IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

STRAIGHTLINE DESIGN, INC.,

Plaintiff, 

vs. 

OLSEN ENTERPRISES, INC., HART & 

OLSEN PROPERTY GROUP, INC., 

BRIDGET OLSEN, RYAN OLSEN, JS2 

SOLUTIONS, INC., and JEFF SEAMAN,

Defendants.

8:23CV204

SECOND AMENDED

FINAL PROGRESSION ORDER

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): December 15, 2023

3) 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 disclosures1for 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.

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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

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