KD, et al vs. Douglas County Public School District No. 001, et al

Filing 62

PROGRESSION ORDER (AMENDED) - Jury Trial set for 6/18/2019 at 09:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Pretrial Conference set for 6/4/2019 at 10:00 AM Internet/Telephonic Conferencing before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KD and JD, Parent, Natural Guardian
and Next Friend of LD;
8:17CV285
Plaintiffs,
PROGRESSION ORDER
(AMENDED)

vs.
DOUGLAS COUNTY SCHOOL
DISTRICT NO. 001, et. al;
Defendants.

As requested in the parties’ motion, (Filing No. 50), which is hereby
granted,
IT IS ORDERED that the case progression order is amended as follows:
1)

The jury trial of this case is set to commence before Laurie Smith Camp,
Chief United States District Judge, in Courtroom 2, Roman L. Hruska
Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00
a.m. on June 18, 2019, or as soon thereafter as the case may be called,
for a duration of ten (10) trial days. This case is subject to the prior trial of
criminal cases and such other civil cases as may be scheduled for trial
before this one. Jury selection will be held at the commencement of trial.

2)

The Pretrial Conference is scheduled to be held before the undersigned
magistrate judge on June 4, 2019 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. The
parties’ proposed Pretrial Conference Order and Exhibit List(s) must be
emailed to [e-mail], in either Word Perfect or Word
format, by 5:00 p.m. on June 3, 2019.

3)

The deadline for completing written discovery under Rules 33, 34, and 36
of the Federal Rules of Civil Procedure is January 28, 2019. Motions to
compel discovery under Rules 33, 34, and 36 must be filed by February
11, 2019
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.

4)

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 defendant(s):

November 1, 2018.

Plaintiff(s)’ rebuttal:

November 15, 2018

5)

The deposition deadline is January 28, 2019.

6)

The deadline for filing motions to dismiss and motions for summary
judgment is March 27, 2019. The parties are advised, however, that the
trial and pretrial conference may be continued on the court’s own motion if
dispositive motions are filed after March 1, 2019.

7)

The deadline for filing motions to exclude testimony on Daubert and
related grounds is March 27, 2019.

8)

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.

August 10, 2018

BY THE COURT:
s/ Cheryl R. Zwart
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.
2