BNSF Railway Company v. L.B. Foster Company

Filing 33

AMENDED PROGRESSION ORDER granting 32 Joint Motion to Continue. 5-day Jury Trial set for 2/25/2013 at 09:00 AM before Senior Judge Warren K. Urbom. Pretrial Conference set for 2/12/2013 at 10:00 AM by telephone before Magistrate Judge Cheryl R. Zwart.Status Conference remains set for 7/5/2012 at 11:00 AM by telephone before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BNSF RAILWAY COMPANY,
Plaintiff,
v.
L.B. FOSTER COMPANY,
Defendant.

)
)
)
)
)
)
)
)
)

4:11CV3076

AMENDED PROGRESSION ORDER

The parties’ joint motion to continue, (filing no. 32), is granted, and the amended
progression order is as follows:
a.

The trial of this case is set to commence before the Honorable Warren K.
Urbom on February 25, 2013 at 9:00 a.m., or as soon thereafter as the case
may be called, for a duration of five (5) trial days, in Courtroom 4, United
States Courthouse, Lincoln, Nebraska. Jury selection will be held at
commencement of trial.

b.

A conference with counsel for the parties will be held before Judge Urbom in
his chambers beginning on February 25, 2013 at 8:30 a.m.

c.

The Pretrial Conference is scheduled to be held before the undersigned
magistrate judge on February 12, 2013 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 Perfect or Word format, by 5:00 p.m.
on February 11, 2013. An email will be sent to counsel of record with the
instructions and codes for participating in the pretrial conference by WebEx.

d.

The telephonic conference before the undersigned magistrate judge remains
set for July 5, 2012 at 11:00 a.m. Counsel for plaintiff shall place the call.

e.

The deadline for moving to amend pleadings or add parties is April 30, 2012.

f.

The deadline for completing discovery under Rules 33 through 36 of the
Federal Rules of Civil Procedure is December 17, 2012. Motions to compel
Rule 33 through 36 discovery must be filed by December 3, 2012.

g.

The deadlines for identifying expert witnesses expected to testify at the trial
are:
For the plaintiff:
For the defendants:

h.

July 2, 2012
August 15, 2012

The deadlines for complete 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:
For the plaintiff:
For the defendants:

October 1, 2012.
November 15, 2012.

i.

The deposition deadline is January 31, 2013.

j.

The deadline for filing motions to dismiss, motions for summary judgment or
motions to exclude expert testimony on Daubert and related grounds is January
13, 2013. However, the parties are hereby notified that the trial of this
case may be continued, on the court’s own motion, if dispositive motions
are filed on or after November 9, 2012.

k.

Motions in limine shall be filed five business days prior to trial. It is not the
normal practice to hold hearings on motions in limine or to rule on them in
advance. Counsel should plan accordingly.

l.

The parties shall comply with all other stipulations and agreements recited in
their Rule 26(f) planning report that are not inconsistent with this order.

DATED this 15 th day of February, 2012.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

2