Johnson v. Demerath et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
J.T. JOHNSON JR.,
Plaintiff,
vs.
LARRY DEMERATH, and DEMERATH
LAW OFFICE,
Defendants.
8:24CV208
THIRD AMENDED FINAL
PROGRESSION ORDER
IT IS ORDERED that the parties’ joint motion to amend the progression order is
granted. (Filing No. 51). The unexpired deadlines in the final progression order are
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 set for November 4, 2025 is
continued and will be held with the undersigned magistrate judge on
December 22, 2025 at 9:00 a.m. by telephone. Counsel shall use the
conferencing instructions assigned to this case to participate in the
conference.
2) 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)) is December 30, 2025.
3) The deadline 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-
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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retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), is February 3, 2026.
4) The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is April 2, 2026.
5) The deadline for filing motions to dismiss and motions for summary
judgment is May 4, 2026.
6) The deadline for filing motions to exclude testimony on Daubert and related
grounds is May 4, 2026.
7) 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.
8) 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.
9) 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.
Dated this 31st day of October, 2025.
BY THE COURT:
s/ Ryan C. Carson
United States Magistrate Judge
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