Davis v. Ak-Sar-Ben Village, L.L.C.

Filing 78

AMENDED PROGRESSION ORDER - that Defendant's unopposed motion to amend the final progression order (Filing No. 77 ) is granted. The final progression order (Filing No. 56 ) is amended as follows: The current trial and pretrial settings in this case are to be vacated. A conference call will be held to discuss whether the case is likely to be resolved by settlement or by trial with the undersigned magistrate judge on January 7, 2020 at 11:00 a.m. by telephone. If by trial, potential trial dates will be discussed during the conference. In preparation for this conference, counsel must confer with their respective clients and any necessary witnesses regarding unavailable trial dates. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. The deposition deadline is February 7, 2020. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MELANIE DAVIS,
Plaintiff,

8:18CV101

vs.
AMENDED PROGRESSION ORDER
AK-SAR-BEN VILLAGE, L.L.C.,
Defendant.

IT IS ORDERED that Defendant’s unopposed motion to amend the final
progression order (Filing No. 77) is granted. The final progression order (Filing No. 56) is
amended as follows:
1)

The current trial and pretrial settings in this case are to be vacated. A
conference call will be held to discuss whether the case is likely to be
resolved by settlement or by trial with the undersigned magistrate judge on
January 7, 2020 at 11:00 a.m. by telephone. If by trial, potential trial dates
will be discussed during the conference. In preparation for this conference,
counsel must confer with their respective clients and any necessary
witnesses regarding unavailable trial dates. Counsel shall use the
conferencing instructions assigned to this case to participate in the
conference.

2)

The deadline for completing written discovery under Rules 33, 34, and 36
of the Federal Rules of Civil Procedure is December 17, 2019. Motions to
compel discovery under Rules 33, 34, and 36 must be filed by December
31, 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.

3)

The deadline for complete 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)), is: January 17, 2020.

4)

The deposition deadline is February 7, 2020.
a. The maximum number of depositions that may be taken by the
plaintiffs as a group and the defendants as a group is 5.
b. Depositions will be limited by Rule 30(d)(1).

5)

The deadline for filing motions to dismiss and motions for summary
judgment is February 28, 2020.

6)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is January 31, 2020.

7)

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.

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.

Dated this 22nd day of October, 2019.

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.