Schutt v. Lincare, Inc. et al

Filing 23

AMENDED PROGRESSION ORDER granting 22 Motion to Extend. - Depositions due 5/30/2016.- 7-day Jury Trial set for 10/3/2016 at 09:00 AM before Senior Judge Richard G. Kopf. - Pretrial Conference set for 9/20/2016 at 11:30 A M by WebEx Conference before Magistrate Judge Cheryl R. Zwart. Conferencing instructions will be provided by separate order.- Telephone Conference set for 6/1/2016 at 9:00 AM with Magistrate Judge Cheryl R. Zwart to discuss the status of case progression and potential settlement. Counsel for the plaintiff shall place the call.- No further continuances will be granted absent a substantial showing of good cause. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TIMOTHY L SCHUTT,
Plaintiff,

4:14CV3229

vs.
AMENDED PROGRESSION ORDER
LINCARE, INC., AND LINCARE
HOLDINGS, INC., A Delaware
Corporation;
Defendants.
This matter is before the court on the parties’ joint stipulation to amend the final
progression order. (Filing No. 22).

Based on the representations of parties the joint

stipulation will be approved.

IT IS ORDERED:

1)

The parties joint stipulation, (Filing No. 22), is approved and the Final
Progression Order is amended as follows:
a)

The deadline for completing written discovery under Rules 33
through 36 of the Federal Rules of Civil Procedure is March 29,
2016. Motions to compel Rule 33 through 36 discovery must be
filed by March 15, 2016. Note: Motions to compel shall not be
filed without first contacting the chambers of the undersigned
magistrate judge to set a conference discussing the parties’ dispute.

b)

The deposition deadline is May 30, 2016.

c)

The deadlines for complete expert disclosures for all experts
expected to testify at trial, (both retained experts, (Fed. R. Civ. P.
26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)),
are:
For the plaintiff(s):
January 13, 2016.
For the defendant(s):
February 12, 2016.

d)

e)

The deadline for filing motions to exclude testimony on Daubert and
related grounds is April 29, 2016.

f)

The jury trial of this case is set to commence before Richard G.
Kopf, Senior United States District Judge, in Courtroom 1, United
States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on October 3,
2016, or as soon thereafter as the case may be called, for a duration
of seven (7) trial days. This case is subject to the prior trial of
criminal cases and such other civil cases as may be scheduled for
trial before this one. Jury selection will be held at the
commencement of trial.

g)

The Pretrial Conference is scheduled to be held before the
undersigned magistrate judge on September 20, 2016 at 9:00 a.m.,
and will be conducted by WebEx conferencing. A separate order
will be filed with the instructions and codes for participating in the
pretrial conference by WebEx. The parties’ proposed Pretrial
Conference Order and Exhibit List(s) must be emailed to
[e-mail], in either Word Perfect or Word format, by
5:00 p.m. on September 16, 2016.

h)

2)

The deadline for filing motions to dismiss and motions for summary
judgment is June 14, 2016.

A telephonic conference with the undersigned magistrate judge will
be held on June 1, 2016 at 9:00 a.m. to discuss the status of case
progression and potential settlement. Counsel for plaintiff shall
place the call.

No further continuances will be granted absent a substantial showing of
good cause.
Dated this 18th day of September, 2015
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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