Ellis Goodman v. Ohio Security Insurance Company

Filing 34

AMENDED FINAL PROGRESSION ORDER- The defendant's Motion to Extend is granted 31 . Deposition Deadline May 22, 2022. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)

8:21-cv-00084-RFR-CRZ Doc # 34 Filed: 01/10/22 Page 1 of 2 - Page ID # 78

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ELLIS GOODMAN,
Plaintiff,

8:21CV84

vs.
OHIO SECURITY INSURANCE COMPANY,

FINAL PROGRESSION ORDER
(AMENDED)

Defendant.

Defendant filed a motion to extend certain progression deadlines. Plaintiff was
given until January 7, 2022 to respond to Defendants’ motion or it would be deemed
unopposed. (See Filing No. 32). As of the date of this order, Plaintiff has not filed a
response.
Accordingly,
IT IS ORDERED that Defendant’s motion to extend is granted. (Filing No. 31). The
deadlines that were unexpired at the time of Defendant’s motion are amended as
follows:
1)

The deadline for completing written discovery under Rules 33, 34, 36 and
45 of the Federal Rules of Civil Procedure is March 8, 2022. Motions to
compel written discovery under Rules 33, 34, 36, and 45 must be filed by
March 22, 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.

2)

3)

1

The deadline 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)), is April 4, 2022.
The deadline for complete expert disclosures 1 for all experts expected to

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

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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 April 22, 2022.
4)

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is May 31, 2022.

5)

The deadline for filing motions to dismiss and motions for summary
judgment is June 21, 2022.

6)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is June 14, 2022.

7)

Motions in limine shall be filed seven days before the pretrial conference. It
is not the normal practice to hold hearings on motions in limine or to rule on
them prior to the first day of trial. Counsel should plan accordingly.

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, 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 10th day of January, 2022.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

within that expert’s treatment records and reports must be separately and timely
disclosed.