Thomas et al v. Board of Regents of the University of Nebraska et al

Filing 99

FIFTH AMENDED FINAL PROGRESSION ORDER The motion 98 is granted. The trial and pretrial conference will not be set at this time. A status conference to discuss case progression, the parties' interest in settlement, and the trial and pretria l conference settings remains as scheduled and 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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JANE DOE 1, and JANE DOE 2,
4:20CV3081
Plaintiffs,
vs.

FIFTH AMENDED
FINAL PROGRESSION ORDER

BOARD OF REGENTS OF THE
UNIVERSITY OF NEBRASKA,
Defendant.
THIS MATTER is before the Court on the parties’ Joint Motion to Allow Amendment of
Expert Disclosures and Extension of Discovery and Expert Designation Deadlines to the Extent
Related to Experts. (Filing No. 98.) 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. A status conference to
discuss case progression, the parties’ interest in settlement, and the trial and
pretrial conference settings remains as scheduled and 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 deadline for Plaintiffs to amend the expert disclosures of the already designated
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)), is twenty-one
(21) days after receiving the mental health records from Nebraska Medicine.

4)

The deadline for Defendants to identify and provide complete expert disclosures,
including rebuttal, 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)), is forty-five (45) days after receiving Plaintiffs’ amended expert
disclosures.

5)

The deadline for Plaintiffs rebuttal 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)), is fifteen (15) days after receiving
defendant’s rebuttal expert disclosure.

6)

The deadline for deposition of identified experts, retained and non-retained,
including but not limited to depositions for oral testimony only under Rule 45, is
June 30, 2024. The deposition deadline for non-experts 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).

7)

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.

8)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is August 1, 2024.

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 22nd day of February, 2024.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge