Bliss v. BNSF Railway Company

Filing 74

MEMORANDUM AND ORDER - After conferring with parties: - - The plaintiff's motion to amend, (filing no. 71 ), is granted. The plaintiff's amended complaint shall be filed on or before December 28, 2012.- - The jury trial of this ca se is set to commence before Cheryl R. Zwart, United States Magistrate Judge, in Courtroom 2, United States Courthouse, Lincoln, Nebraska at 9:00 a.m. on July 22, 2013, or as soon thereafter as the case may be called, for a duration of five (5 ) trial days. - - The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on July 9, 2013 at 1:00 p.m., and will be conducted by WebEx conferencing.- - A telephonic conference with the undersigned magistrate judge will be held on May 14, 2013 at 11:00 a.m. to discuss the status of case progression and potential settlement. Counsel for plaintiff shall place the call.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID BLISS,
Plaintiff,

4:12CV3019

vs.
MEMORANDUM AND ORDER
BNSF RAILWAY COMPANY,
Defendant.
After conferring with the parties,
IT IS ORDERED:
1)

The plaintiff’s motion to amend, (filing no. 71), is granted. The plaintiff’s
amended complaint shall be filed on or before December 28, 2012.

2)

Although the defendant does not oppose the filing of plaintiff’s amended
complaint, the defendant does not thereby waive any right to seek
severance or bifurcation of plaintiff’s new claim(s) under the Federal Rules
of Civil Procedure.

3)

The jury trial of this case is set to commence before Cheryl R. Zwart,
United States Magistrate Judge, in Courtroom 2, United States Courthouse,
Lincoln, Nebraska at 9:00 a.m. on July 22, 2013, or as soon thereafter as
the case may be called, for a duration of five (5) trial days. Jury selection
will be held at commencement of trial.

4)

The Pretrial Conference is scheduled to be held before the undersigned
magistrate judge on July 9, 2013 at 1:00 p.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 July 8, 2013. An email will be sent to counsel of record with the
instructions and codes for participating in the pretrial conference by
WebEx.

5)

A telephonic conference with the undersigned magistrate judge will be held
on May 14, 2013 at 11:00 a.m. to discuss the status of case progression and
potential settlement. Counsel for plaintiff shall place the call.

6)

The deadline for completing written discovery under Rules 33 through 36
of the Federal Rules of Civil Procedure is June 12, 2013. Motions to
compel Rule 33 through 36 discovery must be filed by June 26, 2013.

7)

The deadline for supplementing 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)), is March 15, 2013

8)

The deposition deadline is June 28, 2013.

9)

The deadline for filing motions to dismiss and motions for summary
judgment is June 3, 2013.

10)

Plaintiff's response to defendant's motion in limine and Daubert motion
(Filing No. 55) shall be filed on or before March 14, 2013.

11)

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.

December 21, 2012.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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