Rosener v. Menard, Inc.

Filing 33

FINAL PROGRESSION ORDER (AMENDED) - The trial and pretrial conference will not be set at this time. A status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on August 9, 2022 at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)

8:21-cv-00341-BCB-CRZ Doc # 33 Filed: 05/06/22 Page 1 of 2 - Page ID # 87

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

KENNETH ROSENER, and DIANE
ROSENER,
8:21CV341
Plaintiffs,

vs.

FINAL PROGRESSION ORDER
(AMENDED)

MENARD, INC.,

Defendant.

After conferring with the parties,
IT IS ORDERED that the Plaintiffs’ Motion to Extend Case Progression Deadlines
is granted. (Filing No. 30). The progression schedule is amended as follows:
1)

The trial and pretrial conference will not be set at this time. A status
conference to discuss case progression, the parties’ interest in settlement,
and the trial and pretrial conference settings will be held with the
undersigned magistrate judge on August 9, 2022 at 10:00 a.m. by
telephone. 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 July 5, 2022. Motions to compel
written discovery under Rules 33, 34, 36, and 45 must be filed by July 29,
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 deposition deadline, including but not limited to depositions for oral

8:21-cv-00341-BCB-CRZ Doc # 33 Filed: 05/06/22 Page 2 of 2 - Page ID # 88

testimony only under Rule 45, is August 5, 2022.
4)

The deadline for filing motions to dismiss and motions for summary
judgment is September 5, 2022.

5)

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.

6)

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.

7)

Deadlines not explicitly amended by this order are unchanged. 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 6th day of May, 2022.

BY THE COURT:

s/ Cheryl R. Zwart
United States Magistrate Judge