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 parties’ joint motion to extend is granted. (Filing No. 

17). The unexpired deadlines in the amended final progression order (Filing 

No. 16) are amended as follows:

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

conference set for February 6, 2024 to discuss case progression, the 

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

settings is continued and will be held with the assigned magistrate 

judge on February 27, 2024 at 10:30 a.m. by telephone. Counsel 

shall use the conferencing instructions assigned to this case to 

participate in the conference.

2) The deadline for completing written discovery under Rules 33, 34, 36 

and 45 of the Federal Rules of Civil Procedure is February 16, 2024. 

Motions to compel written discovery under Rules 33, 34, 36, and 45 

must be filed by March 1, 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. 

3) The deadlines for identifying expert witnesses expected to testify at 

the trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and nonretained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:

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For the plaintiff(s): March 15, 2024.

For the defendant(s): April 11, 2024.

Plaintiffs’ Rebuttal: April 15, 2024. 

4) 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 non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), 

are:

For the plaintiff(s): April 11, 2024.

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

Plaintiff(s)’ rebuttal: May 27, 2024.

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

oral testimony only under Rule 45, is June 24, 2024.

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

judgment is July 24, 2024. 

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

related grounds is July 3, 2024.

8) 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.

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 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 

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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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 3rd day of January, 2024.

BY THE COURT:

s/ Cheryl R. Zwart

United States Magistrate Judge

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