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Colella v. Nebraska Methodist Health System, Inc.

United States District Court, D. Nebraska

December 31, 2019

MONICA COLELLA, Administrator for the Estate of Karen Sue Foster, deceased; Plaintiff,
v.
NEBRASKA METHODIST HEALTH SYSTEM, INC., THE NEBRASKA METHODIST HOSPITAL, JOHN DOES 1-10, agents, servants and employees of Nebraska Methodist Health System, Inc. and/or The Nebraska Methodist Hospital, whose real names are unknown; and JANE DOES 1-10, agents, servants and employees of Nebraska Methodist Health System, Inc. and/or The Nebraska Methodist Hospital, whose real names are unknown; Defendants.

          AMENDED FINAL PROGRESSION ORDER

          Susan M. Bazis United States Magistrate Judge

         THIS MATTER is before the Court on the parties' Joint Motion to Extend Deadlines. (Filing No. 48.) The motion is granted. Accordingly, IT IS ORDERED that the provisions of the Court's earlier final progression order remain in effect, and in addition to those provisions, the following shall apply:

         1) The jury trial of this case is set to commence before John M. Gerrard, Chief United States District Judge, in the Special Proceedings Courtroom, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on September 14, 2020, or as soon thereafter as the case may be called, for a duration of ten (10) trial days. This case is subject to the prior trial of criminal cases and other civil cases that may be scheduled for trial before this one. Jury selection will be held at the commencement of trial.

         2) The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on August 24, 2020 at 10:00 a.m., and will be conducted by internet/telephonic conferencing. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. (If counsel wishes to appear in person, counsel must contact chambers requesting permission to do so. Before contacting chambers to request such relief, counsel shall confer regarding the issue.) The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to bazis@ned.uscourts.gov, in Word format, by 12:00 p.m. on August 19, 2020.

         3) A telephonic conference to discuss the status of case progression and the parties' interest in settlement will be held with the undersigned magistrate judge on July 7, 2020 at 3:00 p.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference.

         4) The deadline for serving initial mandatory disclosures under Rule 26(a)(1) is July 8, 2019.

         5) The deadlines for moving to amend pleadings or add parties are:

For the plaintiff(s): November 8, 2019
For the defendant(s): November 9, 2019

         6) The deadline for completing written discovery under Rules 33, 34, and 36 of the Federal Rules of Civil Procedure is February 10, 2020. Motions to compel discovery under Rules 33, 34, and 36 must be filed by February 24, 2020

         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.

         7) 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): February ...

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