Mauler v. Vilsack
Filing
35
AMENDED FINAL PROGRESSION ORDER The trial and pretrial conference will not be set at this time. The status conference presently scheduled for December 20, 2022 is canceled. A status conference to discuss case progression, the parties int erest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge by telephone on February 21, 2023 at 1:00 p.m. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. (Filing No. 14 .) Ordered by Magistrate Judge Susan M. Bazis. (LRM)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
AMY J. MAULER,
Plaintiff,
7:21CV5007
vs.
THOMAS J. VILSACK, as Secretary of
Department of Agriculture;
AMENDED
FINAL PROGRESSION ORDER
Defendant.
THIS MATTER is before the Court on the parties’ Joint Motion to Amend Progression
Order. (Filing No. 34.) The motion is granted. Accordingly,
IT IS ORDERED that the provisions of the Court’s previous final progression order remain
in effect, and in addition to those provisions, progression shall be amended as follows:
1)
The trial and pretrial conference will not be set at this time. The status conference
presently scheduled for December 20, 2022 is canceled. A status conference to
discuss case progression, the parties’ interest in settlement, and the trial and
pretrial conference settings will be held with the undersigned magistrate judge by
telephone on February 21, 2023 at 1:00 p.m. Counsel shall use the conferencing
instructions assigned to this case to participate in the conference. (Filing No. 14.)
2)
The deadline for completing written discovery under Rules 33, 34, 36 and 45 of the
Federal Rules of Civil Procedure is October 21, 2022. Motions to compel written
discovery under Rules 33, 34, 36 and 45 must be filed by November 7, 2022.
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 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 plaintiff(s):
For the defendant(s):
Rebuttal:
July 5, 2022
October 4, 2022
October 18, 2022
4)
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-retained experts,
(Fed. R. Civ. P. 26(a)(2)(C)), are:
For the plaintiff(s):
For the defendant(s):
Rebuttal:
5)
October 4, 2022
November 1, 2022
November 15, 2022
The deposition deadline, including but not limited to depositions for oral testimony
only under Rule 45, is February 14, 2023.
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).
6)
The deadline for filing motions to dismiss and motions for summary judgment is
April 4, 2023.
7)
The deadline for filing motions to exclude testimony on Daubert and related
grounds is December 14, 2022.
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. 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 2nd day of August, 2022.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge
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.
1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?