Madden v. Antonov et al

Filing 168

MEMORANDUM AND ORDER that the Jury Trial of this case is set for 3/9/2015 at 9:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard. The Pretrial Conference is set for 2/24/2015 at 11:00 AM by WebEx before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RONALD D. MADDEN,
Plaintiff,

4:12CV3090

vs.
MEMORANDUM AND ORDER
ANTON ANTONOV, AV
TRANSPORTATION, INC., THE
ANDERSONS, INC., BNSF RAILWAY
COMPANY,
Defendants.
After conferring with the parties,
IT IS ORDERED that the final progression order is amended as follows:
1)

The jury trial of this case is set to commence before John M. Gerrard,
United States District Judge, in Courtroom 1, United States Courthouse,
Lincoln, Nebraska, at 9:00 a.m. on March 9, 2015, or as soon thereafter as
the case may be called, for a duration of eight (8) trial days. 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. Jury selection will be held at the
commencement of trial.

2)

The Pretrial Conference is scheduled to be held before the undersigned
magistrate judge on February 24, 2015 at 11:00 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 23, 2015. An email will be sent to
counsel of record with the instructions and codes for participating in the
pretrial conference by WebEx.

3)

The deadline for completing written discovery on any issues disclosed by
the documents the railroad must produce following the court’s in camera
review is October 1, 2014, and any motions to compel responses to that
discovery shall be filed by October 15, 2014. No written discovery shall be
served, and no related motions to compel shall be filed, on issues other than
those disclosed in the documents the railroad is now ordered to produce.

4)

As to medical experts and vocational rehabilitation experts, the defendants’
deadline for identifying expert witnesses expected to testify at the trial and
deadline 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)), is October 1, 2014.

5)

The discovery deposition deadline is December 5, 2014.
deposition deadline is February 24, 2015.

6)

The deadline for filing motions to dismiss and motions for summary
judgment is November 14, 2014.

7)

The deadline for filing motions to exclude testimony on Daubert and
related grounds is November 14, 2014.

8)

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.

September 2, 2014.

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

2

The trial