Roloff v. BNSF Railway Company

Filing 54

MEMORANDUM AND ORDER - On or before October 28, 2010, the plaintiff shall submit to the undersigned magistrate judge a copy of the deposition of Michael Shinnick, along with a statement or letter that references, by page and line, the portions of tha t deposition he relies on in support of the allegations in paragraph 8 (i) and (j) of the Controverted and Unresolved Issues set forth in the Pretrial Conference Order. Defense counsel's response to the plaintiff's submission shall be provi ded to the court on or before November 4, 2010. The parties submissions will be docketed as court exhibits, and thereby made part of the record of this case, when the court enters its ruling on defendant's objections to allegations (i) and (j). Ordered by Magistrate Judge Cheryl R. Zwart. (AOA)

Roloff v. BNSF Railway Company

Doc. 54

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA MARK A. ROLOFF, Plaintiff, v. BNSF RAILWAY COMPANY, Defendant. ) ) ) ) ) ) ) ) )

4:09CV3178

MEMORANDUM AND ORDER

In the parties' proposed pretrial conference memorandum, the defendant objected to (a) through (j) of the plaintiff's allegations of negligence as beyond the scope of plaintiff's complaint. See filing no. 52, at "Controverted and Unresolved Issues", ¶ 8.

At the pretrial conference, the defendant withdrew its objections to (a) through (h), but as to (i) and (j), agreed to further consider its objections after reviewing the deposition of Michael Shinnick. Mr. Shinnick's testimony was cited by the plaintiff as his basis for allegations (i) and (j). The allegations of negligence raised in (i) and (j) were not mentioned or within the scope of alleged negligence raised in the plaintiff's complaint. The defendant was ordered to advise the court within five days as to whether, upon review of Mr. Shinnick's testimony, its objections to (i) and (j) are withdrawn. See filing no. 52, at "Controverted and Unresolved Issues", ¶ 8 at pp. 2-4.

The defendant promptly responded and has advised the court it will not withdraw its objections to paragraph 8 (i) and (j) of the "Controverted and Unresolved Issues" within the Pretrial Conference order. Filing No. 52. This issue must be resolved before trial. Accordingly, IT IS ORDERED: 1) On or before October 28, 2010, the plaintiff shall submit to the undersigned magistrate judge a copy of the deposition of Michael Shinnick, along with a statement or letter that references, by page and line, the portions of that deposition

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he relies on in support of the allegations in paragraph 8 (i) and (j) of the "Controverted and Unresolved Issues" set forth in the Pretrial Conference Order. 1 2) Defense counsel's response to the plaintiff's submission shall be provided to the court on or before November 4, 2010. The parties submissions will be docketed as court exhibits, and thereby made part of the record of this case, when the court enters its ruling on defendant's objections to allegations (i) and (j).

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DATED this 22nd day of October, 2010. BY THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge

The parties' submissions can be made in any manner deemed most efficient, including by email to [e-mail]., with a copy provided to opposing counsel. -2-

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