Lexington Insurance Company v. Advance Services, Inc

Filing 43

AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - IT IS ORDERED that the Joint Motion to Amend Case Progression Order (Filing No. 42 ) is granted, and the earlier progression order is amended. Ordered by Magistrate Judge Michael D. Nelson. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LEXINGTON INSURANCE COMPANY, as
subrogee of The Lauridsen Group, Inc.;
Plaintiff,
vs.

8:17CV296
AMENDED ORDER SETTING
FINAL SCHEDULE FOR
PROGRESSION OF CASE

ADVANCE SERVICES, INC.,
Defendant.

This matter comes before the Court on the Joint Motion to Amend Case Progression Order
(Filing No. 42). After review of the motion, the Court finds it should be granted. Accordingly,
IT IS ORDERED that the Joint Motion to Amend Case Progression Order (Filing No. 42)
is granted, and the earlier progression order is amended as follows:
1.
Motions to Dismiss and Motions for Summary Judgment. Motions to Dismiss
and/or Motions for summary judgment shall be filed not later than October 30, 2018. 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 October 1, 2018.
b. Discovery Motions. Discovery motions shall be filed not later than July 15,
2018, as to matters which are then ripe for decision; discovery matters arising
after that date may be the subject of motions until the deposition deadline.
Counsel are reminded of the provisions of NECivR 7.1(i). Motions to compel
shall not be filed without first contacting the chambers of the undersigned
magistrate judge to set a conference to discuss the parties’ dispute.

3.
Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and crossclaimant shall identify expert witnesses and shall serve expert reports by June 22, 2018. Each
defendant, counter-defendant, and cross-defendant shall identify expert witnesses and shall serve

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).

expert reports by July 23, 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 August 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.
4.
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, 2018, 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.
The remaining deadlines set forth in the Court’s earlier Order Setting Final
Progression of Case (Filing No. 29), including the Pretrial and Trial dates, remain unchanged.
Dated this 3rd day of July, 2018.
BY THE COURT:

s/ Michael D. Nelson
United States Magistrate Judge

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