Seger et al v. Ernest-Spencer Metals

Filing 272

ORDER granting in part and denying in part 268 Motion to Extend; sustaining, in part, 271 Objection. The Scheduling Order 104 and Text Order 224 are amended to extend expert disclosure and testing deadlines. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA GAREY E. SEGER and TWILA SEGER, ) ) ) Plaintiffs, ) ) LIBERTY MUTUAL INSURANCE, ) ) Intervenor, ) ) vs. ) ) ERNEST-SPENCER METALS, INC., et al.,) ) Defendants. )

8:08CV75

ORDER

This matter is before the court on the defendants' Motion for Extension of Case Progression (Filing No. 268) and the plaintiffs' objection (Filing No. 271). The court held a telephone conference regarding these filings and the status of the case on December 28, 2009. For the reasons stated during the conference, the defendants' motion will be granted, in part, and denied, in part, as set forth herein. Upon consideration, IT IS ORDERED: 1. The defendants' Motion for Extension of Case Progression (Filing No. 268)

is granted, in part, and denied, in part, as follows. a. The defendants shall complete any testing on the I-beam on or

before January 15, 2010, such testing may be completed in California. b. The defendants shall have to on or before January 30, 2010, to

serve expert disclosures regard expert witnesses related to causation. c. The plaintiffs shall have to on or before February 26, 2010, to serve

rebuttal expert disclosures. 2. The plaintiffs' objection (Filing No. 271) is sustained, in part, and overruled,

in part, as set forth herein. DATED this 28th day of December, 2009. BY THE COURT: s/ Thomas D. Thalken United States Magistrate Judge