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

Filing 62

ORDER AMENDING FINAL SCHEDULE FOR PROGRESSION OF CASE - that paragraph 4 of the Order Setting Final Schedule for Progression of Case (Filing No. 24 ) dated October 19, 2015, and paragraphs 2, 3 and 5 of the Order Amending Final Schedule for Progress ion of Case (Filing No. 47 ) dated April 22, 2016, are hereby amended. The October 24, 2016, pretrial conference and the November 15, 2016, trial dates will remain as scheduled. The Unopposed Motion to Amend Order Setting Final Schedule for Progression of Case (Filing No. 56 ) is denied. Ordered by Magistrate Judge F.A. Gossett. (KLF)

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,
v.
HANKOOK TIRE CO., LTD.,
Defendant.

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8:15CV142
ORDER AMENDING FINAL
SCHEDULE FOR
PROGRESSION OF CASE

This matter comes before the court on the Unopposed Motion to Amend Order
Setting Final Schedule for Progression of Case (Filing No. 56) and Defendant’s Amended
Motion to Amend Order Setting Final Schedule for Progression of Case (Filing No. 60).
The parties’ initial motion requested extension of certain deadlines, including the summary
judgment deadline, which would have required moving the final pretrial conference and
trial dates. After contact from the court, none of the parties consented to moving the trial
date. Therefore, Defendant filed an amended motion omitting the request to extend the
summary judgment deadline. After careful consideration and for good cause shown, the
court finds Defendant’s Amended Motion to Amend Order Setting Final Schedule for
Progression of Case (Filing No. 60) should be granted. Accordingly,
IT IS ORDERED that paragraph 4 of the Order Setting Final Schedule for Progression
of Case (Filing No. 24) dated October 19, 2015, and paragraphs 2, 3 and 5 of the Order
Amending Final Schedule for Progression of Case (Filing No. 47) dated April 22, 2016, are
hereby amended as follows:
1.

Discovery Deadlines:
a. Deposition Deadline. All depositions, whether or not they are intended
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to be used at trial, shall be completed by October 14, 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.
3.

Disclosure of Expert Witnesses: 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
8, 2016 for liability experts and September 15, 2016 for damages experts. 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 September 30, 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 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.
4. Pretrial Disclosures: Pursuant to Fed. R. Civ. P. 26(a)(3), each party shall
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serve opposing counsel and file a redacted version as applicable with the following
information regarding the evidence 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 – On or before October 15, 2016: 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.
c. Trial Exhibits – On or before October 15, 2016: A list of all exhibits it
expects to offer by providing a numbered listing and permitting examination
of such exhibits, designating on the list those exhibits it may offer only if the
need arises.
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 no later than September 20, 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.
b. Any other motions in limine shall be filed on or before September 15,
2016.

The October 24, 2016, pretrial conference and the November 15, 2016, trial dates will
remain as scheduled.
IT IS FURTHER ORDERED that the Unopposed Motion to Amend Order Setting
Final Schedule for Progression of Case (Filing No. 56) is denied.

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DATED: August 18, 2016.
BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge

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