Peterson v. State Farm Mutual Automobile Insurance Co.

Filing 36

SECOND AMENDED CASE PROGRESSION ORDER The Joint Motion to Modify Case Progression Order (Filing No. 33 ) is granted. The planning conference set for April 9, 2025, is cancelled. The trial and pretrial conference will not be set at this time. A pl anning conference to discuss case progression, dispositive motions, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on June 11, 2025, at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Michael D. Nelson. (LRM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ALEXIS E. PETERSON,
Plaintiff,
vs.

8:24CV98
SECOND AMENDED
CASE PROGRESSION ORDER

STATE FARM MUTUAL AUTOMOBILE
INSURANCE CO.,
Defendant.
This matter comes before the Court on the parties’ Joint Motion to Modify Case
Progression Order (Filing No. 33). After review of the parties’ motion, the Court finds good cause
to grant the requested extensions. Accordingly,
IT IS ORDERED that the Joint Motion to Modify Case Progression Order (Filing No. 33)
is granted, and the amended case progression order is amended as follows:
1)

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 defendant:
For rebuttal:

2)

March 31, 2025
April 14, 2025

The deadlines for completing 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:
For the defendant:
For rebuttal:

March 31, 2025
May 2, 2025
May 16, 2025

3)

The planning conference set for April 9, 2025, is cancelled. The trial and pretrial
conference will not be set at this time. A planning conference to discuss case
progression, dispositive motions, the parties’ interest in settlement, and the trial
and pretrial conference settings will be held with the undersigned magistrate
judge on June 11, 2025, at 10:00 a.m. by telephone. Counsel shall use the
conferencing instructions assigned to this case to participate in the conference.

4)

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is June 13, 2025.

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

5)

The deadline for filing motions to dismiss and motions for summary judgment is
July 7, 2025.

6)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is July 7, 2025.

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.

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 28th day of January, 2025.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge