Herberg, LLC v. Depositors Insurance Company

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HERBERG, LLC,
Plaintiff,
vs.
DEPOSITORS INSURANCE COMPANY,
Defendant.
4:24CV3157
FINAL PROGRESSION ORDER
(AMENDED)
The Court grants the parties’ Joint Stipulated Motion for Amended Progression
Order. 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 interim
status conference to discuss case progression and the parties’ interest in
settlement remains set as scheduled and will be held with the undersigned
magistrate judge on January 29, 2026 at 10:00 a.m. by telephone. Counsel
shall use the conferencing instructions assigned to this case to participate
in the conference.
2) The deadline for completing written discovery under Rules 33, 34, 36 and
45 of the Federal Rules of Civil Procedure is April 6, 2026. Motions to
compel written discovery under Rules 33, 34, 36, and 45 must be filed by
April 20, 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.
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3) The deadlines 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 plaintiff(s): July 17, 2025.
For the defendant(s): March 9, 2026.
Plaintiff(s)’ rebuttal: April 10, 2026.
Defendant(s)’ rebuttal: May 4, 2026.
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 2, 2026.
For the defendant(s): April 27, 2026.
Plaintiff(s)’ rebuttal: May 26, 2026.
5) The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is June 22, 2026.
6) The deadline for filing motions to dismiss and motions for summary
judgment is August 3, 2026.
7) The deadline for filing motions to exclude testimony on Daubert and related
grounds is July 20, 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.
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
substantial showing of good cause.
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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10) All other deadlines and provisions in the Court’s prior final progression
orders not amended herein remain unchanged.
Dated this 25th day of November, 2025.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge
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