Emery v. County of Dakota

Filing 12

INITIAL PROGRESSION ORDER: The parties may commence discovery. Until further order of the court, the discovery shall be limited to the issues of qualified and sovereign immunity. To avoid burdening witnesses and the unnecessary duplication of time a nd expense needed to depose the same witness more than once, any witness deposed in preparation for asserting or defending against a qualified immunity or sovereign immunity defenses shall be deposed as to all issues. The parties shall contact the undersigneds chambers within ten (10) days after a ruling on any dispositive motions to set a status conference to discuss further progression of any remaining issues. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ADA JOANN EMERY, Personal
Representative of the Estate of Phillip
Wayne Walker;

8:15CV3009

Plaintiff,
INITIAL PROGRESSION ORDER
vs.
COUNTY OF DAKOTA, a Nebraska
Political Subdivision; and DOES 1-5, in
their individual and official capacities;
Defendants.
IT IS ORDERED that the initial progression order is as follows:
1)

The parties may commence discovery. Until further order of the court, the
discovery shall be limited to the issues of qualified and sovereign
immunity. To avoid burdening witnesses and the unnecessary duplication
of time and expense needed to depose the same witness more than once,
any witness deposed in preparation for asserting or defending against a
qualified immunity or sovereign immunity defenses shall be deposed as to
all issues.

2)

Mandatory disclosures shall be served by May 27, 2015.

3)

The deadlines for moving to amend pleadings or add parties are:
For the plaintiff(s):
For the defendant(s):

July 1, 2015
September 1, 2015

4)

The deadline for completing written discovery under Rules 33 through 36
of the Federal Rules of Civil Procedure is January 27, 2016. Motions to
compel Rule 33 through 36 discovery must be filed by January 12, 2016
Note: Motions to compel shall not be filed without first contacting the
chambers of the undersigned magistrate judge to set a conference for
discussing the parties’ dispute.

5)

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):
6)

October 27, 2015.
November 27, 2015.

The deadlines for complete expert disclosures 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):

November 27, 2015.
December 28, 2015.

7)

The deposition deadline is October 27, 2015.

8)

The deadline for filing the qualified immunity motion is January 27, 2016.
Further progression will be deferred until after resolution of such motion. 1

9)

The parties shall contact the undersigned’s chambers within ten (10) days
after a ruling on any dispositive motions to set a status conference to
discuss further progression of any remaining issues.

Dated this 28th day of April, 2015
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

1

To facilitate the court’s review, the parties are strongly encouraged to include hyperlinks to the
evidence, CM/ECF record, and all legal authorities cited within their briefs filed in support of, or
in opposition to, any motions filed. See NECivR 7.1. For instructions, see “Hyperlinking
Information” at http://www.ned.uscourts.gov/attorney/electronic-case-filing.

2