Theer v. BNSF Railway Company

Filing 38

ORDER granting 37 Motion to Continue. Jury Trial set for May 15, 2017 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. Pretrial Conference set for 4/25/2017 at 11:00 AM by Internet/Telephonic Conferencing (see filing 10 ) 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
EUGENE THEER, JEANETTE THEER,
AND JASON THEER,
4:15CV3148
Plaintiffs,
vs.

AMENDED PROGRESSION
ORDER

BNSF RAILWAY COMPANY, a Foreign
Corporation;
Defendant.
After conferring with counsel,
IT IS ORDERED that the final progression order is amended as follows:
1)

The jury trial of this case is set to commence before Richard G. Kopf,
Senior United States District Judge, in Courtroom 1, United States
Courthouse, Lincoln, Nebraska, at 9:00 a.m. on May 15, 2017, or as soon
thereafter as the case may be called, for a duration of three (3) 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 April 25, 2017 at 11:00 a.m., and will be conducted by
internet/telephonic conferencing. Counsel shall use the conferencing
instructions assigned to this case, (see Filing No. 10), to participate in the
conference 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 April 24, 2017.

3)

Motions to compel Rule 33 through 36 discovery must be filed by
December 7, 2016.
Note: Motions to compel shall not be filed without first contacting the
chambers of the undersigned magistrate judge to set a conference for
discussing the parties’ dispute.

4)

The deadline for Plaintiff’s complete rebuttal expert disclosure, (for both
retained, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R.
Civ. P. 26(a)(2)(C)), is November 30, 2016.

5)

The deposition deadline is January 5, 2017.

6)

The deadline for filing motions to dismiss and motions for summary
judgment is January 26, 2017. 1

7)

The deadline for filing motions to exclude testimony on Daubert and
related grounds is January 26, 2017.

November 4, 2016.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

1

To facilitate the court’s review, the parties are strongly encouraged to include hyperlinks to the
evidence, CM/ECF record, and all legal authorities cited within their briefs filed in support of, or
in opposition to, any motions filed. See NECivR 7.1. For instructions, see “Hyperlinking
Information” at http://www.ned.uscourts.gov/attorney/electronic-case-filing.

2