Sullivan et al v. Garza

Filing 42

AMENDED CASE PROGRESSION ORDER - The status conference scheduled for December 14, 2020, is cancelled. The deposition deadline, including but not limited to depositions for oral testimony only under Rule 45, is August 9, 2021. The status conference sc heduled for April 9, 2020 is cancelled. The trial and pretrial conference will not be set at this time. A planning conference to discuss case progression, dispositive motions, the parties' interest in settlement, and the trial and pretrial confe rence settings will be held with the undersigned magistrate judge on August 9, 2021, at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Michael D. Nelson. (LKO)

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4:20-cv-03015-JMG-MDN Doc # 42 Filed: 11/20/20 Page 1 of 2 - Page ID # 92 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA MICHAEL J. SULLIVAN, and CATHLEEN SULLIVAN, 4:20CV3015 Plaintiffs, AMENDED CASE PROGRESSION ORDER vs. JESUS GARZA, Defendant. This matter is before the Court on the parties’ Joint Text Email Motion for Extension of the Deadlines in the Case Progression Order (Filing No. 41). After review of the parties’ motion, the Court finds good cause to grant the requested extensions. Accordingly, IT IS ORDERED that the case progression order is amended as follows: 1) The status conference scheduled for December 14, 2020, is cancelled. 2) The deadline for completing written discovery under Rules 33, 34, 36 and 45 of the Federal Rules of Civil Procedure is March 22, 2021. Motions to compel written discovery under Rules 33, 34, 36 and 45 must be filed by April 5, 2021. 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 on or before the motion to compel deadline to set a conference to discuss the parties’ dispute, and after being granted leave to do so by the Court. 3) The deadlines for identifying expert witnesses expected to testify at the 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 plaintiffs: For the defendant: Plaintiffs’ rebuttal: 4) April 30, 2021 May 28, 2021 June 11, 2021 The deadlines for completing expert disclosures1 for all experts expected to testify at trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and nonretained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are: For the plaintiffs: For the defendant: Plaintiffs’ rebuttal: May 28, 2021 June 25, 2021 July 9, 2021 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. 1 4:20-cv-03015-JMG-MDN Doc # 42 Filed: 11/20/20 Page 2 of 2 - Page ID # 93 5) The deposition deadline, including but not limited to depositions for oral testimony only under Rule 45, is August 9, 2021. The maximum number of depositions that may be taken by the plaintiffs as a group and the defendants as a group is seven (7). 6) The status conference scheduled for April 9, 2020 is cancelled. The trial and pretrial conference will not be set at this time. A planning conference to discuss case progression, dispositive motions, the parties’ interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on August 9, 2021, at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. 7) The deadline for filing motions to dismiss and motions for summary judgment is September 10, 2021. 8) The deadline for filing motions to exclude testimony on Daubert and related grounds is September 10, 2021. 9) 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. 10) All requests for changes of deadlines or settings established herein shall be directed to the undersigned magistrate judge. 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 20th day of November, 2020. BY THE COURT: s/Michael D. Nelson United States Magistrate Judge

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