Grade v. BNSF Railway Company

Filing 8

ORDER - My judicial assistant shall arrange a telephone conference with counsel in this case about 20 days from now. Before the telephone conference, counsel shall confer and try to reach agreement on Rule 26 disclosures, discovery and the guts of a final progression order. The defendant's motion for protective order and stay of discovery (filing 5 ) is granted. All discovery in this matter is stayed until further order of the court, and the defendant shall not be required to respond to any outstanding discovery requests from the plaintiff. Ordered by Judge Richard G. Kopf. (GJG)

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA

S T E V E N L.D. GRADE, Plaintiff, v. B N S F RAILWAY COMPANY, Defendant.

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ORDER

A ll of our magistrate judges are disqualified from handling cases involving th e Burlington Northern Santa Fe Railway (BNSF). Because of that, I will be re q u ire d to handle all pretrial matters associated with this case. In thinking over h o w I want to handle pretrial matters associated with BNSF cases, it occurs to me th a t we may be able to streamline some things. Therefore, IT IS ORDERED that: 1. M y judicial assistant shall arrange a telephone conference with c o u n s e l in this case about 20 days from now. 2. Before the telephone conference, counsel shall confer and try to reach a g re e m e n t on Rule 26 disclosures, discovery and the guts of a final progression o rd e r. During the telephone conference, counsel shall be prepared to discuss with m e the following: * * In fo rm a l compliance with Rule 26 disclosures without a formal report. N o initial progression order and no initial planning conference beyond th e above mentioned telephone conference. N o required mediation plan.

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E a rly issuance of a "Final Progression Order" to include: (a) deadline fo r motions to dismiss and for summary judgment; (b) deadlines for m o tio n s to compel discovery; (c) deadlines for depositions; (d) d e a d lin e s for disclosure of expert witnesses; (e) deadlines for pretrial d is clo s u r es ; (f) deadlines for motions in limine; (g) date for final p r etria l conference; and (h) setting of trial week and estimate of trial tim e .

3. T h e defendant's motion for protective order and stay of discovery (filing 5) is granted. All discovery in this matter is stayed until further order of the c o u rt, and the defendant shall not be required to respond to any outstanding d is c o v e ry requests from the plaintiff.

September 1, 2009.

B Y THE COURT: R ich a rd G. Kopf U n ite d States District Judge

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