Sabata et al v. Nebraska Department of Correctional Services et al

Filing 289

AMENDED PROGRESSION ORDER - This matter comes before the court on the parties' Joint Motion to Amend Case Progression Order (Filing No. 287 ). After review of the motion, the Court finds good cause to extend the case progression deadlines. The non-jury trial of this case is set to commence before Robert F. Rossiter, Jr., United States District Judge, in Courtroom 3, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on March 9, 2020, or as soon thereafter as the case may be c alled, for a duration of fifteen (15) trial days. This case is subject to the prior trial of other civil cases that may be scheduled for trial before this one. The Pretrial Conference is scheduled before the undersigned magistrate judge on Februar y 28, 2020, at 10:00 a.m., and will be conducted in chambers. The parties proposed Pretrial Conference Order and Exhibit List(s) must be emailed to [e-mail], in Word format, by 3:00 p.m. on February 21, 2020. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HANNAH SABATA, et al.,
Plaintiffs,
vs.

4:17CV3107
AMENDED PROGRESSION ORDER

NEBRASKA DEPARTMENT OF
CORRECTIONAL SERVICES, et al.,
Defendants.
This matter comes before the court on the parties’ Joint Motion to Amend Case Progression
Order (Filing No. 287). After review of the motion, the Court finds good cause to extend the case
progression deadlines. Accordingly,
IT IS ORDERED that the parties’ Joint Motion to Amend Case Progression Order (Filing
No. 287) is granted, and the following deadlines shall apply:

1)

The deadline for Defendants’ to file a brief in opposition to Plaintiffs’ Motion for
Class Certification (Filing No. 247) is extended to May 10, 2019. Plaintiffs’
deadline to file a brief in reply is extended to June 28, 2019.

2)

The non-jury trial of this case is set to commence before Robert F. Rossiter, Jr.,
United States District Judge, in Courtroom 3, United States Courthouse, Lincoln,
Nebraska, at 9:00 a.m. on March 9, 2020, or as soon thereafter as the case may be
called, for a duration of fifteen (15) trial days. This case is subject to the prior trial
of other civil cases that may be scheduled for trial before this one.

3)

The Pretrial Conference is scheduled before the undersigned magistrate judge on
February 28, 2020, at 10:00 a.m., and will be conducted in chambers. The parties’
proposed Pretrial Conference Order and Exhibit List(s) must be emailed to
[e-mail], in Word format, by 3:00 p.m. on February 21, 2020.

4)

The deadline for completing written discovery under Rules 33, 34, and 36 of the
Federal Rules of Civil Procedure is September 3, 2019. Motions to compel
discovery under Rules 33, 34, and 36 must be filed by September 17, 2019.
Note: A motion to compel, to quash, or for a disputed protective order shall not be
filed without first contacting the chambers of the undersigned magistrate judge to
set a conference for discussing the parties’ dispute.

5)

The deadline to complete expert disclosures1 for all experts expected to testify at

While treating medical and mental health care providers are generally not considered “specially retained
experts,” not all their opinions relate to the care and treatment of a patient. Their opinion testimony is limited to what
1

trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts,
(Fed. R. Civ. P. 26(a)(2)(C)), is September 3, 2019. Supplemental expert reports
responding to initial expert reports shall be served by October 3, 2019.
6)

The deposition deadline is November 1, 2019.

7)

The deadline for filing motions to dismiss and motions for summary judgment is
July 16, 2019.

8)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is December 2, 2019.

9)

Motions in limine shall be filed seven days before the pretrial conference. It is not
the normal practice to hold hearings on motions in limine or to rule on them prior
to the first day of trial. Counsel should plan accordingly.

10)

The parties shall comply with all other stipulations and agreements recited in their
Rule 26(f) planning report that are not inconsistent with this order.

11)

All requests for changes of deadlines or settings established herein shall be directed
to the undersigned magistrate judge, including all requests for changes of trial dates.
Such requests will not be considered absent a showing of due diligence in the timely
progression of this case and the recent development of circumstances, unanticipated
prior to the filing of the motion, which require that additional time be allowed.

Dated this 11th day of April, 2019.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge

is stated within their treatment documentation. As to each such expert, any opinions which are not stated within that
expert’s treatment records and reports must be separately and timely disclosed.