Mathew v. Hy-Vee, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SHERWIN MATHEW,
Plaintiff,
vs.
HY-VEE, INC., and BRIAN D. BRIGGS,
Defendants.
8:24CV303
THIRD AMENDED
CASE PROGRESSION ORDER
This matter comes before the Court following a planning conference held on January 5,
2026, and on the Stipulation and Joint Motion to Continue Progression Order (Filing No. 30).
After review of the motion and in accordance with the discussion during the planning conference,
the Court finds good cause to grant the requested extensions. Accordingly,
IT IS ORDERED that the Stipulation and Joint Motion to Continue Progression Order
(Filing No. 30) is granted, and the second amended case progression order is amended as follows:
1) The deadline 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 defendants: February 18, 2026
2) The deadlines for completing 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: February 18, 2026
For the defendants: March 18, 2026
Plaintiff’s rebuttal: May 20, 2026
3) 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 20, 2026, at 11:00 a.m. by telephone.
Counsel shall use the conferencing instructions assigned to this case to participate
in the conference.
4) The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is May 22, 2026.
5) The deadline for filing motions to dismiss and motions for summary judgment is
June 8, 2026.
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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6) The deadline for filing motions to exclude testimony on Daubert and related
grounds is June 19, 2026.
7) 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.
8) 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 5th day of January, 2026.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge
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