Crabar/GBF, Inc. v. Wright et al

Filing 320

FIFTH AMENDED CASE PROGRESSION ORDER - A status conference to discuss case progression and the parties' interest in settlement remains scheduled with the undersigned magistrate judge on October 22, 2021, at 9:30 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. 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 remains scheduled with the undersigned magistrate judge on April 8, 2022, at 9:30 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)

8:16-cv-00537-JMG-MDN Doc # 320 Filed: 07/22/21 Page 1 of 2 - Page ID # 6942
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CRABAR/GBF, INC.,
Plaintiff,
vs.

8:16CV537
FIFTH AMENDED
CASE PROGRESSION ORDER

MARK WRIGHT, WRIGHT PRINTING
CO., MARDRA SIKORA, JAMIE
FREDRICKSON, and ALEXANDRA
KOHLHAAS,
Defendants.
This matter comes before the Court on the Stipulated Motion to Enter Amended
Progression Schedule – Discovery (Filing No. 319). Upon review of the parties’ stipulated
motion and for good cause shown,
IT IS ORDERED that the Stipulated Motion to Enter Amended Progression Schedule –
Discovery (Filing No. 319) is granted, and the fourth case progression order is amended as
follows:
1)

The deadline for the parties to file a Final Joint Status Report Regarding
Forensic Examination Project is extended to August 13, 2021.

2)

The deadline for motions to compel written discovery under Rules 33, 34, 36
and 45 is extended to September 10, 2021.
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.

3)

A status conference to discuss case progression and the parties’ interest in
settlement remains scheduled with the undersigned magistrate judge on
October 22, 2021, at 9:30 a.m. by telephone. Counsel shall use the
conferencing instructions assigned to this case to participate in the conference.

4)

The deposition deadline for fact witnesses remains October 29, 2021.

5)

The deadlines for completing expert disclosures1 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)), remain:
For the plaintiff:
For the defendants:
For Rebuttal:

December 7, 2021
February 8, 2022
March 7, 2022

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

8:16-cv-00537-JMG-MDN Doc # 320 Filed: 07/22/21 Page 2 of 2 - Page ID # 6943
6)

The deposition deadline for expert witnesses remains April 4, 2022.

7)

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 remains scheduled
with the undersigned magistrate judge on April 8, 2022, at 9:30 a.m. by
telephone. Counsel shall use the conferencing instructions assigned to this case
to participate in the conference.

8)

The deadline for filing motions to dismiss and motions for summary judgment
remains May 2, 2022.

9)

The deadline for filing motions to exclude testimony on Daubert and related
grounds remains May 27, 2022.

10) 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.
11) 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 22nd day of July, 2021.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge