Tipp v. Sanders et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ALAN TIPP, an individual resident of
Nebraska;
Plaintiff,
vs.
DEION L. SANDERS, an individual
resident of Texas; PRIME TIME
ENTERPRISES, INC., an Indiana
Corporation; and SMAC
ENTERTAINMENT, LLC, a California
Limited Liability Company;
Defendants.
8:25CV33
FINAL PROGRESSION ORDER
(AMENDED)
The parties’ joint motion to extend deadlines in the final progression order is
granted. Filing No. 29.
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. The status
conference to discuss case progression, the parties’ interest in
settlement, and the trial and pretrial conference settings currently set
for August 25, 2026 is continued and will be held with the undersigned
magistrate judge on October 13, 2026 at 9:30 a.m. by telephone.
Counsel shall use the conferencing instructions assigned to this case
to participate in the conference.
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2) The deadline to file any motion to strike a party’s jury demand is
October 2, 2026.
3) The deadline for completing written discovery under Rules 33, 34, 36
and 45 of the Federal Rules of Civil Procedure is March 10, 2026.
Motions to compel written discovery under Rules 33, 34, 36, and 45
must be filed by March 24, 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 to set a conference for discussing the
parties’ dispute.
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): May 11, 2026.
For the defendant(s): June 9, 2026.
Plaintiff(s)’ rebuttal: June 23, 2026.
5) The deposition deadline, including but not limited to depositions for
oral testimony only under Rule 45, is July 27, 2026.
6) The deadline for filing motions to dismiss and motions for summary
judgment is August 24, 2026.
7) The deadline for filing motions to exclude testimony on Daubert and
related grounds is November 24, 2026.
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.
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9) All other deadlines and provisions in the Court’s prior final progression
order, Filing No. 21, not amended herein remain unchanged.
Dated this 12th day of January, 2026.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge
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