Moyle v. Clarke et al

Filing 77

ORDER denying 63 motion to exclude the defendants' experts. Ordered by Senior Judge Lyle E. Strom. (JDR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WILLIAM J. MOYLE,

)
)
Plaintiff,
)
)
v.
)
)
CONCRETE INDUSTRIES, INC.,
)
ROGER T. CLARKE, and NEBCO,
)
INC.,
)
)
Defendants.
)
)
v.
)
)
MECHANICAL SYSTEMS, INC., and )
ACUITY INSURANCE COMPANY, its )
workers’ compensation insurer,)
)
Intervenors/Defendants. )
______________________________)

8:12CV434

ORDER

This matter is before the Court on the motion of
plaintiff to exclude the testimony of defendants’ expert
witnesses (Filing No. 63).
clearly states:

The Court’s Final Progression Order

“Any motion challenging the qualifications of an

expert or the admissibility of testimony of an expert witness
. . . shall be filed not later than August 15, 2013, in the
absence of which any objection based upon said rule shall be
deemed waived.”
out of time.

Plaintiff’s motion of September 11, 2013, was

Though the parties agreed to extend the deadline

for disclosure of the defendants’ expert witnesses until August
10, 2013, they did not seek an extension of the deadline for
motions objecting to the experts or expert testimony.

Therefore,

the deadline for Daubert motions in the Final Progression Order
is the controlling date, and the Court will hold the parties to
the schedule and consequences set forth in that order.
Accordingly,
IT IS ORDERED that plaintiff’s motion to exclude the
defendants’ experts is denied.
DATED this 24th day of September, 2013.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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