Porter v. Estes Express Lines Corporation et al

Filing 26

AMENDED FINAL PROGRESSION ORDER - The trial and pretrial conference will not be set at this time. The status conference presently scheduled for September 9, 2021 at 3:00 p.m. is canceled. A status conference to discuss case progression, the pa rties' interest in settlement and pretrial conference and trial settings will be held with the undersigned magistrate judge by telephone on February 10, 2022 at 2:00 p.m. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. (Filing No. 25 ) Ordered by Magistrate Judge Susan M. Bazis. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PATTI PORTER,
Plaintiff,

8:20CV381

vs.
ESTES EXPRESS LINES CORPORATION,
and KENT HARRYMAN,

AMENDED FINAL
PROGRESSION ORDER

Defendants.

THIS MATTER is before the Court on the parties’ Joint Motion to Extend Dates in
Scheduling Order. (Filing No. 24.) The motion is granted. Accordingly,
IT IS ORDERED that the provisions of the Court’s previous final progression order
remain in effect, and in addition to those provisions, case progression shall be amended as
follows:
1)

The trial and pretrial conference will not be set at this time. The status conference
presently scheduled for September 9, 2021 at 3:00 p.m. is canceled. A status
conference to discuss case progression, the parties’ interest in settlement and
pretrial conference and trial settings will be held with the undersigned
magistrate judge by telephone on February 10, 2022 at 2:00 p.m. Counsel shall
use the conferencing instructions assigned to this case to participate in the
conference. (Filing No. 25)

2)

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 defendant(s):

3)

October 19, 2021

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 defendant(s):

October 19, 2021

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

4)

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is February 1, 2022.
a. The maximum number of depositions that may be taken by the plaintiffs
as a group and the defendants as a group is 10.
b. Depositions will be limited by Rule 30(d)(1).

5)

The deadline for filing motions to dismiss and motions for summary judgment is:
The parties do not anticipate filing motions to dismiss, for judgment on the
pleadings, or for summary judgment as to any claims and/or defenses.

6)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is December 14, 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 4th day of June, 2021.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge