Dietrich et al v. Walmart, Inc. et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CRYSTAL DIETRICH, Wife, and OAK
DIETRICH, Husband,
Plaintiffs,
vs.
WALMART, INC., a Delaware
Corporation; and SWIRE PACIFIC
HOLDINGS, INC., a Delaware
corporation;
Defendants.
4:24CV3030
FINAL PROGRESSION ORDER
(AMENDED)
Upon conferring with the parties, Plaintiff does not oppose the motion. The
joint motion to amend, Filing No. 49, is granted. The final progression order, Filing
No. 47, 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 set for
January 6, 2026 is continued and will be held with the undersigned
magistrate judge on April 14, 2026 at 10:30 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 was October 27, 2025.
Motions to compel written discovery under Rules 33, 34, 36, and 45
must be filed by February 10, 2026.
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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.
3) The deadlines for identifying expert witnesses 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), is February 27, 2026.
4) The deadlines 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)), is April 30,
2026.
5) The fact deposition deadline, including but not limited to depositions
for oral testimony only under Rule 45, is January 30, 2026.
6) The deadline to complete expert depositions is April 30, 2026.
7) The deadline for filing motions to dismiss and motions for summary
judgment is May 8, 2026.
8) The deadline for filing motions to exclude testimony on Daubert and
related grounds is May 8, 2026.
9) 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.
10) All other deadlines and provisions in the Court’s prior final progression
orders not amended herein remain unchanged.
IT IS ORDERED.
Dated this 20th day of November, 2025.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge
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