TIC - The Industrial Company Wyoming, Inc. et al v. Factory Mutual Insurance Company et al

Filing 70

ORDER granting 68 Motion to Extend. Jury Trial set for 6/4/2012 at 09:00 AM in Courtroom 4, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Warren K. Urbom.Pretrial Conference set for 5/24/2012 at 10:00 AM before Magistrate Judge Cheryl R. Zwart.Status Conference set for 12/8/2011 at 10:00 AM by telephone before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TIC - THE INDUSTRIAL COMPANY
WYOMING, INC., and PIONEER
TRAIL ENERGY L.L.C.,
Plaintiffs,
v.
FACTORY MUTUAL INSURANCE
COMPANY, and IMA OF KANSAS,
INC.,
Defendants.

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4:10CV3153

AMENDED
PROGRESSION ORDER

IT IS ORDERED that the motion to extend, (filing no. 68), is granted, and
1)

On or before November 25, 2011, plaintiff Pioneer Trail shall either:
a.

b.

2)

Serve interrogatory answers and full and complete responses to Factory
Mutual’s document discovery requests, along with a statement under
oath that all responsive documents have been provided (as required
under this court’s prior order, filing no. 67); or
Shall move to withdraw as a party plaintiff and/or for dismissal of its
claims

Due to the uncertainty regarding the plaintiffs’ representation and its impact
on the parties’ trial preparation, the progression schedule is modified as
follows:
a.

A jury trial is set to commence on June 4, 2012, at 9:00 a.m. before
Senior Judge Warren K. Urbom. A conference with counsel in
chambers, Room 507, will be held prior to trial on June 4, 2012, at 8:30
a.m. No more than seven (7) days are allocated to the trial of this case
and counsel shall plan accordingly. This case is subject to the prior trial
of criminal cases and such other civil cases as may be scheduled for
trial before this one.

b.

The pretrial conference will be held before the undersigned magistrate
judge on May 24, 2012 at 10:00 a.m. and will be conducted by WebEx
conferencing. To facilitate this conferencing method, the parties'
proposed Pretrial Conference Order and Exhibit List(s) must be emailed to [e-mail], in either Word or WordPerfect
format, by 5:00 p.m. on May 23, 2012. An e-mail will be sent to
counsel of record with the instructions and codes for participating in the
pretrial conference by WebEx.

c.

The telephonic status conference with the undersigned magistrate
judge, previously scheduled for November 7, 2011at 9:00 a.m., is
continued and will be held on December 8, 2011 at 10:00 a.m.

d.

Defendants' expert disclosures, (both retained experts, (Fed.R.Civ.P.
26(a)(2)(B)), and non-retained experts, (Fed.R.Civ.P.26(a)(2)(C), shall
be served on or before February 15, 2012.

e.

Non-expert fact discovery shall be completed by March 5, 2012.

f.

Rebuttal expert disclosures shall be served on or before March 16,
2012.

g.

Expert discovery shall be completed by April 16, 2012.

h.

The deadline for filing motions to dismiss, motions for summary
judgment or motions to exclude expert testimony on Daubert and
related grounds is February 19, 2012.

Dated this 27 th day of October, 2010.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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