Milford Real Estate Group, LLC v. Colburn et al

Filing 65

THIRD AMENDED FINAL PROGRESSION ORDER 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 wi ll be held with the undersigned magistrate judge by telephone on February 8, 2024 at 1:00 p.m. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. (Filing No. 27 .) Ordered by Magistrate Judge Susan M. Bazis. (LRM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MILFORD REAL ESTATE GROUP, LLC, a
Nebraska Limited Liability Company;
8:21CV412
Plaintiff,
vs.
MARJORIE COLBURN, an Individual;
NICOLE HEADEN, an Individual; and
JASMIN JENSEN, an Individual;

THIRD AMENDED
FINAL PROGRESSION ORDER

Defendants and
Counterclaim Plaintiffs,
KARIE L. MILFORD,
Counterclaim Defendant.
THIS MATTER is before the Court on the parties’ Joint Motion to Amend Progression.
(Filing No. 64.) 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:
IT IS ORDERED that the final progression order is 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 by
telephone on February 8, 2024 at 1:00 p.m. Counsel shall use the conferencing
instructions assigned to this case to participate in the conference. (Filing No. 27.)

2)

The deadline for completing written discovery under Rules 33, 34, 36 and 45 of the
Federal Rules of Civil Procedure is January 15, 2024. Motions to compel written
discovery under Rules 33, 34, 36 and 45 must be filed by February 15, 2024.
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 non-retained experts, (Fed. R.
Civ. P. 26(a)(2)(C)); as well as the deadlines for complete expert disclosures 1 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:
a. Defendants and Counterclaim Plaintiffs Colburn, Headen, and Jensen will
disclose all of their expert witnesses on any of their defenses or counterclaims
in this lawsuit, including the materials and information required by Rule
26(a)(2), by February 15, 2024.
b. MREG will disclose its rebuttal expert witnesses with regard to its Complaint
and Milford and MREG will disclose the identity of their expert witnesses with
regard to the counterclaims, including the materials and information listed in
Rule 26(a)(2), by March 15, 2024.
c. Counterclaim Plaintiffs Colburn, Headen, and Jensen will disclose their rebuttal
expert witness on their counterclaims by April 5, 2024.

4)

The deposition deadline, including but not limited to depositions for oral testimony
only under Rule 45, is January 15, 2024.
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) except as follows:
Rule 30(b)(6) deposition count as one deposition, regardless of the number of
deponents who are designated to testify during such Rule 30(b)(6) deposition. The
parties will meet and confer prior to the 30(b)(6) depositions in order to determine
the number of hours for deposition. If the parties are unable to agree, they shall

5)

The deadline for filing motions to dismiss and motions for summary judgment is
February 15, 2024.

6)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is April 30, 2024.

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.

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)

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 14th day of November, 2023.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge