Nader et al v. The City of Papillion et al

Filing 29

PROGRESSION ORDER: The parties may commence discovery. The deposition deadline is September 26, 2017. The deadline for filing the dispositive immunity motion is November 28, 2017. Further progression will be deferred until after resolution of such motion. The parties shall contact the undersigned's chambers within ten (10) days after a ruling on any dispositive motions on the immunity defenses to set a status conference to discuss further progression of any remaining issues. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WADITH STOCKINGER NADER, and
STACEY NICHOLE NADER,
8:17CV83
Plaintiffs,
PROGRESSION ORDER

vs.
THE CITY OF PAPILLION, SARPY
COUNTY, BRYAN SVAJGL, BENJAMIN
IVERSEN, SCOTT A. LYONS, L.
KENNETH POLIKOV, and JENNIFER
MIRALLES,
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 June 26, 2017.

3)

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

June 26, 2017
July 26, 2017

4)

The deadline for completing written discovery under Rules 33 through 36
of the Federal Rules of Civil Procedure is August 28, 2017. Motions to
compel Rule 33 through 36 discovery must be filed by September 11,
2017
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)

August 28, 2017.
September 28, 2017.

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):

September 28, 2017.

For the defendant(s):

October 27, 2017.

7)

Any Rebuttal experts shall be identified within 21 days of the receipt of an
expert’s report.

8)

The deposition deadline is September 26, 2017.

9)

The deadline for filing the dispositive immunity motion is November 28,
2017. Further progression will be deferred until after resolution of such
motion.1

10)

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

Dated this 26th day of May, 2017.
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