McGinley v. Douglas County, Nebraska et al

Filing 41

AMENDED ORDER SETTING PROGRESSION - This case is before the Court on the Joint Proposal for Amended Progression Order 40 . For good cause, the joint proposal is adopted. All depositions, whether or not they are intended to be used at trial, shall be completed by October 1, 2015. Motions to dismiss and motions for summary judgment shall be filed not later than September 20, 2015. The June 22, 2015, final pretrial conference and the jury trial set for the week of July 21, 2015, are canc elled, pending settlement or ruling on a dispositive motion. The parties shall file a joint report on or before July 1, 2015, advising the court as to status of settlement negotiations. All requests for changes of deadlines or settings established herein shall be by appropriate motion. Ordered by Magistrate Judge F.A. Gossett. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARGARET HINZ, Personal
Representative of the ESTATE OF
MAUREEN McGINLEY,
Plaintiff,
vs.
DOUGLAS COUNTY, NEBRASKA,
and DOUGLAS COUNTY
ASSESSOR'S OFFICE,
Defendants.

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Case No. 8:14cv121

AMENDED ORDER SETTING
PROGRESSION

This case is before the Court on the Joint Proposal for Amended Progression Order
(#40). For good cause, the joint proposal is adopted and the progression deadlines
amended as set out below:
IT IS ORDERED:
1. Adding Parties or Amending Pleadings. The deadline for motions to amend
pleadings or add parties is April 24, 2015.
2. Written Discovery. The deadline for completing written discovery under
Rules 33 through 36 of the Federal Rules of Civil Procedure is August 1, 2015. Motions
to compel Rule 33 and 36 discovery must be filed by August 15, 2015.
3. Disclosure of Expert Witnesses.1 The deadline for identifying expert
witnesses to testify at the trial and deadlines to complete expert disclosures, (both retained
experts, Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts (Fed. R. Civ. P. 26(a)(2)(C)),
are:
Defendant:
June 1, 2015
Plaintiff's rebuttal: July 1, 2015

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A treating physician must be identified pursuant to Fed. R. Civ. P. 26(a)(2)(A), but a treating
physician is not deemed to be "retained or specially employed to provide expert testimony in a
case" so as to require a written report under Fed. R. Civ. P. 26(a)(2)(B).

4. Motions in Limine: The deadline for filing motions to exclude testimony on
Daubert and related grounds, is August 31, 2015.
a. Any other motions in limine will be due five days prior to trial. It is not the
normal practice to hold hearings on motions in limine or to rule on them in advance.
Counsel should plan accordingly.
5. Deposition Deadline. All depositions, whether or not they are intended to be
used at trial, shall be completed by October 1, 2015.
6. Dispositive Motions. Motions to dismiss and motions for summary judgment
shall be filed not later than September 20, 2015.
7. The June 22, 2015, final pretrial conference and the jury trial set for the week
of July 21, 2015, are cancelled, pending settlement or ruling on a dispositive motion.
8. The parties shall file a joint report on or before July 1, 2015, advising the court
as to status of settlement negotiations.
9. Motions to Alter Dates. All requests for changes of deadlines or settings
established herein shall be by appropriate motion.
DATED: April 15, 2015.
BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge

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