Thomas et al v. Board of Regents of the University of Nebraska et al
Filing
90
FOURTH AMENDED FINAL PROGRESSION ORDER The trial and pretrial conference will not be set at this time. The status conference presently scheduled for January 25, 2024 is canceled. A status conference to discuss case progression, the parties& #039; interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge by telephone on May 30, 2024 at 2:00 p.m. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. (Filing No. 64 .) Ordered by Magistrate Judge Susan M. Bazis. (LRM)
4:20-cv-03081-RFR-SMB Doc # 90 Filed: 09/28/23 Page 1 of 2 - Page ID # 898
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JANE DOE 1, and JANE DOE 2,
4:20CV3081
Plaintiffs,
vs.
FOURTH AMENDED
FINAL PROGRESSION ORDER
BOARD OF REGENTS OF THE
UNIVERSITY OF NEBRASKA,
Defendant.
THIS MATTER is before the Court on the parties’ Joint Stipulated Motion to Extend
Deadlines (Filing No. 89.). The motion is granted. Accordingly,
IT IS ORDERED that the provisions of the Court’s previous final progression orders
remain in effect, and in addition to those provisions, case progression shall be amended as follows:
1)
The trial and pretrial conference will not be set at this time. The status conference
presently scheduled for January 25, 2024 is canceled. A status conference to
discuss case progression, the parties’ interest in settlement, and the trial and
pretrial conference settings will be held with the undersigned magistrate judge by
telephone on May 30, 2024 at 2:00 p.m. Counsel shall use the conferencing
instructions assigned to this case to participate in the conference. (Filing No. 64.)
2)
The deadline for completing written discovery under Rules 33, 34, 36 and 45 of the
Federal Rules of Civil Procedure is February 29, 2024. Motions to compel written
discovery under Rules 33, 34, 36 and 45 must be filed by April 12, 2024.
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.
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 defendant(s):
4)
February 29, 2024
The deadlines for 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 defendant(s):
February 29, 2024
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-03081-RFR-SMB Doc # 90 Filed: 09/28/23 Page 2 of 2 - Page ID # 899
5)
The deposition deadline, including but not limited to depositions for oral testimony
only under Rule 45, is April 30, 2024.
a. The maximum number of depositions that may be taken by the plaintiffs as
a group and the defendants as a group is 10.
b. Depositions will be limited by Rule 30(d)(1).
6)
The deadline for filing motions to dismiss and motions for summary judgment is
July 1, 2024. The deadline for filing a Brief in Opposition to dispositive motion is
August 1, 2024.
7)
The deadline for filing motions to exclude testimony on Daubert and related
grounds is June 1, 2024.
8)
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.
9)
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 28th day of September, 2023.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge
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