Norfolk Transmission & Muffler Service, Inc. v. Auto-Owners Insurance Company

Filing 31

ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE - The parties have advised the Court that they plan to mediate this dispute. No later than August 29, 2017, the parties shall file a joint report with the Court advising as to when the mediation will occ ur. If mediation is unsuccessful, the Court will schedule another planning conference to set additional case progression deadlines and set this matter for trial. The Clerk of Court is directed to set a case management deadline in this case using the following text: "August 29, 2017: Status Report Due." Ordered by Magistrate Judge Susan M. Bazis. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NORFOLK TRANSMISSION &
MUFFLER SERVICE, INC.,
8:16CV489
Plaintiff,
ORDER SETTING
SCHEDULE FOR
PROGRESSION OF CASE

vs.
OWNERS INSURANCE COMPANY,
Defendant.

A Planning Conference was held in this matter on May 22, 2017. Pursuant to Fed. R.
Civ. P. 16 concerning matters of importance in scheduling this case, and in accordance with the
matters discussed at the Conference,
IT IS ORDERED that the provisions of the Court's earlier, initial progression order
remain in effect, and in addition to those provisions, the following shall apply:
1.
Motions for Summary Judgment. Motions for summary judgment shall be filed
not later than October 16, 2017. See NECivR 56.1 and NECivR 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 August 15, 2017.
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 June 15, 2017. 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.1 Each plaintiff, counter-claimant, and crossclaimant shall identify expert witnesses by March 17, 2017 and shall serve expert reports by
April 17, 2017. Each defendant, counter-defendant, and cross-defendant shall identify expert
witnesses by June 16, 2017, and serve expert reports by June 23, 2017. If necessary to refute
the disclosed opinions of an expert witness of an opponent, a plaintiff, counter-claimant, or

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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).

cross-claimant may disclose additional expert witnesses not later than July 7, 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. 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 30, 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.
Mediation and Settlement. The parties have advised the Court that they plan to
mediate this dispute. No later than August 29, 2017, the parties shall file a joint report with the
Court advising as to when the mediation will occur. If mediation is unsuccessful, the Court will
schedule another planning conference to set additional case progression deadlines and set this
matter for trial. The Clerk of Court is directed to set a case management deadline in this
case using the following text: “August 29, 2017: Status Report Due.”
6.
Motions to Alter Dates. All requests for changes of deadlines or settings
established herein shall be directed to the assigned magistrate judge by appropriate motion,
including all requests for changes of trial dates. Such motions shall not be considered in the
absence of a showing by counsel of due diligence in the timely development of this case for trial
and the recent development of circumstances, unanticipated prior to the filing of the motion,
which require that additional time be allowed.
Dated this 22nd day of May, 2017.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge

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