Shipps v. Walmart, Inc. et al

Filing 23

FINAL PROGRESSION ORDER (AMENDED) granting 22 JOINT MOTION to Extend Progression Order. Depositions due (Fact Witnesses September 20, 2024 and Expert Witnesses February 20, 2025). 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 currently set for June 25, 2024 at 10:00 a.m. by telephone is continued and will be held with the undersigned magistrate judge on February 25, 2025 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 Jacqueline M. DeLuca. (JES)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

STACY SHIPPS,

Plaintiff,

4:23CV3123

vs.
FINAL PROGRESSION ORDER
WALMART, INC., and WAL-MART REAL
ESTATE BUSINESS TRUST,

(AMENDED)

Defendants.

The parties’ joint motion (Filing No. 22) to modify the final progression order by
extending and reopening certain deadlines is granted for good cause shown.
Accordingly,
IT IS ORDERED that the final progression order is 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 currently set for June 25, 2024
at 10:00 a.m. by telephone is continued and will be held with the
undersigned magistrate judge on February 25, 2025 at 10:00 a.m. by
telephone. Counsel shall use the conferencing instructions assigned to this
case to participate in the conference.

2)

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-

1

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.

retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:

3)

For the plaintiff(s):

October 18, 2024.

For the defendant(s):

December 20, 2024.

Plaintiff(s)’ rebuttal:

January 21, 2025.

The deposition deadlines, including but not limited to depositions for oral
testimony only under Rule 45, are:
Fact Witnesses

September 20, 2024

Expert Witnesses

February 20, 2025

4)

The deadline for filing motions to dismiss and motions for summary
judgment is March 21, 2025.

5)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is March 21, 2025.

6)

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. No further extensions will be considered absent
a substantial showing of good cause.

7)

All other deadlines and provisions in the final progression order, Filing No.
13, are unchanged.

Dated this 5th day of June, 2024.

BY THE COURT:

s/ Jacqueline M. DeLuca
United States Magistrate Judge