Theer v. BNSF Railway Company

Filing 41

ORDER- Any motion to compel Defendant's production of the topographical survey conducted by Defendant's expert on August 10, 2016 shall be filed on or before December 15, 2016. Any response shall be filed within seven days thereafte r. No reply shall be filed absent leave of the court for good cause shown. Any motion and response filed in accordance with this order shall address both of the following issues: a) whether the topographical survey must be disclosed as part of Def endant's expert disclosure obligations under Rule 26(a)(2)(B)(ii-iii), and b) whether Defendant's failure to disclose the topographical survey before the rebuttal expert deadline provides a basis for finding good cause to permit Plaintiff's untimely disclosure of a rebuttal expert. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EUGENE THEER, JEANETTE THEER,
AND JASON THEER,
4:15CV3148
Plaintiffs,
vs.

ORDER

BNSF RAILWAY COMPANY, a Foreign
Corporation;
Defendant.
After conferring with counsel,

IT IS ORDERED:

1)

Any motion to compel Defendant’s production of the topographical survey
conducted by Defendant’s expert on August 10, 2016 shall be filed on or
before December 15, 2016.

2)

Any response shall be filed within seven days thereafter.

3)

No reply shall be filed absent leave of the court for good cause shown.

4)

Any motion and response filed in accordance with this order shall address
both of the following issues:
a)

whether the topographical survey must be disclosed as part of
Defendant’s expert disclosure obligations under Rule 26(a)(2)(B)(iiiii), and

b)

whether Defendant’s failure to disclose the topographical survey
before the rebuttal expert deadline provides a basis for finding good
cause to permit Plaintiff’s untimely disclosure of a rebuttal expert.

December 8, 2016.

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