DatabaseUSA.com, LLC v. Van Gilder et al

Filing 132

AMENDED FINAL PROGRESSION ORDER - that the provisions of the Court's earlier final progression order remain in effect, and in addition to those provisions, the following shall apply: The jury trial of this case is canceled and will be reschedule d at the status conference of this matter. A telephonic conference to discuss the status of case progression and trial setting will be held with the undersigned magistrate judge on March 13, 2020 at 2:00 p.m. by telephone. Counsel shall use th e conferencing instructions assigned to this case to participate in the conference. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on April 17, 2020 at 10:00 a.m., and will be conducted by internet/tele phonic 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 chamb ers 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 3:00 p.m. on April 14, 2020. Ordered by Magistrate Judge Susan M. Bazis. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DATABASEUSA.COM, LLC,
Plaintiff,
vs.

8:17CV386
AMENDED FINAL
PROGRESSION ORDER

BLAKE VAN GILDER, INFOGROUP, INC.,
a Corporation; and KOLEY JESSEN P.C.,
LLO,
Defendants.
This matter is before the Court on the parties’ Unopposed Motion to Continue Trial Date.
(Filing No. 131.) The motion is granted, accordingly,
IT IS ORDERED that the provisions of the Court's earlier final progression order remain
in effect, and in addition to those provisions, the following shall apply:
1)

The jury trial of this case is canceled and will be rescheduled at the status
conference of this matter.

2)

A telephonic conference to discuss the status of case progression and trial setting
will be held with the undersigned magistrate judge on March 13, 2020 at 2:00 p.m.
by telephone. Counsel shall use the conferencing instructions assigned to this case
to participate in the conference.

3)

The Pretrial Conference is scheduled to be held before the undersigned magistrate
judge on April 17, 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 3:00 p.m. on April 14, 2020.

4)

Initial Disclosures. The parties have exchanged Fed. R. Civ. P. 26(a) disclosures
on December 10, 2018 and this satisfies the Initial Progression Order deadline.

5)

The deadline for completing written discovery under Rules 33, 34, and 36 of the
Federal Rules of Civil Procedure is July 1, 2019. Motions to compel discovery
under Rules 33, 34, and 36 must be filed by July 15, 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.

6)

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):

7)

July 17, 2019
September 13, 2019

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:

August 14, 2019
October 15, 2019
October 29, 2019

8)

The deposition deadline for lay witnesses is July 31, 2019 and for expert witnesses
is December 6, 2019.

9)

The deadline for filing motions to dismiss and motions for summary judgment is
January 10, 2020.

10)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is January 10, 2020.

11)

Motions in limine shall be filed seven 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.

12)

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.

13)

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 11th day of October, 2019.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge

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.
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