Hayes v. Metropolitan Property & Casualty Insurance Company
3rd AMENDED FINAL PROGRESSION ORDER - On or before January 6, 2017, all depositions by the parties' shall be completed. The Final Pretrial Conference is set for April 3, 2017 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. Non-Jury Trial is set to commence at 9:00 a.m. on April 17, 2017, in Omaha, Nebraska, before the Honorable Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (KLF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ERIC D. HAYES,
CASUALTY INSURANCE COMPANY,
3RD AMENDED FINAL PROGRESSION
This matter is before the court on the parties’ Joint Motion to Continue Remaining
Deadlines in the 2nd Amended Final Progression Order .
IT IS ORDERED:
Mandatory Disclosures. The mandatory disclosures described in Fed.
R. Civ. P. 26(a)(1) have been completed.
Discovery Deadline. All discovery, whether or not intended to be used at
trial, shall be completed by January 6, 2017. 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.
Limits on Discovery.
Each party is limited to serving forty-five (45)
interrogatories, including subparts, on any other party. The parties’ are limited to
taking fifteen (15) depositions in this case, excluding expert depositions, without leave
On or before January 6, 2017, all depositions by the parties’ shall be
completed. Depositions shall be limited by Rule 30(d)(2).
Disclosure of Expert Witnesses.1
On or before April 15, 2016, the
plaintiff shall identify all expert witnesses and shall serve the defendant
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 September 2, 2016, 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 on or before November 1, 2016, 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.
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:
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
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.
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.
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.
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.
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 two weeks after the deposition of the expert, 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).
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
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.
All motions for summary judgment shall be filed on or before January
20, 2017. See NELR 56.1 and 7.1. Any response to the motion for summary judgment
should be filed on or before February 20, 2017.
The Final Pretrial Conference is set for April 3, 2017 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.
All other provisions of parties’ joint planning conference report not
addressed in this order shall be deemed submitted and adopted by the Court.
Non-Jury Trial is set to commence at 9:00 a.m. on April 17, 2017, in
Omaha, Nebraska, before the Honorable Lyle E. Strom.
Motions to Alter Dates. All requests for changes of date settings shall be
directed to the undersigned judge by appropriate motion.
Dated this 11th day of October, 2016.
BY THE COURT:
/s/ Lyle E. Strom
LYLE E. STROM, Senior Judge
United States District Court
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