Williams et al v. Feeney et al
Filing
92
AMENDED FINAL PROGRESSION ORDER- This matter is before the court on the Defendant's Unopposed Joint Motion for Continuance 91 . Jury Trial set for 5/18/2015 at 09:00 AM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom. Pretrial Conference set for 5/4/2015 at 09:30 AM in Chambers before Magistrate Judge F.A. Gossett. Ordered by Senior Judge Lyle E. Strom. (MKR, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HOPE KICKLIGHTER WILLIAMS, As
independent administrator of the Estate
of her father, Olin B. Kicklighter, Jr.;
Plaintiffs,
8:13CV287
AMENDED
FINAL PROGRESSION ORDER
vs.
MARTIN FEENEY, BARY FRANKLIN,
RANCHERO, LLC, FEENEY XPRESS
TRANSPORT, Inc.;
Defendants.
This matter is before the court on Defendants’ Unopposed Joint Motion for
Continuance [91].
IT IS ORDERED:
1.
Mandatory Disclosures. The mandatory disclosures described in Fed.
R. Civ. P. 26(a)(1) have been completed.
2.
Discovery Deadline. All discovery, whether or not intended to be used at
trial, shall be completed by October 31, 2014.
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 twenty-five (25)
interrogatories, including subparts, on any other party. Plaintiff is limited to taking ten
(10) depositions in this case, excluding expert depositions, without leave of court.
Defendants are limited to taking fifteen (15) depositions in this case, excluding expert
depositions, without leave of court. Depositions shall be limited by Rule 30(d)(2).
4.
Disclosure of Expert Witnesses.1 On or before May 2, 2014, 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 3, 2014, 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. 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.
Nonexpert Witnesses - 30 days prior to deposition deadline: The
name, address and telephone number of each witness, separately identifying those
whom the party expects to present and those whom the party may call if the need
arises.
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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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B.
Deposition Testimony and Discovery - 5 days before final pretrial
conference: 1) The portions of each deposition, designated by page and 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.
C.
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.
D.
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.
E.
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 challenging the qualifications of
an expert or the admissibility of testimony of an expert witness under Rule 702, Fed.
Rules of Evidence shall be filed not later than October 1, 2014, in the absence of which
any objection based upon said rule shall be deemed waived. 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.
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
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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 November
17, 2014. See NELR 56.1 and 7.1.
9.
The Final Pretrial Conference is set for May 4, 2015 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 May 18, 2015, in Omaha,
Nebraska, before the Honorable Lyle E. Strom and a jury.
12.
Adding Parties; Amending Pleadings. Any motions to add parties or to
amend pleadings to this action for the plaintiff shall be filed on or before April 4, 2014;
any motions to add parties or to amend pleadings in this action for defendant shall be
filed on or before April 4, 2014.
13.
Motions to Alter Dates. All requests for changes of date settings shall be
directed to the undersigned judge by appropriate motion.
Dated this 25th day of November, 2014.
BY THE COURT:
/s/ Lyle E. Strom
LYLE E. STROM, Senior Judge
United States District Court
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