Noelle v. Walmart, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JANIS NOELLE, an individual;
Plaintiff,
vs.
WALMART, INC., a corporation; DOES I-
V, and ROES CORPORATIONS VI-X,
inclusive;
Defendants.
8:24CV451
AMENDED
CASE PROGRESSION ORDER
This matter comes before the Court on the Joint Stipulation Regarding Showing of Good
Cause to Extend Progression Order Deadlines (Filing No. 35). After review of the parties’ motion,
the Court finds good cause to grant the requested extensions. Accordingly,
IT IS ORDERED that the Joint Stipulation Regarding Showing of Good Cause to Extend
Progression Order Deadlines (Filing No. 35) is granted, and the case progression order is amended
as follows:
1) The deadline for completing written discovery under Rules 33, 34, 36, and 45 of
the Federal Rules of Civil Procedure is January 29, 2026. Motions to compel
written discovery under Rules 33, 34, 36, and 45 must be filed by February 13,
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
on or before the motion to compel deadline to set a conference to discuss the
parties’ dispute, and after being granted leave to do so by the Court.
2) The deadlines for identifying expert witnesses and 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: March 2, 2026
For the defendants: April 13, 2026
Plaintiff’s rebuttal: May 8, 2026
3) The planning conference set for January 14, 2026, is cancelled. 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 13, 2026, at 11:00 a.m. by telephone. Counsel shall use the
conferencing instructions assigned to this case to participate in the conference .
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 trea tment 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.
8:24-cv-00451-JFB-MDN Doc # 36 Filed: 11/07/25 Page 1 of 2 - Page ID #
<pageID>

4) The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is June 9, 2026. The maximum number of
depositions that may be taken by the plaintiffs as a group and the defendants as a
group is three (3).
5) The deadline for filing motions to dismiss and motions for summary judgment is
June 9, 2026.
6) The deadline for filing motions to exclude testimony on Daubert and related
grounds is July 27, 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 7th day of November, 2025.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge
8:24-cv-00451-JFB-MDN Doc # 36 Filed: 11/07/25 Page 2 of 2 - Page ID #
<pageID>