matters not related to or
dependent upon the inspection of the Zhukov tractor/trailer not be enlarged. Plaintiffs further
request that the Court set a firm date for the completion of the expert reports related to the
Zhukov tractor/trailor, as well as for any rebuttal reports.
The Court finds that Defendants have shown good cause for extending the current
deadline for expert disclosures. The Court declines Plaintiffs’ request to set separate expert
disclosure deadlines for Defendants based on whether the disclosures involve the Zhukov
tractor/trailer. This litigation is generally in its initial stages. A final progression order has
not been entered, and a firm trial date has not been established. However, based on the
anticipated completion date of the criminal trial, the Court will set October 28, 2013 as the
deadline for Defendants to serve their expert disclosures. Plaintiffs’ rebuttal expert reports
shall be served by November 11, 2013. The Court recognizes that these deadlines may need
to again be modified in the event the criminal trial does not end by the expected date or other
unanticipated delays related to the release of the Zhukov tractor/trailer. However, such a
circumstance can be addressed through a formal motion at the appropriate time.
The Court further notes that other deadlines previously set in this case, for instance,
those for Daubert motions and discovery, will likely need to be modified based on this
ruling. (Filing 77.) A follow-up Fed. R. Civ. P. 16 conference is scheduled for September
9, 2013. At that time, other necessary extensions of scheduling deadlines can be addressed.
IT IS ORDERED that Defendants’ Motion for Enlargement of Time to Serve Expert
Disclosures (filing 79) is granted. Defendants’ expert disclosures shall be served by or
before October 28, 2013. Plaintiffs’ rebuttal disclosures are due by November 11, 2013.
DATED August 20, 2013.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge
2