IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

MARVEL MEDICAL STAFFING LLC,

Plaintiff, 

vs. 

CLEAR CHOICE RESOURCES, LLC, 

ADELA DUNLAP, BENJAMIN DUNLAP, 

AARON HOWLAND, MELINDA MEYER, 

and TIMOTHY QUASS,

Defendants.

8:23CV174

AMENDED

CASE PROGRESSION ORDER

This matter comes before the Court on the parties’ Joint Stipulation for Order Extending 

Deadlines (Filing No. 70). After review of the parties’ motion, the Court finds good cause to grant 

the requested extensions. Accordingly,

IT IS ORDERED that the Joint Stipulation for Order Extending Deadlines (Filing No. 70)

is granted, and the case progression order is amended as follows:

1) Motions to compel written discovery under Rules 33, 34, 36, and 45 must be filed 

by October 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 

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.

2) Experts: 

a. The deadline for completing 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)), is extended to October 31, 

2024.

b. The deadline for filing motions to exclude testimony on Daubert and related 

grounds is extended to November 29, 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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3) The planning conference scheduled for October 2, 2024, 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 December 11, 2024, at 11:00 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 extended to December 16, 2024.

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

extended to February 10, 2025. 

6) 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. 

7) 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 July, 2024.

BY THE COURT:

s/Michael D. Nelson 

United States Magistrate Judge 

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