Petrone v. Werner Enterprises, Inc. et al

Filing 295

2ND AMENDED FINAL PROGRESSION ORDER - This matter is before the court on the parties' Stipulated Progression Order 294 . Final Pretrial Conference set for 8/24/2015 at 09:30 AM in Chambers before Magistrate F. A. Gossett. Jury Trial set for 9/8/2015 at 09:00 AM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3Ordered by Senior Judge Lyle E. Strom. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

PHILIP PETRONE, et al

Plaintiffs,
vs.
WERNER ENTERPRISES, INC., d/b/a
WERNER TRUCKING, and DRIVERS
MANAGEMENT, LLC
Defendants.

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8:11CV401

2ND AMENDED FINAL
PROGRESSION ORDER

__________________________________
PHILIP PETRONE, et al.,
Plaintiffs,
vs.
WERNER ENTERPRISES, INC. d/b/a
WERNER TRUCKING and DRIVERS
MANAGEMENT, LLC,
Defendants.

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8:12CV307

2ND AMENDED FINAL
PROGRESSION ORDER

This matter is before the court on the parties’ Stipulated Progression Order [294].

IT IS ORDERED:
1.

Discovery Deadline. All discovery, whether or not intended to be used at

trial, shall be completed by April 1, 2014. All interrogatories, requests for admission
and requests for production or inspection, whether or not they are intended to be used
at trial, shall be served sufficiently early to allow rule time response before that date.
Counsel may stipulate to extensions of time to respond to discovery requests in

accordance with Fed. R. Civ. P. 29, as amended, but such extensions shall not extend
any of the dates in this order; any requests for extensions of any of the deadlines herein
shall be made by appropriate motion and order.
2.

Limits on Discovery. Each party is limited to serving twenty-five (25)

interrogatories, including subparts, on any other party. Each party is limited to taking
ten (10) depositions in this case, without leave of court.

Depositions shall be limited

by Rule 30(d)(2).
3.

Disclosure of Expert Witnesses.1 On or before January 15, 2014, the

plaintiffs shall identify all expert witnesses and shall serve the defendants with the
statement required by Fed. R. Civ. P. 26(a)(2) regarding each expert witness it expects
to call to testify at trial pursuant to the provisions of Rule 702, 703 or 705, Fed. Rules of
Evidence. If necessary to refute the disclosed opinions of an expert witness of plaintiffs,
defendants may disclose additional expert witnesses not later than December 5, 2014,
provided that the disclosing party then provides all of the information described in Fed.
R. Civ. P. Rule 26(a)(2) and makes the expert witness available for deposition prior to
the date set for completion of deposition. The plaintiff’s may petition the court for a
reply report, not later than January 12, 2015. Supplementation of these disclosures, if
originally made prior to these deadlines, shall be made on these deadlines as to any
information for which supplementation is addressed in Fed. R. Civ. P. 26(e). The
testimony of the expert at trial shall be limited to the information disclosed in accordance
with this paragraph.
4.

Pretrial Disclosures: Pursuant to Fed. R. Civ. P. 26(a)(3), each party

shall provide to all other parties the following information regarding the evidence that it
may present at trial other than solely for impeachment purposes as soon as practicable
but not later than the date specified:
A.

Nonexpert Witnesses - 30 days prior to deposition deadline: The
name, address and telephone number of each witness, separately

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Generally, a treating physician shall not be deemed to be “retained or specially employed to provide expert
testimony in a case” within the meaning of Fed. R. Civ. P. 26(a)(2)(B), but a treating physician must be identified
pursuant to Fed. R. Civ. P. 26(a)(2)(A).
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identifying those whom the party expects to present and those whom the
party may call if the need arises.
B.

Deposition Testimony and Discovery - 5 days before final pretrial
conference: 1) The portions of each deposition, designated by page and
line, that it intends to offer and 2) each discovery response of another
party it intends to offer. Such designations and any objections thereto
shall also be included in the final pretrial conference order. See NELR
16.2.

C.

Trial Exhibits - 5 working days before final pretrial conference: A list
of all exhibits it expects to offer by providing a numbered listing and
permitting examination of such exhibits. The parties shall also designate
on the list those exhibits it may offer only if the need arises.

D.

Waiver of Objections: Any objections to the use of witnesses, deposition
designations, discovery responses, or exhibits shall be listed in the pretrial
order. Failure to list objections (except those under Fed. R. Evid. 402 and
403) shall be deemed waived, unless excused by the court for good cause
shown.

E.

Filing of Disclosures: The filing of pretrial disclosures required by Fed.
R. Civ. P. 26(a)(3) shall be deemed filed at the time of the filing of the
Order on Final Pretrial Conference in this matter.

5.

Expert Witness Testimony. The parties' shall file their Expert

Depositions by March 2, 2015. Any motion in limine challenging the admissibility of
testimony of an expert witness under Rule 702, Fed. Rules of Evidence shall be filed not
later than April 13, 2015, in the absence of which any objection based upon said rule
shall be deemed waived. See Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137
(1999); Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).
6.

Rule 104 Hearings. Any pretrial motion which will require an evidentiary

hearing pursuant to Fed. R. Evid. 104 shall be filed not later than five (5) working days
following the deadline for the completion of depositions.

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In addition, if the requested hearing involves a Daubert - Kumho question
regarding an expert, the expert’s disclosure under Fed. R. Civ. P. 26(2)(2)(A)&(B) must
be submitted to Judge Strom’s chambers when the motion is filed.
Absence of a request for a hearing may be deemed waiver of the right to a
hearing. A brief in support and all material regarding the requested hearing must be
delivered to Judge Strom’s chambers when the Rule 104 hearing motion is filed.
Opposing parties- are given ten (10) days thereafter to deliver briefs in opposition.
7.

All motions for summary judgment shall be filed on or before May 15,

2015. See NELR 56.1 and 7.1. All motions to decertify the class shall be filed on or
before May 15, 2015. Plaintiffs may file a response on or before June 19, 2015.
Defendants may file a reply on or before July 10, 2015
8.

The Final Pretrial Conference is set for August 24, 2015 at 9:30

a.m. before Magistrate F. A. Gossett, in chambers, Suite 2210, Roman L. Hruska
United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The final pretrial
conference shall be attended by lead counsel for represented parties. Counsel shall
complete prior to the pretrial conference, all items as directed in NELR 16.2. By the
time of the pretrial conference, full preparation for trial shall have been made so that trial
may begin at any time during the session indicated below.
9.

All other provisions of parties joint planning conference report not

addressed in this order shall be deemed submitted and adopted by the Court.
10.

Trial is set to commence at 9:00 a.m. on September 8, 2015 in Omaha,

Nebraska, before the Honorable Lyle E. Strom and a jury.
11.

Motions to Alter Dates. All requests for changes of date settings shall be

directed to the undersigned judge by appropriate motion.

DATED this 21st day of November, 2014.
BY THE COURT:
s/ LYLE E. STROM
United States District Judge
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