Leinen v. Menard, Inc.

Filing 20

AMENDED CASE PROGRESSION ORDER - The planning conference set for April 2, 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' in terest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on August 27, 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. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DOUGLAS M. LEINEN,
Plaintiff,
vs.

8:24CV171
AMENDED
CASE PROGRESSION ORDER

MENARD, INC., a foreign corporation;
Defendant.
This matter comes before the Court on the parties’ Joint Stipulation on Proposed Amended
Progression Order Deadlines (Filing No. 19). After review of the parties’ motion, the Court finds
good cause to grant the requested extensions. Accordingly,
IT IS ORDERED that the Joint Stipulation on Proposed Amended Progression Order
Deadlines (Filing No. 19) is granted, and the case progression order is amended as follows:
1)

The deadline for moving to amend pleadings or add parties is January 29, 2025.

2)

The deadline for completing written discovery under Rules 33, 34, 36, and 45 of
the Federal Rules of Civil Procedure is May 29, 2025. Motions to compel written
discovery under Rules 33, 34, 36, and 45 must be filed by June 12, 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 undersigned magistrate judge
on or before the motion to compel deadline to set a conference to discuss the
parties’ dispute, and after being granted leave to do so by the Court.

3)

The deadlines for identifying expert witnesses and 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:
Plaintiffs’ rebuttal:

4)

May 29, 2025
July 26, 2025
August 18, 2025

The planning conference set for April 2, 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 August 27, 2025, at 10:00 a.m. by telephone. Counsel shall use the
conferencing instructions assigned to this case to participate in the conference .

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 trea tment 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 deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is September 2, 2025. The maximum number of
depositions that may be taken by the plaintiffs as a group and the defendants as a
group is five (5).

6)

The deadline for filing motions to dismiss and motions for summary judgment is
September 2, 2025.

7)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is September 2, 2025.

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