Abernathy v. Union Pacific Railroad Company

Filing 152

ORDER permitting plaintiff to call as witnesses David McGee, Lance Phillips, Rodney McCoy, and Jimmy Bowman; and deft will be permitted to depose these witnesses; denying 106 Motion to Strike. Signed by Judge Billy Roy Wilson on 5/3/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION WINFER “D.D.” ABERNATHY v. PLAINTIFF 4:08CV04187-BRW UNION PACIFIC RAILROAD COMPANY DEFENDANT ORDER Now that the trial date has been changed to commence on Monday, August 1, 2011, Plaintiff will be permitted to call David McGee, Lance Phillips, Rodney McCoy, and Jimmy Bowman (non-disclosure being the only grounds cited to exclude these witnesses); and Defendant will be permitted to depose these witnesses. These deposition dates should be established forthwith. If the parties cannot readily agree on deposition dates (which they should be able to do), I will set them. Defendant’s Motion to Strike Plaintiff’s Supplemental Rule 26(a) Disclosures (Doc. No. 106) is DENIED. IT IS SO ORDERED this 3rd day of May, 2011. /s/Billy Roy Wilson UNITED STATES DISTRICT JUDGE

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