Deinert et al v. Portable Storage of Nebraska, LLC

Filing 15

FINAL PROGRESSION ORDER (AMENDED) The trial and pretrial conference will not be set at this time. The status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings scheduled fo r August 3, 2021 is continued. It will be held with the undersigned magistrate judge on September 21, 2021 at 12:00 p.m. (noon) by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SAMANTHA DEINERT, an individual;
and SETH DEINERT, an individual;
4:21CV3016
Plaintiffs,
vs.

FINAL PROGRESSION ORDER
(AMENDED)

PORTABLE STORAGE OF NEBRASKA
LLC, a Nebraska Limited Liability
Company;
and
PODS
ENTERPRISES,LLC, a Florida Limited
Liability Company;
Defendants.

IT IS ORDERED that the parties’ joint motion to extend progression order
deadlines is granted. (Filing No. 14). The final progression order is amended as
follows:
1)

The trial and pretrial conference will not be set at this time. The status
conference to discuss case progression, the parties’ interest in settlement,
and the trial and pretrial conference settings scheduled for August 3, 2021
is continued. It will be held with the undersigned magistrate judge on
September 21, 2021 at 12:00 p.m. (noon) by telephone. Counsel shall use
the conferencing instructions assigned to this case to participate in the
conference.

2)

The parties do not anticipate calling experts to testify at trial. Any motion to
exclude expert testimony on Daubert and related grounds shall be filed by
October 8, 2021.

3)

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is September 1, 2021.

4)

The deadline for filing motions to dismiss and motions for summary
judgment is October 8, 2021.

5)

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.
6)

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.

7)

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 16th day of July, 2021.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge