Schmit et al v. State Farm Fire and Casualty Company

Filing 23

FINAL PROGRESSION ORDER (AMENDED)- The parties' Joint 22 Motion to Extend certain case progression deadlines is granted. The trial and pretrial conference will not be set at this time. The status conference set for October 18, 2022 at 9:00 a.m. will go forward as scheduled. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Deposition deadline is March 1, 2023. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DANIEL SCHMIT, A Married Couple; and
LINDSEY SCHMIT, A Married Couple;
8:21CV289
Plaintiffs,
vs.

FINAL PROGRESSION ORDER
(AMENDED)

STATE FARM FIRE AND CASUALTY
COMPANY,
Defendant.

IT IS ORDERED that the parties’ joint motion to extend certain case
progression deadlines is granted. (Filing No. 22). The final progression order
is amended as follows:
1)

The trial and pretrial conference will not be set at this time. The status
conference set for October 18, 2022 at 9:00 a.m. will go forward as
scheduled. Counsel shall use the conferencing instructions assigned
to this case to participate in the conference.

2)

The deadline for completing written discovery under Rules 33, 34, 36
and 45 of the Federal Rules of Civil Procedure is October 25, 2022.
Motions to compel written discovery under Rules 33, 34, 36, and 45
must be filed by November 8, 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.

3)

The deadlines for identifying expert witnesses expected to testify at
the trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and nonretained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:
For the plaintiff(s):
For the defendant(s):

September 1, 2022.
November 1, 2022.

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4)

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 plaintiff(s):
For the defendant(s):
Plaintiff(s)’ rebuttal:

5)

November 1, 2022.
January 6, 2023.
February 6, 2023.

The deposition deadline, including but not limited to depositions for
oral testimony only under Rule 45, is March 1, 2023.
a. The maximum number of depositions that may be taken by the
plaintiffs as a group and the defendants as a group is 4.
b. Depositions will be limited by Rule 30(d)(1).

6)

The deadline for filing motions to dismiss and motions for summary
judgment is April 7, 2023.

7)

The deadline for filing motions to exclude testimony on Daubert and
related grounds is April 7, 2023.

8)

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.

9)

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.

10)

Deadlines and hearings not specifically amended by this order are

1

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.

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unchanged.
11)

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 1st day of August, 2022.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge