Vantilburg v. United States of America

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KIP T. VANTILBURG,
Plaintiff,
vs.
UNITED STATES OF AMERICA,
Defendant.
4:25CV3055
FINAL PROGRESSION ORDER
(AMENDED)
Defendant’s unopposed motion to extend certain deadlines in the final
progression order is granted. Filing No. 22.
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 June 2, 2026 is continued and will be held with the undersigned
magistrate judge on July 14, 2026 at 9:00 a.m. by telephone. Counsel
shall use the conferencing instructions assigned to this case to
participate in the conference.
2) The deadlines for moving to amend pleadings or add parties are:
For the plaintiff(s): October 1, 2025.
For the defendant(s): December 15, 2025.
3) The deadline for completing written discovery under Rules 33, 34, 36
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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 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): March 16, 2026.
For the defendant(s): May 13, 2026.
5) The deposition deadline, including but not limited to depositions for
oral testimony only under Rule 45, is August 12, 2026.
a. The maximum number of depositions that may be taken by the
plaintiffs as a group and the defendants as a group is 10.
b. Depositions will be limited by Rule 30(d)(1).
6) The deadline for filing motions to dismiss and motions for summary
judgment is April 27, 2026.
7) The deadline for filing motions to exclude testimony on Daubert and
related grounds is July 14, 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) 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.
11) All deadlines and provisions in the Court’s prior final progression
order, Filing No. 16, not amended herein remain unchanged.
Dated this 24th day of November, 2025.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge
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