Builders Warehouse, Inc. v. PFC Services, Inc. et al

Filing 46

AMENDED CASE PROGRESSION ORDER - The status conference set for April 2, 2025, is cancelled. A status conference to discuss case progression and the parties' interest in settlement will be held with the undersigned magistrate judge on June 18, 2025, at 11:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. The planning conference set for June 23, 2025, is cancelled. The trial and pretrial conference will not be set at this time. A planning conference to discuss case progression, dispositive motions, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on August 13, 2025, 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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BUILDERS WAREHOUSE, INC., a Nebraska
corporation;
7:24CV5001
Plaintiff/Counter-Defendant,
AMENDED
CASE PROGRESSION ORDER

vs.
PFC SERVICES, INC., a Georgia corporation;
and PAUL BUMBLAUSKAS, an individual;
Defendants/Counter-Claimants.

This matter comes before the Court on the parties’ Joint Stipulation to Continue
Progression Deadlines (Filing No. 45). After review of the parties’ stipulation, the Court finds
good cause to grant the requested extensions. Accordingly,
IT IS ORDERED that the Joint Stipulation to Continue Progression Deadlines (Filing No.
43) is granted, and the case progression order is amended as follows:
1)

The deadline for the defendants to respond to written discovery is extended to
March 18, 2025. Motions to compel written discovery under Rules 33, 34, 36,
and 45 must be filed by May 2, 2025.
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
on or before the motion to compel deadline to set a conference to discuss the
parties’ dispute, and after being granted leave to do so by the Court.

2)

Experts:
a. The deadline 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)), is April 25, 2025. The deadline to identify
rebuttal expert witnesses is June 6, 2025.
b. The deadlines for completing expert disclosures 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)), is May 30, 2025. The deadline
to serve rebuttal expert reports is July 11, 2025.
c. The deadline for filing motions to exclude testimony on Daubert and related
grounds is August 22, 2025.

3)

The status conference set for April 2, 2025, is cancelled. A status conference to
discuss case progression and the parties’ interest in settlement will be held with
the undersigned magistrate judge on June 18, 2025, at 11:00 a.m. by telephone.
Counsel shall use the conferencing instructions assigned to this case to participate
in the conference.

4)

The planning conference set for June 23, 2025, is cancelled. The trial and pretrial
conference will not be set at this time. A planning conference to discuss case
progression, dispositive motions, the parties’ interest in settlement, and the trial
and pretrial conference settings will be held with the undersigned magistrate
judge on August 13, 2025, at 11:30 a.m. by telephone. Counsel shall use the
conferencing instructions assigned to this case to participate in the conference.

5)

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is August 15, 2025. The maximum number of
depositions that may be taken by the plaintiffs as a group and the defendants as a
group is twenty (20).

6)

The deadline for filing motions to dismiss and motions for summary judgment is
September 12, 2025.

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. 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 11th day of March, 2025.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge

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