Oberembt v. C.R. Bard, Inc.

Filing 31

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - IT IS ORDERED that the Joint Motion to Extend Deadlines (# 30 ) is granted. The Order Setting Final Schedule for Progression of Case (# 28 ) is amended to extend the following deadlines as set forth in this order. All other deadlines, including the Final Pretrial Conference and Trial, remain unchanged. Ordered by Magistrate Judge F.A. Gossett. (TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JULIE A. OBEREMBT,
Plaintiff,
vs.
C.R. BARD, INC.,
Defendant.

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Case No. 8:16CV171
AMENDED ORDER SETTING
FINAL SCHEDULE FOR
PROGRESSION OF CASE

The Court has reviewed the parties’ Joint Motion to Extend Deadlines (#30) and
finds that certain case progression deadlines for the above-captioned litigation should be
extended. Accordingly,
IT IS ORDERED that the Joint Motion to Extend Deadlines (#30) is granted. The
Order Setting Final Schedule for Progression of Case (#28) is amended to extend the
following deadlines:
1. Motions for Summary Judgment. Motions for summary judgment shall be
filed not later than November 20, 2017. See NECivR 56.1 and 7.1.
2.

Discovery Deadlines:

a. Deposition Deadline. All depositions, whether or not they are intended to
be used at trial, shall be completed by September 29, 2017.
3. Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and
cross-claimant shall, as soon as practicable but not later than June 30, 2017, 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

1

A treating physician must be identified pursuant to Fed. R. Civ. P. 26(a)(2)(A), but a treating
physician is not deemed to be "retained or specially employed to provide expert testimony in a
case" so as to require a written report under Fed. R. Civ. P. 26(a)(2)(B).

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 July 31, 2017. 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 14, 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 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.

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 October 16, 2017, 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.
5. All other deadlines, including the Final Pretrial Conference and Trial, remain
unchanged.

DATED: June 9, 2017.
BY THE COURT:

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

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