Lybrand v. Union Pacific Railroad Company

Filing 29

ORDER granting plaintiff's emergency motion for relief 23 ; finding as moot 17 19 Motion to Strike. This case will be removed from the trial docket for the week of June 6, 2011. Plaintiff's response to the pending motion for summary judgment 14 will be due ten days following the completion of the discovery, as set forth in this Order. Signed by Judge James M. Moody on 3/28/11. (kpr)

Lybrand v. Union Pacific Railroad Company

Doc. 29

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION F. MIKE LYBRAND VS. NO. 5:10CV00045 DEFENDANT PLAINTIFF

UNION PACIFIC RAILROAD COMPANY ORDER

Pending is Plaintiff's emergency motion for relief pursuant to Fed. R. Civ. P. 56(d). (Docket # 23). Defendant has responded. For good cause shown, the motion is GRANTED. This case will be removed from the trial docket the week of June 6, 2011. The Court will enter an amended scheduling order resetting this matter for trial. The Court will allow the parties additional time in which to identify witnesses including expert witnesses and to conduct discovery . Plaintiff's response to the pending motion for summary judgment, docket # 14, will be due ten (10) days following the completion of the above discovery. The Court will set the additional discovery deadline in the amended scheduling order. Defendant's motion to strike Plaintiff's improperly disclosed witness, docket # 17, and motion to limit the testimony of Dr. Kenneth Martin, docket # 19, are moot in light of the above ruling. IT IS SO ORDERED this 28th day of March, 2011.

__________________________________________ James M. Moody United States District Judge

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