Stewart v. Timeout Foods, LLC et al

Filing 18

AMENDED FINAL PROGRESSION ORDER - Trial is set to commence at 9:00 a.m. on August 15, 2017, in Omaha, Nebraska, before the Honorable Lyle E. Strom. The Final Pretrial Conference is set for July 31, 2017 at 9:30 a.m. before the assigned magistrate judge, in chambers, Omaha, Nebraska. Ordered by Senior Judge Lyle E. Strom. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANNIE STEWART,
Plaintiff,

8:16CV46

vs.
TIMEOUT FOODS, LLC; STEVEN
MERCER and JOHN DOES 1 AND 2,

AMENDED FINAL PROGRESSION
ORDER

Defendant.
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 May 19, 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.
3.

Limits on Discovery. Each party is limited to serving twenty-five (25)

interrogatories, including subparts, on any other party. The plaintiff as a group and the
defendants as a group are limited to taking ten (10) 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 1, 2017, the plaintiff

shall identify all expert witnesses, with full reports and shall serve the defendant with

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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).

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 May 31, 2017, the defendants shall identify all expert
witnesses, with full reports 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 June 20, 2017, 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 to be specified by the parties.
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.
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
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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.

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.
7.

All motions for summary judgment shall be filed on or before June 2,

2017. See NELR 56.1 and 7.1.
8.

The Final Pretrial Conference is set for July 31, 2017 at 9:30 a.m.

before the assigned magistrate judge, 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.
9.

All other provisions of parties’ joint planning conference report not

addressed in this order shall be deemed submitted and adopted by the Court.
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10.

Trial is set to commence at 9:00 a.m. on August 15, 2017, in Omaha,

Nebraska, before the Honorable Lyle E. Strom.
11.

Motions to Alter Dates. All requests for changes of date settings shall be

directed to the undersigned judge by appropriate motion.
Dated this 5TH day of April, 2017.
BY THE COURT:

/s/ Lyle E. Strom
LYLE E. STROM, Senior Judge
United States District Court

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