Millard Gutter Company et al v. Nationwide Insurance, et al

Filing 34

AMENDED FINAL PROGRESSION ORDER - that the Stipulation on Proposed Progression Order Deadlines (Filing No. 32 ) is generally approved and the final progression order is amended as follows: The deposition deadline is September 1, 2020. The Pre trial Conference is set before the undersigned magistrate judge on November 30, 2020, at 10:00 a.m., and will be conducted in chambers. The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to nelson@ned .uscourts.gov, in Word format, by 3:00 p.m. on November 23, 2020. A telephonic conference to discuss the status of case progression and the parties' interest in settlement will be held with the undersigned magistrate judge on July 31, 2020, a t 11:30 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. A telephonic conference to discuss trial dates and settlement status will be held with the undersigned magistrate judge on October 30, 2020, at 10:00 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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MILLARD GUTTER COMPANY, a
Corporation; GILLICK ENTERPRISES,
INC., and GROSS POINT HOLDINGS,
LLC,

8:18CV23

Plaintiffs,
AMENDED
FINAL PROGRESSION ORDER

vs.
NATIONWIDE INSURANCE, doing
business as; and DEPOSITORS
INSURANCE COMPANY,
Defendants.

This matter is before the Court after review of the parties’ Stipulation on Proposed
Progression Order Deadlines (Filing No. 32) and Amended Rule 26(f) Report (Filing No. 33). For
good cause shown,
IT IS ORDERED that the Stipulation on Proposed Progression Order Deadlines (Filing
No. 32) is generally approved and the final progression order is amended as follows:
1)

The Pretrial Conference is set before the undersigned magistrate judge on
November 30, 2020, at 10:00 a.m., and will be conducted in chambers. 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 November 23, 2020.

2)

A telephonic conference to discuss the status of case progression and the parties’
interest in settlement will be held with the undersigned magistrate judge on July
31, 2020, at 11:30 a.m. by telephone. Counsel shall use the conferencing
instructions assigned to this case to participate in the conference.

3)

A telephonic conference to discuss trial dates and settlement status will be held with
the undersigned magistrate judge on October 30, 2020, at 10:00 a.m. by telephone.
Counsel shall use the conferencing instructions assigned to this case to participate
in the conference.

4)

The deadline for moving to amend pleadings or add parties is January 15, 2020.

5)

The deadline for completing written discovery under Rules 33, 34, and 36 of the
Federal Rules of Civil Procedure is September 1, 2020. Motions to compel
discovery under Rules 33, 34, and 36 must be filed by September 15, 2020.
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 plaintiffs:
For the defendants:

7)

January 15, 2020
April 17, 2020

The deadlines to 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 plaintiffs:
For the defendants:
Plaintiffs’ rebuttal:

April 1, 2020
July 1, 2020
July 31, 2020

8)

The deposition deadline is September 1, 2020.

9)

The deadline for filing motions to dismiss and motions for summary judgment is
September 1, 2020.

10)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is September 1, 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. Such requests will not be considered absent a
showing of due diligence in the timely progression of this case and the recent

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

development of circumstances, unanticipated prior to the filing of the motion,
which require that additional time be allowed.
Dated this 7th day of October, 2019.

BY THE COURT:
s./ Michael D. Nelson
United States Magistrate Judge