Nienhuser v. Regional West Health Services et al

Filing 24

AMENDED FINAL PROGRESSION ORDER - The deposition deadline, including but not limited to depositions for oral testimony only under Rule 45, is March 31, 2023. The trial and pretrial conference will not be set at this time. The status conference prese ntly scheduled for March 7, 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 May 2, 2023 at 3:45 p.m. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. (Filing No. 7 .) Ordered by Magistrate Judge Susan M. Bazis. (LKO)

8:22-cv-00125-RFR-SMB Doc # 24 Filed: 01/19/23 Page 1 of 2 - Page ID # 115

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANGELYN NIENHUSER,
Plaintiff,

8:22CV125

vs.
REGIONAL WEST HEALTH SERVICES, a
Nebraska Non-Profit Corporation; and
REGIONAL WEST MEDICAL CENTER, a
Nebraska Non-Profit Corporation;

AMENDED
FINAL PROGRESSION ORDER

Defendants.

THIS MATTER is before the Court on the parties’ Stipulated Motion to Amend
Final Progression Order. (Filing No. 23.) 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:
1)

The trial and pretrial conference will not be set at this time. The status conference
presently scheduled for March 7, 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 May 2, 2023 at 3:45 p.m. Counsel shall use the conferencing
instructions assigned to this case to participate in the conference. (Filing No. 7.)

2)

The deadline for completing written discovery under Rules 33, 34, 36 and 45 of the
Federal Rules of Civil Procedure is February 3, 2023. Motions to compel written
discovery under Rules 33, 34, 36 and 45 must be filed by February 17, 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:
The parties do not anticipate calling experts to testify at trial.

8:22-cv-00125-RFR-SMB Doc # 24 Filed: 01/19/23 Page 2 of 2 - Page ID # 116

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:
The parties do not anticipate calling experts to testify at trial.

5)

The deposition deadline, including but not limited to depositions for oral testimony
only under Rule 45, is March 31, 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
May 30, 2023.

7)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is: The parties do not anticipate calling experts to testify at trial.

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 19th day of January, 2023.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge

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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