United States of America v. Stabl, Inc.. et al

Filing 74

ORDER that the Second Joint Motion to Extend Expert Deadlines (Filing No. 73 in Case No. 8:16cv233; Filing No. 81 in Case No. 8:16cv351) is granted. The provisions of the Court's earlier, final progression orders remain in effect, and i n addition to those provisions, the following shall apply: Disclosure of Expert Witnesses. Each plaintiff, counter-claimant, and cross-claimant shall identify expert witnesses by January 10, 2018, and shall serve expert reports by March 15, 201 8. Each defendant, counter-defendant, and cross-defendant shall identify expert witnesses by January 10, 2018, and shall serve expert reports by April 16, 2018. 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 February 26, 2018, and shall serve additional expert reports by May 7, 2018, provided that the disclosing party then provides all of the inform ation described in Fed. R. Civ. P. 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 Supplementation of these disclosures, if originally made prior to these deadlines, shall be made on these deadlines as to any information for which supplementation is addressed in Fed.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. Member Cases: 8:16-cv-00233-LSC-MDN, 8:16-cv-00351-LSC-MDN Ordered by Magistrate Judge Michael D. Nelson. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,

8:16CV233

vs.
ORDER
STABL INC., LANT, INC., LEON
JOHNSON, and ANN JOHNSON,
Defendants.

STATE OF NEBRASKA,
8:16CV351
Plaintiff,
ORDER

vs.
STABL, INC., LANT, INC., LEON
JOHNSON, and ANN JOHNSON,
Defendants.

This matter comes before the Court on the parties’ Second Joint Motion to Extend Expert
Deadlines (Filing No. 73 in Case No. 8:16cv233; Filing No. 81 in Case No. 8:16cv351). Having
reviewed the joint motion and for good cause shown,

IT IS ORDERED that the Second Joint Motion to Extend Expert Deadlines (Filing No.
73 in Case No. 8:16cv233; Filing No. 81 in Case No. 8:16cv351) is granted. The provisions of
the Court’s earlier, final progression orders remain in effect, and in addition to those provisions,
the following shall apply:
1.

Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and cross-

claimant shall identify expert witnesses by January 10, 2018, and shall serve expert reports by
March 15, 2018. Each defendant, counter-defendant, and cross-defendant shall identify expert
witnesses by January 10, 2018, and shall serve expert reports by April 16, 2018. If necessary to
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 the case" so as to
require a written report under Fed. R. Civ. P. 26(a)(2)(B).

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 February 26, 2018, and
shall serve additional expert reports by May 7, 2018, provided that the disclosing party then
provides all of the information described in Fed. R. Civ. P. 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.
Dated this 11th day of December, 2017.

BY THE COURT:

s/ Michael D. Nelson
United States Magistrate Judge

2