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Insurance | Nebraska
Motion Hearing Order on Motion to Amend
TEXT MINUTE ENTRY for telephonic motion hearing regarding Filing No. 44 Plaintiff's Motion to Amend held before Magistrate Judge Ryan C. Carson on September 16, 2026. Michael Milone and Justin High appeared for Plaintiffs. Tim Thalken and Sean Lavery appeared for the Defendant. The parties submitted written briefing in support of their positions. (Filing Nos. 45 , 46 , 49 , 50 ). Plaintiffs waived their right to file a reply brief in support of the motion. Arguments and discussion were held on the record, which will be uploaded separately, summarized as follows:Plaintiffs argued that their expert disclosures were timely and that only limited amendments were needed. Plaintiffs sought extensions at to the following experts: To replace Barbara Clinkenbeard because of an unexpected medical issue requiring her to withdraw from the case, to supplement Sandra Moriarty and Scott Vogt's expert reports pending the depositions of Karen Bailey and Patrick Yates, and to disclose the expert report of Matt Stadler. Defendant opposed the motion, arguing that Plaintiffs had sufficient time to conduct the necessary discovery, first sought the Bailey and Yates depositions three weeks before the expert deadline, and had already completed its reports without those depositions. Defendant also argued that another mental-health expert could replace Clinkenbeard and that the requested changes did not justify reopening all expert deadlines.The court found good cause only for limited extensions. Plaintiff was given thirty (30) days to obtain a replacement expert for Clinkenbeard, and ten (10) days to provide Stadler's expert report. The court denied Plaintiffs' request to reopen the remaining expert deadlines, noting that Plaintiff had timely disclosed its experts and remains subject to the Rule 26 duty to supplement. The court granted corresponding extensions to the remaining progression deadlines. A Second Amended Final Progression Order is forthcoming. Time Start: 3:30 PM; Time Stop: 4:20 PM; Time in Court: 50 Minutes. (KNH)
Audio File
AUDIO FILE. Court Date & Time [ 9/16/2026 3:31:00 PM ]. File Size [ 11461 KB ]. Run Time [ 00:47:45 ]. (Motion Hearing). (auto-docket).
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