Thompson et al v. Flores

1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GREGORY THOMPSON, DELORES
THOMPSON, and ERIC THOMPSON,
Plaintiffs,
vs.
ANTHONY FLORES, Current Operator of
Value Priced Auto Phoenicians and
Carbid360;
Defendant.
8:24CV173
FINAL PROGRESSION ORDER
(AMENDED)
This matter is before the Court on pro se Defendant’s Motion to Continue, Filing
No. 50, and Plaintiffs’ Unopposed Motion to Stay Progression of Case Pending Ruling on
Motion to Dismiss. Filing No. 52.
Defendant moves to extend all deadlines in this case by six months. Plaintiffs do
not oppose Defendant’s motion and filed an unopposed motion to stay case progression
pending a ruling on Defendant’s motion to dismiss. Upon considering the age of this case
and case progression thus far, Defendant’s motion, Filing No. 50, is granted in part and
denied in part without prejudice. Plaintiffs’ motion to stay, Filing No. 52, is denied.
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 January 13,
2026 is continued and will be held with the undersigned magistrate judge
on April 14, 2026 at 10:00 a.m. by telephone. Plaintiffs’ counsel and
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Defendant shall use the conferencing instructions assigned to this case to
participate in the conference.
2) The deadline for completing1 written discovery under Rules 33, 34, 36 and
45 of the Federal Rules of Civil Procedure is March 5, 2026. Motions to
compel written discovery under Rules 33, 34, 36, and 45 must be filed by
March 20, 2026.
Note: Motions to compel shall not be filed without first contacting the
chambers of the undersigned magistrate judge to set a conference for
discussing the parties’ dispute.
3) The deadline for complete expert disclosures 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): October 30, 2025.
For the defendant(s): March 2, 2026.
Plaintiff(s) rebuttal: March 16, 2026.
4) The deposition deadline is April 13, 2026.
5) The deadline for filing motions to dismiss and motions for summary
judgment is May 12, 2026.
6) The deadline for filing motions to exclude testimony on Daubert and related
grounds is May 12, 2026.
7) Motions in limine shall be filed twenty-eight days before the 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. The parties should plan accordingly.
8) As with plaintiffs’ counsel, the defendant is reminded to follow the Federal
Rules of Civil Procedure and this court’s Local Rules.
The Federal Rules of Civil Procedure are posted online at:
1 “Completed” means the discovery answers or responses to written discovery have
been served. As such, written discovery must be served sufficiently in advance of the
discovery completion deadline to afford the responding party the time permitted under the
discovery rules to answer or respond.
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https://www.uscourts.gov/rules-policies/current-rules-practice-
procedure/federal-rules-civil-procedure
The Local Rules for the United States District Court for the District of
Nebraska are posted on the court’s website at:
http://www.ned.uscourts.gov/attorney/local-rules
Court resources for parties proceeding without an attorney can be found
on the Nebraska federal court’s website at:
http://www.ned.uscourts.gov/public/proceeding-without-an-attorney
Standard forms for case and trial preparation, including subpoena forms,
are posted on the Nebraska federal court’s website at:
http://www.ned.uscourts.gov/forms
9) The parties shall review the Nebraska magistrate judges’ practices posted
at the court’s Civil Case Management website at:
https://www.ned.uscourts.gov/attorney/judges-information/civil-case-
management
10) As with plaintiffs’ counsel, the defendant is reminded:
a. A party must not speak with the court, or with the opposing party,
unless the attorney for the opposing party is also present or on the
telephone;
b. Any written communications, such as letters or emails, to the
opposing party must be sent to only the opposing party’s attorney;
c. If the defendant sends any filings, letters, or emails to the court, a
copy must also be sent to the attorney for the opposing party; and
d. If the defendant changes his address or phone number, he must
immediately advise the court and the attorney for the opposing party of
this change.
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11) The court provides the following information, current as of the date of this
order, to assist the parties with their communications:
Plaintiffs’ Counsel: Defendant:
Joshua D. Barber
Barber, Barber Law Firm
300 North 44th Street
Suite 205
Lincoln, NE 68503
Anthony Flores
21836 N 23rd Avenue
Phoenix, AZ 85027
12) The parties shall not contact the court about a problem until they have first
tried, but failed, to resolve the problem themselves.
13) 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.
14) All other deadlines and provisions in the Court’s prior final progression
orders not amended herein remain unchanged.
Dated this 13th day of November, 2025.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge
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