Velasquez et al v. Peden et al
THIRD AMENDED CASE PROGRESSION ORDER - A status conference to discuss case progression and the parties' interest in settlement remains scheduled with the undersigned magistrate judge on October 1, 2021, at 11:30 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
7:20-cv-05007-BCB-MDN Doc # 50 Filed: 09/07/21 Page 1 of 2 - Page ID # 117
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HILARIO VELASQUEZ, and SARAH
CASE PROGRESSION ORDER
SGT. JOHN PEDEN, in his individual and
official capacities; CITY OF COZAD, a
Nebraska political subdivision; and DOES 1
- 5, in their individual and official capacities;
This matter is before the Court on the Unopposed Motion to Extend Case Progression
Deadlines (Filing No. 49). After a review of the motion and for good cause shown,
IT IS ORDERED that the Unopposed Motion to Extend Case Progression Deadlines
(Filing No. 49) is granted, and the second amended case progression order is amended as
A status conference to discuss case progression and the parties’ interest in
settlement remains scheduled with the undersigned magistrate judge on October 1,
2021, at 11:30 a.m. by telephone. Counsel shall use the conferencing instructions
assigned to this case to participate in the conference.
The deadlines for identifying expert witnesses and completing 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:
October 4, 2021
October 11, 2021
The deposition deadline, including but not limited to depositions for oral testimony
only under Rule 45, is October 18, 2021.
The deadline for filing motions to resolve qualified immunity is November 1, 2021.
The deadline for filing motions to exclude testimony on Daubert and related
grounds is November 18, 2021.
The deadline for filing motions to dismiss and motions for summary judgment not
related to qualified immunity remains December 23, 2021.
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.
7:20-cv-05007-BCB-MDN Doc # 50 Filed: 09/07/21 Page 2 of 2 - Page ID # 118
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.
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 7th day of September, 2021.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge
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