Sanchez et al v. Hankook Tire Co., Ltd.,

Filing 47

ORDER AMENDING FINAL SCHEDULE FOR PROGRESSION OF CASE, granting 46 the Joint Motion to Amend. The deadlines are amended as set out. The 10/24/2016 pretrial conference and 11/15/2016 jury trial dates remain as scheduled. Ordered by Magistrate Judge F.A. Gossett. (ARL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JULIO SANCHEZ, as Personal
Representative of the ESTATE OF
DANIELA TESTA, Deceased; and as
Next Friend of I.M.S., a minor, A.S., a
minor, and J.S.J., a minor; and
INELDA GUTIERREZ PRADINES
Plaintiffs
vs.
HANKOOK TIRE CO., LTD.
Defendant.

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Case No. 8:15-CV-00142

ORDER AMENDING FINAL
SCHEDULE FOR
FOR PROGRESSION OF CASE

This case is before the court on the Joint Motion to Amend Order Setting Final Schedule
for Progression of Case (#46) .
IT IS ORDERED: Paragraphs 2 and 5 of the Order Setting Final Schedule for
Progression of Case (#24) dated October 19, 2015, are hereby amended as follows:
2. Discovery Deadlines:
a. Deposition Deadline. All depositions, whether or not they are intended to be
used at trial, shall be completed by August 29, 2016.
b. Written Discovery Deadline. All interrogatories, requests for admission and
requests for production or inspection, whether or not they are intended to be used
at trial, shall be completed by August 29, 2016.

Counsel may stipulate to

extensions of time to respond to discovery requests in accordance with Fed. R.
Civ. P. 29, but such extensions shall not extend any of the dates in this order; any
request to extend the deadlines of this order shall be sought by motion.

c. Discovery Motions. Discovery motions shall be filed not later than July 18,
2016 as to matters which are then ripe for decision; discovery matters arising after
that date may be the subject of motions until the deposition deadline. Counsel are
reminded of the provisions of NECivR 7.0.1(i).
5. Motions in Limine.
a. Motions in limine challenging the admissibility of expert testimony at trial
under Fed. R. Evid. 702, see Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137
(1999) and Daubert v. Merrell-Dow Pharmaceuticals, 509 U.S. 579 (1993), shall
be filed by August 29, 2016, and accompanied by a request for a hearing if
necessary. Failure to timely move for a hearing may constitute waiver of the
request for a hearing.

IT IS FURTHER ORDERED: Paragraph 3 in the Order Amending The Expert Witness
Deadlines (#34) dated March 1, 2016, is hereby amended as follows:
3.

Each plaintiff, counter-claimant, and cross-claimant shall, as soon as practicable

but no later than July 8, 2016, serve all opposing parties 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. Each
defendant, counter-defendant, and cross-defendant shall serve its statement of the expert
witnesses it expects to call to testify pursuant to Rule 702, 703 or 705, Fed. Rules of
Evidence, pursuant to Fed. R. Civ. P. 26(a)(2) as soon thereafter as practicable, but not
later than August 5, 2016. If necessary to refute the disclosed opinions of an expert
witness of an opponent, a plaintiff, counter-claimant, or cross-claimant may disclose
additional expert witnesses not later than August 19, 2016, provided that the disclosing

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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
depositions. 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.

The October 24, 2016, pretrial conference and the November 15, 2016, trial dates will
remain as scheduled.
DATED: April 22, 2016.
BY THE COURT:

s/ F.A. Gossett, III
United States Magistrate Judge

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