Garrett v. Midwest Home Health, Inc.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KATELYN GARRETT,
Plaintiff,
vs.
MIDWEST HOME HEALTH, INC.,
Defendant.
8:24CV344
THIRD AMENDED
CASE PROGRESSION ORDER
This matter comes before the Court on the Joint Motion to Amend the Second Amended
Case Progression Order (Filing No. 37). After review of the motion, the Court finds good cause
to grant the requested extensions. Accordingly,
IT IS ORDERED that the Joint Motion to Amend the Second Amended Case Progression
Order (Filing No. 37) is granted, and the second amended case progression order is amended as
follows:
1) The deadline for completing written discovery under Rules 33, 34, 36, and 45 of
the Federal Rules of Civil Procedure is January 16, 2026. Motions to compel
written discovery under Rules 33, 34, 36, and 45 must be filed by February 3,
2026.
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) The planning conference set for December 10, 2025, 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 February 11, 2026, at 10:30 a.m. by telephone. Counsel shall use the
conferencing instructions assigned to this case to participate in the conference .
3) The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is February 13, 2026.
4) The deadline for filing motions to exclude testimony on Daubert and related
grounds is February 19, 2026.
5) The deadline for filing motions to dismiss and motions for summary judgment is
May 11, 2026.
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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 14th day of November, 2025.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge
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