IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

CLAUDIA REYNA, and MARIA MORALES 

DE GARCIA,

Plaintiffs, 

vs. 

SHELTER MUTUAL INSURANCE 

COMPANY,

Defendant.

4:23CV3080

FINAL PROGRESSION ORDER

(AMENDED)

IT IS ORDERED that the parties’ joint motion to extend progression order 

deadlines is granted. Filing No. 22. The unexpired deadlines in the amended final 

progression order (Filing No. 18) are amended as follows: 

1) The trial and pretrial conference will not be set at this time. A status 

conference currently set for June 25, 2024, (Filing No. 21), to discuss case 

progression, the parties’ interest in settlement, and the trial and pretrial 

conference settings is continued and will be held with the undersigned 

magistrate judge on July 30, 2024 at 9:00 a.m. by telephone. Counsel shall 

use the conferencing instructions assigned to this case to participate in the 

conference.

2) 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(s): May 13, 2024.

Plaintiff(s)’ rebuttal: June 10, 2024.

3) The deadlines for complete expert disclosures1for 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): May 13, 2024.

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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For the defendant(s): June 13, 2024.

Plaintiff(s)’ rebuttal: July 1, 2024.

4) The deposition deadline, including but not limited to depositions for oral 

testimony only under Rule 45, is July 25, 2024.

5) The deadline for filing motions to dismiss and motions for summary 

judgment is August 26, 2024. 

6) The deadline for filing motions to exclude testimony on Daubert and related 

grounds is September 3, 2024.

7) Motions in limine shall be filed seven days before the pretrial conference. 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.

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, 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 26th day of March, 2024.

BY THE COURT:

s/ Jacqueline M. DeLuca

United States Magistrate Judge

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