Bassett v. Credit Bureau Services, Inc. et al

Filing 129

THIRD AMENDED FINAL PROGRESSION ORDER - The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on September 9, 2020 at 10:00 a.m., and will be conducted by internet/telephonic conferencing. Counsel shall use th e conferencing instructions assigned to this case to participate in the conference. (If counsel wishes to appear in person, counsel must contact chambers requesting permission to do so. Before contacting chambers to request such relief, counsel shall confer regarding the issue.) The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to [e-mail], in Word format, by 12:00 p.m. on September 4, 2020. The trial date will be set at the teleph onic status conference or at the pretrial conference. A telephonic conference to discuss the status of case progression and trial setting will be held with the undersigned magistrate judge on May 28, 2020 at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Susan M. Bazis. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KELLY M. BASSETT, individually and as heir
of James M. Bassett, on behald of herself and
all other similarly situated;
Plaintiff,

8:16CV449
THIRD AMENDED FINAL
PROGRESSION ORDER

vs.
CREDIT BUREAU SERVICES, INC., and C.
J. TIGHE,
Defendants.
This matter is before the Court on the parties’ Joint Stipulation to Extend Case
Progression Deadlines. (Filing No. 128.) The motion is granted. Accordingly,
The provisions of the Court’s previous Final Progression Orders shall remain in effect
and in addition to those provisions, the following shall apply:
1)

The Pretrial Conference is scheduled to be held before the undersigned magistrate
judge on September 9, 2020 at 10:00 a.m., and will be conducted by
internet/telephonic conferencing. Counsel shall use the conferencing instructions
assigned to this case to participate in the conference. (If counsel wishes to appear
in person, counsel must contact chambers requesting permission to do so. Before
contacting chambers to request such relief, counsel shall confer regarding the
issue.) The parties’ proposed Pretrial Conference Order and Exhibit List(s) must
be emailed to [e-mail], in Word format, by 12:00 p.m. on
September 4, 2020. The trial date will be set at the telephonic status conference
or at the pretrial conference.

2)

Notice Deadlines: The deadline to send class notice is December 2, 2019. The
deadline for class members to opt out or intervene is January 31, 2020.

3)

A telephonic conference to discuss the status of case progression and trial setting
will be held with the undersigned magistrate judge on May 28, 2020 at 10:00
a.m. by telephone. Counsel shall use the conferencing instructions assigned to this
case to participate in the conference.

4)

The deadline for completing written discovery under Rules 33, 34, and 36
of the Federal Rules of Civil Procedure is March 16, 2020. Motions to
compel discovery under Rules 33, 34, and 36 must be filed by March 30,
2020.
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.

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)

March 16, 2020
April 16, 2020

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):
Plaintiff(s)’ rebuttal:

7)

March 16, 2020
April 16, 2020
April 30, 2020

The deposition deadline is June 2, 2020.
a. Depositions will be limited by Rule 30(d)(1).

8)

The deadline for filing motions to dismiss and motions for summary judgment is
June 2, 2020.

9)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is June 16, 2020.

10)

Motions in limine shall be filed thirty (30) 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.

11)

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.

12)

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 6th day of February, 2020.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge

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.