BNSF Railway Company v. L.B. Foster Company

Filing 115

MEMORANDUM AND ORDER granting in part and denying in part 112 Motion to Continue. Jury Trial set for 6/17/2013 at 09:00 AM in Courtroom 4, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge War ren K. Urbom. A conference with counsel will be held on 6/17/2013 at 08:30 AM in chambers before Senior Judge Warren K. Urbom.Pretrial Conference set for 6/3/2013 at 09:00 AM before Magistrate Judge Cheryl R. Zwart. Status Conference set for 3/12/2013 at 01:30 PM by telephone before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BNSF RAILWAY COMPANY,
Plaintiff,

4:11CV3076

vs.
MEMORANDUM AND ORDER
L.B. FOSTER COMPANY,
Defendant,
vs.
HERZOG SERVICES, INC.
Third Party Defendant.
After conferring with the parties, Defendant L.B. Foster Company’s Motion to
Continue Trial and Extend Deadlines, (Filing No. 112), is granted in part and denied in part
as follows:
1)

The jury trial of this case is set to commence before Warren K. Urbom, Senior
United States District Judge, in Courtroom 4, United States Courthouse,
Lincoln, Nebraska at 9:00 a.m. on June 17, 2013, or as soon thereafter as the
case may be called, for a duration of five (5) trial days. A conference with
counsel will be held in Judge Urbom's chambers at 8:30 a.m. on the first day
of trial. Jury selection will be held at commencement of trial.

2)

The Pretrial Conference is scheduled to be held before the undersigned
magistrate judge on June 3, 2013 at 9:00 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 Perfect or Word format, by 5:00 p.m.
on May 31, 2013. An email will be sent to counsel of record with the
instructions and codes for participating in the pretrial conference by WebEx.

3)

The telephonic conference previously scheduled to be held on December 18,
2012 is cancelled. A telephonic conference will be held before the
undersigned magistrate judge on March 12, 2013 at 1:30 p.m. to discuss the
status of case progression and potential settlement. Counsel for plaintiff shall
place the call.

4)

The deadline for completing written discovery under Rules 33 through 36 of
the Federal Rules of Civil Procedure is May 3, 2013. Motions to compel Rule
33 through 36 discovery must be filed by April 19, 2013.

5)

Expert Disclosures:
Liability Experts:
As to BNSF Railway Company and L.B. Foster Company, the liability
expert disclosures are complete.
As to Herzog Services, Inc., the deadline for complete liability 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)), are:
Herzog Services, Inc.:
Response experts/BNSF and L.B. Foster:

February 1, 2013
March 1, 2013

Damage Experts:
As to all parties, the deadline for complete expert disclosures regarding
the nature and extent of damages, (both retained experts, (Fed. R. Civ.
P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)),
are:
L.B. Foster and Herzog:
BNSF Rebuttal expert:

February 1, 2013
March 1, 2013

6)

The deposition deadline is May 3, 2013.

7)

The deadline for filing motions to dismiss and motions for summary judgment
is March 4, 2013.

8)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is March 29, 2013.

November 21, 2012.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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