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

Filing 36

AMENDED ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE - that Defendant's Amended Motion to Extend Deadlines (Filing No. 35 ) is granted. 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." Defendant's Motion to Extend Written Discovery Deadline and Expert Disclosure Deadline (Filing No. 33 ) is denied as moot. 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,
AMENDED ORDER SETTING
SCHEDULE FOR
PROGRESSION OF CASE

vs.
OWNERS INSURANCE COMPANY,
Defendant.

This matter is before the Court on Defendant’s Amended Motion to Extend Deadlines.
(Filing No. 35.) Upon consideration,
IT IS ORDERED that Defendant’s Amended Motion to Extend Deadlines (Filing No.
35) is granted as set forth below:
1.
Motions for Summary Judgment. Motions for summary judgment shall be filed
not later than December 8, 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 November 20, 2017.

3.
Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and crossclaimant shall identify expert witnesses and serve expert reports by September 20, 2017. Each
defendant, counter-defendant, and cross-defendant shall identify expert witnesses and serve
expert reports by October 20, 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 November 3, 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Supplementation of these disclosures, if originally made prior to these deadlines, shall be made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
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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).

December 8, 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.
7.
Defendant’s Motion to Extend Written Discovery Deadline and Expert Disclosure
Deadline (Filing No. 33) is denied as moot.
Dated this 27th day of June, 2017.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge

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