HCI Distribution, Inc. et al v. Peterson et al
Filing
108
SECOND AMENDED FINAL PROGRESSION ORDER - THIS MATTER is before the Court on the parties' Motion for Extension of Deadline to Complete Written Discovery, To Compel, For Depositions and for Filing Motions for Summary Judgment. The motion will be g ranted, in part. Depositions due August 29, 2022. The trial and pretrial conference will not be set at this time. A status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings remains as scheduled before the undersigned magistrate judge by telephone on May 17, 2022 at 2:00 p.m. Ordered by Magistrate Judge Susan M. Bazis. (TCL)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HCI DISTRIBUTION, INC., and ROCK
RIVER MANUFACTURING, INC.,
8:18CV173
Plaintiffs,
vs.
SECOND AMENDED
FINAL PROGRESSION ORDER
DOUGLAS J. PETERSON, Nebraska Attorney
General; and TONY FULTON, Nebraska Tax
Commissioner;
Defendants.
THIS MATTER is before the Court on the parties’ Motion for Extension of Deadline to
Complete Written Discovery, To Compel, For Depositions and for Filing Motions for Summary
Judgment. The motion will be granted, in part, as set forth below. Accordingly,
IT IS ORDERED that the provisions of the Court’s previous final progression orders
will remain in effect, and in addition to those provisions, progression shall be amended as
follows:
1)
The trial and pretrial conference will not be set at this time. A status conference
to discuss case progression, the parties’ interest in settlement, and the trial
and pretrial conference settings remains as scheduled before the undersigned
magistrate judge by telephone on May 17, 2022 at 2:00 p.m. Counsel shall use
the conferencing instructions assigned to this case to participate in the conference.
(Filing No. 38.)
2)
The deadline for completing written discovery under Rules 33, 34, 36 and 45 of
the Federal Rules of Civil Procedure is April 15, 2022. Motions to compel written
discovery under Rules 33, 34, 36 and 45 must be filed by April 29, 2022.
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 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):
Rebuttal:
January 31, 2022
March 1, 2022
March 15, 2022
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 plaintiff(s):
For the defendant(s):
Rebuttal:
5)
March 1, 2022
March 31, 2022
April 14, 2022
The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is August 29, 2022.
a. The maximum number of depositions that may be taken by the plaintiffs
as a group and the defendants as a group is 20.
b. Depositions will be limited by Rule 30(d)(1).
6)
The deadline for filing motions to dismiss and motions for summary judgment is
June 13, 2022.
7)
The deadline for filing motions to exclude testimony on Daubert and related
grounds is June 13, 2022.
8)
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.
9)
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 development of circumstances, unanticipated prior to the filing of the
motion, which require that additional time be allowed.
Dated this 4th day of April, 2022.
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.
1
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