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Skolnik v. Sam's Club, Inc.

United States District Court, D. Nebraska

September 1, 2016

BEVERLY SKOLNIK, Plaintiff,
v.
SAM'S CLUB, INC., a foreign corporation; Defendant.

          MEMORANDUM AND ORDER

          Cheryl R. Zwart United States Magistrate Judge.

         The following motions are pending before me and fully submitted:

• Defendant's motion to strike Plaintiffs experts, (Filing No. 26);
• Plaintiffs motion to extend the discovery deadline, (Filing No. 23);
• Defendant's motion to quash Plaintiff written discovery served on June 29, 2016, (Filing No. 24); and
• Plaintiffs motion for extension of the deposition deadline, (Filing No. 50).

         For the reasons discussed below, Plaintiffs motions will be denied, Defendant's motion to quash will be granted, and Defendant's motion to strike Plaintiffs experts will be granted in part and denied in part.

         ANALYSIS

         Plaintiffs complaint, initially filed in the District Court of Lancaster County, Nebraska on June 15, 2015, alleges she sipped and fell at Sam's Club in Lincoln, Nebraska, resulting in injuries. Plaintiff alleges her accident and injuries were caused by Defendant's negligence; specifically, Plaintiff claims that during construction at the Sam's club store, Plaintiff was directed to an alternate entrance, and while pushing a cart back into the store, the automatic doors opened and caused an all-weather rug to pinch, catch or rise. Plaintiff alleges she trpped and fell on the store's concrete floor because the elevated rug, caused in part by the shoppers' constant use of the same automatic door, created a hazard. (Filing No. 1, at CM/ECF pp. 7-8).

         On October 5, 2015, the parties filed their Rule 26(f) Report of Parties' Planning Conference. (Filing No. 9). The parties' report proposed the following deadlines:

• Mandatory disclosures required under Rule 26(a)(1): October 30, 2015;
• Plaintiffs experts: Identified by November 15, 2015, with full disclosures served by May 15, 2016;
• Defendant's experts: Identified by March 15, 2016, with full disclosures served by June 16, 2016; • Written discovery completed by March 15, 2016;
• Depositions completed by July 15, 2016;
Daubert motions filed by July 15, 2016; and
• Dispositive motions filed by September 1, 2016.

(Filing No. 9). Other than minor adjustments to avoid weekend settings, the court incorporated the parties' jointly proposed dates into the court's scheduling order, setting the Pretrial conference for December 20, 2016, with trial ...


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