McClain v. Menard, Inc.

Filing 43

AMENDED CASE PROGRESSION ORDER - The planning conference scheduled for August 26, 2022, is cancelled. The trial and pretrial conference will not be set at this time. A planning conference to discuss case progression, dispositive motions, the p arties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on December 2, 2022, at 11:00 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)

8:21-cv-00268-JFB-MDN Doc # 43 Filed: 08/02/22 Page 1 of 2 - Page ID # 207

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CARL MCCLAIN,
Plaintiff,

8:21CV268

vs.
MENARD, INC., d/b/a MENARDS,

AMENDED
CASE PROGRESSION ORDER

Defendant/Third-Party Plaintiff,
vs.
TAG Express, Inc.,
Third-Party Defendant.

This matter comes before the Court on the Stipulated Motion to Modify Case Progression
Order (Filing No. 42). After review of the parties’ motion, the Court finds good cause to grant
the requested extensions. Accordingly,
IT IS ORDERED that the Stipulated Motion to Modify Case Progression Order (Filing
No. 42) is granted, and the case progression order is 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 September 9, 2022. Motions to compel
written discovery under Rules 33, 34, 36, and 45 must be filed by September
23, 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 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.

2)

The deadlines for identifying expert witnesses and completing 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:
For the defendants:
Plaintiff’s rebuttal:

September 2, 2022
November 4, 2022
November 23, 2022

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

8:21-cv-00268-JFB-MDN Doc # 43 Filed: 08/02/22 Page 2 of 2 - Page ID # 208

3)

The planning conference scheduled for August 26, 2022, 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 December 2, 2022, at 11:00 a.m. by telephone. Counsel
shall use the conferencing instructions assigned to this case to participate in the
conference.

4)

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is December 23, 2022. Depositions necessary to
lay foundation for a document or exhibit at trial shall be completed no later than
two (2) weeks before trial.

5)

The maximum number of depositions that may be taken by the plaintiffs as a
group and the defendants as a group is three (3), not including expert witnesses
and witnesses needed to lay foundation for documents and records.

6)

The deadline for filing motions to dismiss and motions for summary judgment
is January 6, 2023.

7)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is January 6, 2023.

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 2nd day of August, 2022.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge