Santee Sioux Nation v. United States Indian Health Service et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SANTEE SIOUX NATION,
Plaintiff,
vs.
P. BENJAMIN SMITH, in his official
capacity as Acting Director of the Indian
Health Service; UNITED STATES INDIAN
HEALTH SERVICE, ROBERT F.
KENNEDY, JR., in his official capacity as
Secretary of Health and Human Services;
UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES, and
THE UNITED STATES OF AMERICA,
Defendants.
8:23CV530
AMENDED
CASE PROGRESSION ORDER
This matter comes before the Court on the parties’ Stipulation to Amend Case Progression
Order (Filing No. 76). After review of the parties’ stipulation, the Court finds good cause to grant
the requested extensions. Accordingly,
IT IS ORDERED that the Stipulation to Amend Case Progression Order (Filing No. 76)
is granted, and the amended case 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 May 12, 2026. Motions to compel written
discovery under Rules 33, 34, 36, and 45 must be filed by May 26, 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 parties do not anticipate calling experts to testify at trial. Plaintiff reserves
the right to call experts if the need becomes apparent through the discovery
process.
3) The planning conference set for February 25, 2026, 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 May 28, 2026, at 11:00 a.m. by telephone. Counsel shall use the
conferencing instructions assigned to this case to participate in the conference.
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4) The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is June 8, 2026.
5) The deadline for filing motions to dismiss and motions for summary judgment is
August 31, 2026.
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 28th day of January, 2026.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge
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