Straightline Design, Inc. v. Olsen Enterprises, Inc.

Filing 64

SECOND AMENDEDFINAL PROGRESSION ORDER- The Plaintiffs' Unopposed Motion to Amend Progression 63 is granted. The trial and pretrial conference will not be set at this time. The status conference to discuss case progression, the parties 9; interest in settlement, and the trial and pretrial conference settings remains as scheduled and will be held with the undersigned magistrate judge by telephone on April 30, 2024 at 3:45 p.m. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. (Filing No. 48 .) Deposition deadline is May 1, 2024. Ordered by Magistrate Judge Susan M. Bazis. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STRAIGHTLINE DESIGN, INC.,
Plaintiff,

8:23CV204

vs.
OLSEN ENTERPRISES, INC., HART &
OLSEN PROPERTY GROUP, INC.,
BRIDGET OLSEN, RYAN OLSEN, JS2
SOLUTIONS, INC., and JEFF SEAMAN,

SECOND AMENDED
FINAL PROGRESSION ORDER

Defendants.
THIS MATTER is before the Court on Plaintiffs’ Unopposed Motion to Amend
Progression. (Filing No. 63) 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
to discuss case progression, the parties’ interest in settlement, and the trial
and pretrial conference settings remains as scheduled and will be held with the
undersigned magistrate judge by telephone on April 30, 2024 at 3:45 p.m.
Counsel shall use the conferencing instructions assigned to this case to participate
in the conference. (Filing No. 48.)

2)

The deadlines for moving to amend pleadings or add parties are:
For the plaintiff(s):

3)

December 15, 2023

The deadline for completing written discovery under Rules 33, 34, 36 and 45 of
the Federal Rules of Civil Procedure is February 2, 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.

4)

The deadlines for identifying expert witnesses expected to testify at the trial and
for complete expert disclosures1 for all experts expected to testify at trial, (both

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.

retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R.
Civ. P. 26(a)(2)(C)), are as follows:
a. Experts opining on an issue on which a party bears the burden of proof
(e.g., elements of plaintiff / cross-plaintiff’s claims, a defendant or cross
defendant’s affirmative defenses, expenses / deductions / allocations
asserted by a defendant pursuant to 17 U.S.C. § 504(b)) will be identified
and, for experts subject to Rule 26(a)(2)(B), expert reports served, by
January 31, 2024.
b. Experts opining on an issue on which a party does not bear the burden of
proof, or that are otherwise in response to expert opinions disclosed under
(a) above, will be identified and, for experts subject to Rule 26(a)(2)(B),
expert reports served, by February 29, 2024.
c. Rebuttal experts (i.e., those opining in response to expert opinions
disclosed under (b) above), will be identified and, for experts subject to
Rule 26(a)(2)(B), expert reports served, by March 29, 2024.
5)

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is May 1, 2024.
a. The maximum number of depositions that may be taken by the plaintiffs
as a group and the defendants as a group is 6.
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 31, 2024.

7)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is May 17, 2024.

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 15th day of November, 2023.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge