Smith-Schohl v. Bish's RV - Lincoln

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LISA SMITH-SCHOHL,
Plaintiff,
vs.
BISH'S RV,
Defendant.
4:25CV3081
FIRST AMENDED FINAL
PROGRESSION ORDER
This matter comes before the court on the parties Joint Motion for Extension of
Deadlines. (Filing No. 28). 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 originally scheduled on February 5,
2026 is continued and will now be held with the undersigned magistrate
judge on May 7, 2026 at 11:00 a.m. by telephone. Counsel shall use the
conferencing instructions assigned to this case to participate in the
conference. (Filing No. 13).
2) The deadline for completing written discovery under Rules 33, 34, 36 and 45
of the Federal Rules of Civil Procedure is April 14, 2026. Motions to compel
written discovery under Rules 33, 34, 36, and 45 must be filed by April 28,
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
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.
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3) 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): May 14, 2026.
For the defendant(s): July 2, 2026.
Plaintiff(s)’ rebuttal: September 2, 2026.
4) The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is September 28, 2026.
5) The deadline for filing motions to dismiss and motions for summary
judgment is December 17, 2026.
6) The deadline for filing motions to exclude testimony on Daubert and related
grounds is October 15, 2026.
7) 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.
8) 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.
9) 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 13th day of January, 2026.
BY THE COURT:
s/ Ryan C. Carson
United States Magistrate Judge
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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