Bassett v. Credit Bureau Services, Inc. et al

Filing 134

FOURTH AMENDED FINAL PROGRESSION ORDER - The Pretrial Conference, previously scheduled for September 9, 2020, is canceled and will not be reset at this time. A telephonic conference to discuss the status of case progression and pretrial con ference and trial setting will be held with the undersigned magistrate judge on August 4, 2020 at 10:00 a.m. by telephone. Case Conference Instructions are located at Filing No. 27 in this case. The deposition deadline is August 31, 2020. 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
FOURTH 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. 133.) 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, previously scheduled for September 9, 2020, is canceled
and will not be reset at this time.

2)

A telephonic conference to discuss the status of case progression and pretrial
conference and trial setting will be held with the undersigned magistrate judge
on August 4, 2020 at 10:00 a.m. by telephone. Case Conference Instructions are
located at Filing No. 27 in this case.

3)

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):

4)

March 16, 2020
July 15, 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:

March 16, 2020
July 15, 2020
July 30, 2020

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.
1

5)

The deposition deadline is August 31, 2020.
a. Depositions will be limited by Rule 30(d)(1).

6)

The deadline for filing motions to dismiss and motions for summary judgment is
August 31, 2020.

7)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is September 14, 2020.

8)

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.

9)

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.

10)

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 April, 2020.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge