Flanagin v. C.J. Foods, Inc.

Filing 21

AMENDED CASE PROGRESSION ORDER - The deposition deadline, including but not limited to depositions for oral testimony only under Rule 45, is May 28, 2021. The planning conference scheduled for April 2, 2021 is cancelled. The trial and pretrial conference will not be set at this time. A planning 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 May 28, 2021, at 11:30 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)

8:20-cv-00187-JFB-MDN Doc # 21 Filed: 02/17/21 Page 1 of 2 - Page ID # 63

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LAURIE FLANAGIN,
Plaintiff,
vs.

8:20CV187
AMENDED
CASE PROGRESSION ORDER

C.J. FOODS, INC.,
Defendant.
This matter comes before the Court on the parties’ Joint Motion to Extend Case
Deadlines (Filing No. 20). After review of the parties’ motion, the Court finds good cause to
grant the requested extensions. Accordingly,
IT IS ORDERED that the Joint Motion to Extend Case Deadlines (Filing No. 20) is
granted, and the case progression order is amended as follows:
1)

The deadline for completing rebuttal 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)), remains March 15, 2021.

2)

The deadline for completing written discovery under Rules 33, 34, 36, and 45 of
the Federal Rules of Civil Procedure is April 16, 2021. Motions to compel
written discovery under Rules 33, 34, 36, and 45 must be filed by April 30,
2021.
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 on or before the motion to compel deadline to set a conference to discuss
the parties’ dispute, and after being granted leave to do so by the Court.

3)

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is May 28, 2021.

4)

The planning conference scheduled for April 2, 2021 is cancelled. The trial and
pretrial conference will not be set at this time. A planning 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 May 28, 2021, at 11:30 a.m. by telephone. Counsel shall
use the conferencing instructions assigned to this case to participate in the
conference.

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

8:20-cv-00187-JFB-MDN Doc # 21 Filed: 02/17/21 Page 2 of 2 - Page ID # 64

5)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is June 18, 2021.

6)

The deadline for filing motions to dismiss and motions for summary judgment
is June 18, 2021.

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. 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 17th day of February, 2021.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge