Wulf et al v. Thor Motor Coach, Inc. et al

Filing 107

THIRD AMENDED FINAL PROGRESSION ORDER - The parties are ordered to attempt a second mediation, either privately or by settlement conference with the court, on or before June 6, 2025. The deposition deadline, including but not limited to deposition s for oral testimony only under Rule 45, is June 25, 2025. The parties shall comply with all other stipulations and agreements recited in their Rule 26(f) planning report and previous final progression orders that are not inconsistent with this order. Ordered by Magistrate Judge Ryan C. Carson. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT WULF, husband and wife; SANDRA
WULF, husband and wife; and GRINNELL
MUTUAL REINSURANCE COMPANY,
8:23CV347
Plaintiffs,
THIRD AMENDED FINAL
PROGRESSION ORDER

vs.

THOR MOTOR COACH, INC., THOR
INDUSTRIES, INC., BISH'S RV - LINCOLN,
BRV, LLC, BISH'S RV, INC., BRV OMAHA,
LLC, BISH'S RV OF OMAHA, BISH'S RV
HOLDINGS, LLC, BISH'S HOLDINGS, LLC,
BISH'S RV, LLC, BISH'S RV OF JUNCTION
CITY, BRV EUGENE, LLC, BISH'S RV OF
LINCOLN, BRV OREGON, LLC, BRV
NEBRASKA, LLC, and BRV LINCOLN, LLC,

Defendants.

Following discussion with parties, the Third Joint Motion for Continuance of
Progression Deadlines (Filing No. 105) is granted in part. IT IS ORDERED that the final
progression order is amended as follows:
1)

The parties are ordered to attempt a second mediation, either privately or by
settlement conference with the court, on or before June 6, 2025.

2)

The deadlines for complete expert disclosures1 for all experts expected to

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.

testify at trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and nonretained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:
For the plaintiff(s):
For the defendant(s):
Plaintiff(s)’ rebuttal:

April 18, 2025.
May 19, 2025.
June 2, 2025.

3)

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is June 25, 2025.

4)

The deadline for filing motions to dismiss and motions for summary
judgment is June 25, 2025.

5)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is June 25, 2025.

6)

Motions in limine shall be filed twenty-eight days before trial. 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.

7)

The parties shall comply with all other stipulations and agreements recited in
their Rule 26(f) planning report and previous final progression orders that are
not inconsistent with this order.

8)

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 7th day of March, 2025.
BY THE COURT:
s/ Ryan C. Carson
United States Magistrate Judge