Eddy v. Bellevue Berry Farms, Inc. et al

Filing 52

FOURTH AMENDED CASE PROGRESSION ORDER - The status conference scheduled for June 19, 2020, is cancelled. The trial and pretrial conference will not be set at this time. A status conference to discuss case progression, dispositive motions, the parties ' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on July 31, 2020, at 9:00 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)

8:18-cv-00221-MDN Doc # 52 Filed: 06/05/20 Page 1 of 2 - Page ID # 195

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SANDRA L. EDDY,
Plaintiff,
vs.

8:18CV221
FOURTH AMENDED
CASE PROGRESSION ORDER

BELLEVUE BERRY FARMS, INC.,
EDWARD A. SCHAEFER A TRUSTEE
LIVING TRUST, and DOES 1-5,
Defendants.
This matter comes before the Court on the defendant’s Motion to Extend Deadlines
(Filing No. 51). After review of the motion, the Court finds good cause to grant the requested
extensions. Accordingly,
IT IS ORDERED that the Motion to Extend Deadlines (Filing No. 51) is granted, and
the third amended final progression order is amended as follows:
1)

The status conference scheduled for June 19, 2020, is cancelled. The trial and
pretrial conference will not be set at this time. A status conference to discuss
case progression, dispositive motions, the parties’ interest in settlement, and the
trial and pretrial conference settings will be held with the undersigned
magistrate judge on July 31, 2020, at 9:00 a.m. by telephone. Counsel shall use
the conferencing instructions assigned to this case to participate in the
conference.

2)

The deposition deadline remains July 31, 2020.

3)

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 defendants:
Plaintiff’s rebuttal:

July 31, 2020
August 14, 2020

4)

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

5)

The deadline for filing motions to exclude testimony on Daubert and related
grounds remains September 1, 2020.

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

8:18-cv-00221-MDN Doc # 52 Filed: 06/05/20 Page 2 of 2 - Page ID # 196

6)

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.

7)

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 5th day of June, 2020.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge