Reyna et al v. Shelter Mutual Insurance Company

Filing 23

FINAL PROGRESSION ORDER (AMENDED): the parties' joint motion to extend progression order deadlines, Filing No. 22 , is granted. A Status Conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings is continued to 7/30/2024 at 09:00 AM by Telephone before Magistrate Judge Jacqueline M. DeLuca. The deposition deadline is July 25, 2024. Ordered by Magistrate Judge Jacqueline M. DeLuca. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CLAUDIA REYNA, and MARIA MORALES
DE GARCIA,
4:23CV3080
Plaintiffs,
vs.

FINAL PROGRESSION ORDER
(AMENDED)

SHELTER MUTUAL INSURANCE
COMPANY,
Defendant.
IT IS ORDERED that the parties’ joint motion to extend progression order
deadlines is granted. Filing No. 22. The unexpired deadlines in the amended final
progression order (Filing No. 18) are amended as follows:
1)

The trial and pretrial conference will not be set at this time. A status
conference currently set for June 25, 2024, (Filing No. 21), to discuss case
progression, the parties’ interest in settlement, and the trial and pretrial
conference settings is continued and will be held with the undersigned
magistrate judge on July 30, 2024 at 9:00 a.m. by telephone. Counsel shall
use the conferencing instructions assigned to this case to participate in the
conference.

2)

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):
Plaintiff(s)’ rebuttal:

3)

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 nonretained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:
For the plaintiff(s):

1

May 13, 2024.
June 10, 2024.

May 13, 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.

For the defendant(s):
Plaintiff(s)’ rebuttal:

June 13, 2024.
July 1, 2024.

4)

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is July 25, 2024.

5)

The deadline for filing motions to dismiss and motions for summary
judgment is August 26, 2024.

6)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is September 3, 2024.

7)

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.

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, 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 26th day of March, 2024.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge