Toulan-Zekpa v. Wal-Mart Stores, Inc.

Filing 19

ORDER granting 18 Joint Motion to Extend time to serve plaintiff's expert report 18 and deadlines related to experts are extended. Ordered by Magistrate Judge Michael D. Nelson. (CCB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DEDE TOULAN-ZEKPA,
Plaintiff,

8:17CV233
ORDER

vs.

WAL-MART STORES, INC., (#3153);
Defendant.

This matter is before the Court on the parties’ Joint Motion to Extend Time to Serve
Plaintiff’s Expert Report (Filing No. 18). The parties request an extension of the deadlines
related to expert witnesses. Upon review of the motion, and for good cause shown,
IT IS ORDERED that the Joint Motion to Extend Time to Serve Plaintiff’s Expert
Report (Filing No. 18) is granted, and the following deadlines related to experts as set forth in
the earlier Final Progression Order (Filing No. 17) are extended:
1. Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and crossclaimant shall identify expert witnesses and shall serve expert reports by March 16, 2018. Each
defendant, counter-defendant, and cross-defendant shall identify expert witnesses 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 April 30, 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these disclosures, if originally made prior to these deadlines, shall be made on these deadlines as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.
2. Expert Deposition Deadline. All depositions related to expert witnesses shall be
completed by May 30, 2018.
3. 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 June 15, 2018, and

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).

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.

Dated this 16th day of February, 2018.
BY THE COURT:

s/ Michael D. Nelson
United States Magistrate Judge

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