Engdahl v. Menard, Inc.

Filing 25

AMENDED FINAL PROGRESSION ORDER This matter is before the Court on the parties' Joint Motion to Amend Progression. (Filing No. 24 .) The motion is granted. The trial and pretrial conference will not be set at this time. The status conference p resently scheduled for March 28, 2025, 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 assigned magistrate judge on April 28, 2025 at 10:00 a.m. by telephone. Counsel shall use the most updated conferencing instructions assigned to this case to participate in the conference. Ordered by Appointed Special Master. (LRM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARY KAY ENGDAHL,
Plaintiff,

8:24CV115

vs.
AMENDED
FINAL PROGRESSION ORDER

MENARD, INC.,
Defendant.

THIS MATTER is before the Court on the parties’ Joint Motion to Amend
Progression. (Filing No. 24.) 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 28, 2025, 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 assigned magistrate judge on April 28, 2025 at 10:00 a.m. by
telephone. Counsel shall use the most updated conferencing instructions
assigned to this case to participate in the conference.

2)

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

3)

October 9, 2024

The deadline for completing written discovery under Rules 33, 34, 36 and
45 of the Federal Rules of Civil Procedure is January 20, 2025. Motions to
compel written discovery under Rules 33, 34, 36 and 45 must be filed by
February 3, 2025.
Note: A motion to compel, to quash, or for a disputed protective order shall
not be filed without first contacting the chambers of the appointed special
master or assigned magistrate judge to set a conference for discussing the
parties’ dispute.

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4)

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

5)

September 20, 2024
December 18, 2024
February 7, 2025

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 nonretained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:
For the plaintiff(s):
For the defendant(s):
Rebuttal

6)

October 4, 2024
January 10, 2025
February 21, 2025

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is March 26, 2025.
a. The maximum number of depositions that may be taken by the
plaintiffs as a group and the defendants as a group is 5.
b. Depositions will be limited by Rule 30(d)(1).

7)

The deadline for filing motions to dismiss and motions for summary
judgment is May 30, 2025.

8)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is May 19, 2025.

9)

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.

10)

All requests for changes of deadlines or settings established herein shall be
directed to the appointed special master or assigned 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

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.

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circumstances, unanticipated prior to the filing of the motion, which require
that additional time be allowed.
Dated this 29th day of August, 2024.
SIGNED:
s/ Kate O. Rahel
Appointed Special Master

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