Klein v. TD Ameritrade Holding Corporation, et al

Filing 185

SECOND AMENDED PROGRESSION ORDER - Depositions. The parties represent that they have completed fact depositions with regard to the issue of class certification. Plaintiff shall depose Defendants' expert prior to November 8, 2017, and Defendants shall depose Plaintiff's experts by December 15, 2017. An Evidentiary Hearing with Magistrate Judge Susan M. Bazis is set for March 27, 2018, at 10:00 a.m. in chambers, 111 South 18th Plaza, Suite 2271, Roman L. Hruska United States Courthouse, Omaha, Nebraska. Ordered by Magistrate Judge Susan M. Bazis. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GERALD J. KLEIN, on behalf of himself and
all similarly situated;
8:14CV396
Plaintiff,
vs.

SECOND AMENDED
PROGRESSION ORDER

TD AMERITRADE HOLDING
CORPORATION, TD AMERITRADE, INC.,
and FREDRIC TOMCZYK,
Defendants.
On October 4, 2017, following a telephone conference with counsel, the Court ordered
counsel to confer and submit a proposed revised case progression schedule by October 13, 2017,
reflecting a deadline for Plaintiff’s rebuttal reports of November 15, 2017, and an extension of the
deadline for expert witness depositions. The parties conferred and agreed upon the schedule set forth
below, which the Court hereby adopts.
Accordingly,
IT IS ORDERED that the provisions of the Court’s earlier, initial progression order remain
in effect, and in addition to those provisions, the following shall apply:
1.
Depositions. The parties represent that they have completed fact depositions with
regard to the issue of class certification. Plaintiff shall depose Defendants’ expert prior to November
8, 2017, and Defendants shall depose Plaintiff’s experts by December 15, 2017.
2.
Expert Discovery. The parties represent that they have served expert reports with
regard to the issue of class certification, along with any backup data. Plaintiff shall serve rebuttal
expert reports by November 15, 2017.
3.

Class Certification and Motions in Limine.

a.

Plaintiff’s motions for class certification and motions in
limine challenging Defendants’ expert witness testimony
shall be filed by November 20, 2017.

b.

Defendants’ responses to Plaintiff’s motion for class
certification, any motions in limine challenging Plaintiff’s
expert witness testimony, and any responses to Plaintiff’s

motions in limine challenging Defendants’ expert witness
testimony shall be filed by January 19, 2018.
c.

Plaintiff’s reply in support of class certification, any
responses to Defendants’ motions in limine challenging
Plaintiff’s expert witness testimony, and replies in support
of Plaintiff’s motions in limine challenging Defendants’
expert testimony shall be filed by February 19, 2018.

d.

Defendants’ replies in support of Defendants’ motions in
limine challenging Plaintiff’s expert testimony shall be
filed by March 5, 2018.

4.
An Evidentiary Hearing with Magistrate Judge Susan M. Bazis is set for March 27,
2018, at 10:00 a.m. in chambers, 111 South 18th Plaza, Suite 2271, Roman L. Hruska United States
Courthouse, Omaha, Nebraska, to consider all questions coming within the class action issues under
Fed. R. Civ. P. 23(a) and (b). At the hearing, the parties may present extracts of depositions,
interrogatories, and documentary evidence relevant to any factual dispute, as well as live testimony
from expert witnesses. Following the hearing, Magistrate Judge Susan M. Bazis will submit a
Findings and Recommendation to Senior United States District Court Judge Joseph F. Bataillon
regarding class certification. The evidentiary hearing shall be attended by lead counsel for
represented parties
Dated October 12, 2017.
BY THE COURT:

s/ Susan M. Bazis
United States Magistrate Judge

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