Holland Enterprises, Inc. v. Love's Travel Stops & Country Stores, Inc., et al

Filing 59

AMENDED FINAL PROGRESSION ORDER granting 58 the parties' Joint Motion to Extend Case Progression Deadlines 58 . Status Conference set for 6/7/2023 at 01:00 PM by Telephone before Magistrate Judge Susan M. Bazis. Deposition deadline July 3, 2023. Ordered by Magistrate Judge Susan M. Bazis. (MKR)

8:22-cv-00059-JFB-SMB Doc # 59 Filed: 11/21/22 Page 1 of 2 - Page ID # 167

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HOLLAND ENTERPRISES, INC., a North Dakota
corporation; and HOLLAND ENTERPRISES,
LLC,

8:22CV59

Plaintiffs,
AMENDED
FINAL PROGRESSION ORDER

vs.
LOVE'S TRAVEL STOPS & COUNTRY
STORES, INC., an Oklahoma Corporation;
LOVE'S TRAVEL STOP, STORE #730,
MICHAEL HILTON, an individual; and
MIDWEST SPECIALIZED TRANSPORTATION,
INC., a Minnesota Corporation;
Defendants.

THIS MATTER is before the Court on the parties’ Joint Motion to Extend Case
Progression Deadlines. (Filing No. 58.) 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, progression shall be amended as follows:
1)

The trial and pretrial conference will not be set at this time. The status conference
presently scheduled for March 9, 2023 is canceled. 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 June 27, 2023 at 1:00 p.m. Counsel shall use the conferencing
instructions assigned to this case to participate in the conference. (Filing No. 26.)

2)

The deadline for completing written discovery under Rules 33, 34, 36 and 45 of
the Federal Rules of Civil Procedure is February 1, 2023. Motions to compel
written discovery under Rules 33, 34, 36 and 45 must be filed by March 1, 2023.
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)), are:
For the plaintiff(s):
For the defendant(s):
Rebuttal:

March 15, 2023
April 14, 2023
May 1, 2023

8:22-cv-00059-JFB-SMB Doc # 59 Filed: 11/21/22 Page 2 of 2 - Page ID # 168

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):
Rebuttal:

5)

March 15, 2023
April 14, 2023
May 1, 2023

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is July 3, 2023.
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).

6)

The deadline for filing motions to dismiss and motions for summary judgment is
August 1, 2023.

7)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is July 3, 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 18th day of November, 2022.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge

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.