Ritke et al v. Schuessler et al

Filing 64

FINAL PROGRESSION ORDER (AMENDED) - Plaintiff's unopposed motion to amend the final progression order is granted. (Filing No. 63 ). The status conference to discuss case progression, the parties' interest in settlement, and the trial and p retrial conference settings previously set for September 12, 2023 at 10:00 a.m. will be held as scheduled. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Cheryl R. Zwart. (NMW)

7:22-cv-05002-JMG-CRZ Doc # 64 Filed: 05/18/23 Page 1 of 2 - Page ID # 313

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RACHEL RITKE,
Plaintiff,

7:22CV5002

vs.
CRAIG SCHUESSLER, individually; and
JENNIFER BURGESS, individually;

FINAL PROGRESSION ORDER
(AMENDED)

Defendants.

IT IS ORDERED that Plaintiff’s unopposed motion to amend the final progression
order is granted. (Filing No. 63). The unexpired deadlines in the final progression
order are amended as follows:
1)

The status conference to discuss case progression, the parties’ interest in
settlement, and the trial and pretrial conference settings previously set for
September 12, 2023 at 10:00 a.m. will be held as scheduled. 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 nonretained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:
For the plaintiff(s):
For the defendant(s):
Plaintiff(s)’ rebuttal:

June 6, 2023.
July 5, 2023.
July 26, 2023.

3)

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is September 18, 2023.

4)

The deadline for filing motions to dismiss and motions for summary

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.

7:22-cv-05002-JMG-CRZ Doc # 64 Filed: 05/18/23 Page 2 of 2 - Page ID # 314

judgment is October 16, 2023.
5)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is October 16, 2023.

6)

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.

7)

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.

8)

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 18th day of May, 2023.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge