Dowson et al v. Dutton-Lainson Company et al

Filing 59

AMENDED FINAL PROGRESSION ORDER - This matter comes before the court on the Unopposed Motion to Extend Certain Pre-trial Deadlines (Filing No. 58). After review of the motion, the Court finds good cause to modify the case progression deadlines. Jury Trial set for 10/7/2019 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Chief Judge John M. Gerrard. Pretrial Conference set for 9/16/2019 at 11:00 AM in Chambers before Magistrate Judge Michael D. Nelson. Telephone Conference set for 5/31/2019 at 11:00 AM by Telephone before Magistrate Judge Michael D. Nelson. Ordered by Magistrate Judge Michael D. Nelson. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MANDY W. DOWSON, and KRISTIN J.
BROUK, Individually and as Co-Personal
Representatives of the Estate of BARBARA A.
RICHARDSON, Deceased,
Plaintiffs,

4:17CV3158
AMENDED
FINAL PROGRESSION ORDER

vs.
DUTTON-LAINSON COMPANY, and MSC
INDUSTRIAL DIRECT CO., INC.,
Defendants.
This matter comes before the court on the Unopposed Motion to Extend Certain Pre-trial
Deadlines (Filing No. 58). After review of the motion, the Court finds good cause to modify the
case progression deadlines. Accordingly,
IT IS ORDERED that the parties’ Unopposed Motion to Extend Certain Pre-trial
Deadlines (Filing No. 58) is granted, and the following case progression deadlines shall apply:
1)

The jury trial of this case remains set to commence before John M. Gerrard, Chief
United States District Judge, in Courtroom 1, United States Courthouse, Lincoln,
Nebraska, at 9:00 a.m. on October 7, 2019, or as soon thereafter as the case may
be called, for a duration of ten (10) trial days. This case is subject to the prior trial
of other civil cases that may be scheduled for trial before this one. Jury selection
will be held at the commencement of trial.

2)

The Pretrial Conference remains scheduled before the undersigned magistrate
judge on September 16, 2019, at 11:00 a.m., and will be conducted in chambers.
The parties’ proposed Pretrial Conference Order, Non-expert Witness Disclosure
and Exhibit List(s) must be emailed to [e-mail], in Word format,
by 3:00 p.m. on September 9, 2019.

3)

A telephonic conference to discuss the status of case progression and the parties’
interest in settlement will be held with the undersigned magistrate judge remains
scheduled for May 31, 2019 at 11:00 a.m. by telephone. Counsel shall use the
conferencing instructions assigned to this case to participate in the conference.
(Filing No. 29).

4)

The deadline for completing written discovery under Rules 33, 34, and 36 of the
Federal Rules of Civil Procedure is April 19, 2019. Motions to compel discovery
under Rules 33, 34, and 36 must be filed by May 3, 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 deadlines to complete expert disclosures1 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 defendants:
Plaintiffs’ rebuttal:

March 22, 2019
April 12, 2019

6)

The deposition deadline is May 31, 2019.

7)

The deadline for filing motions to dismiss and motions for summary judgment
remains June 11, 2019.

8)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is July 11, 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 1st day of February, 2019.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge

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
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.
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