Hawkins Construction Company v. Pipe & Piling Supplies (U.S.A.) Ltd.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HAWKINS CONSTRUCTION COMPANY,
Plaintiff,
vs.
PIPE & PILING SUPPLIES (U.S.A.) LTD.,
Defendant.
8:25CV371
FIRST AMENDED FINAL
PROGRESSION ORDER
This matter comes before the court on Plaintiff’s Motion for Extension of Deadlines.
(Filing No. 31). For good cause shown, the motion is granted.
Accordingly, IT IS ORDERED that the final progression order is amended as
follows:
1) The trial and pretrial conference will not be set at this time. A status
conference to discuss case progression, the parties’ interest in settlement, and
the trial and pretrial conference settings scheduled on February 11, 2026 is
continued will be held with the undersigned magistrate judge on March 26,
2026 at 10:00 a.m. by telephone. Counsel shall use the conferencing
instructions assigned to this case to participate in the conference. (Filing No.
19).
2) The deadline for completing written discovery under Rules 33, 34, 36 and 45
of the Federal Rules of Civil Procedure is March 4, 2026. Motions to compel
written discovery under Rules 33, 34, 36, and 45 must be filed by March 18,
2026.
Note: A discovery motion (including a motion to compel, to quash, or for a
disputed protective order, or any motion regarding the scope and production
8:25-cv-00371-BCB-RCC Doc # 32 Filed: 01/02/26 Page 1 of 3 - Page ID #
<pageID>

of ESI) cannot be filed without first: a) thoroughly discussing the issue with
opposing counsel in good faith (NECivR 7.1(j)); and then b) contacting the
chambers of the undersigned magistrate judge to set a conference for
discussing the parties’ dispute. The failure to contact the court prior to filing
a discovery motion may result in an order striking the motion.
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 non-retained
experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:
For the plaintiff(s): June 22, 2026.
For the defendant(s): July 21, 2026.
Rebuttal: August 4, 2026.
4) The deadlines for complete expert disclosures1 for 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): July 21, 2026.
For the defendant(s): August 25, 2026.
Plaintiff(s)’ rebuttal: September 8, 2026.
5) The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is November 24, 2026.
6) The deadline for filing motions to dismiss and motions for summary
judgment is January 28, 2027.
7) The deadline for filing motions to exclude testimony on Daubert and related
grounds is January 28, 2027.
8) Motions in limine shall be filed twenty-eight days before trial. 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.
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.
8:25-cv-00371-BCB-RCC Doc # 32 Filed: 01/02/26 Page 2 of 3 - Page ID #
<pageID>

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 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 2nd day of January, 2026.
BY THE COURT:
s/ Ryan C. Carson
United States Magistrate Judge
8:25-cv-00371-BCB-RCC Doc # 32 Filed: 01/02/26 Page 3 of 3 - Page ID #
<pageID>