Whitt v. Union Pacific Railroad Company

Filing 18

AMENDED ORDER FOR INITIAL PROGRESSION OF CASE granting 17 Motion to Amend. A telephone conference with the undersigned magistrate judge will be held on August 16, 2013, at 10:00 a.m. for the purpose of reviewing the preparation of the case to da te and the scheduling of the case to trial. Plaintiff's counsel shall initiate the call. Trial is tentatively set for the month of March, 2014, and is tentatively scheduled for five days trial days. Ordered by Magistrate Judge Thomas D. Thalken. (ADB, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JARED L. WHITT,

)
)
Plaintiff,
)
)
v.
)
)
UNION PACIFIC RAILROAD COMPANY, )
)
Defendant.
)

8:12CV358
AMENDED
ORDER FOR INITIAL
PROGRESSION OF CASE

This matter is before the court on the parties’ Joint Motion to Amend Order for Initial
Progression of Case (Filing No. 17). The parties motion is granted as set forth below.
IT IS ORDERED:
1.
The filing of disclosures under Fed. R. Civ. P. 26(a)(1), and (2), as well as
the filing of discovery documents, depositions, and disclosures required by this order shall
be governed by NECivR 26.1. The disclosures required by Fed. R. Civ. P. 26(a)(3) shall
be filed when served. Note: Disclosures that are filed should be redacted so no
personal information (e.g., home addresses, phone numbers, Social Security
numbers, etc.) is made part of the public record.
2.
Withholding Documents from Disclosure or Discovery. If any document
is withheld from production or disclosure on the grounds of privilege or work product, the
producing party shall disclose the following information about each such document
withheld: a description of the document withheld with as much specificity as is practicable
without disclosing its contents, including (a) the general nature of the document; (b) the
identity and position of its author; (c) the date it was written; (d) the identity and position of
its addressee; (e) the identities and positions of all persons who were given or have
received copies of it and the dates copies were received by them; (f) the document's
present location and the identity and position of its custodian; and (g) the specific reason
or reasons why it has been withheld from production or disclosure.
3.
Limits on Discovery. Each party is limited to serving one hundred (100)
interrogatories on any other party. The plaintiffs as a group, and the defendants as a
group, are each limited to taking eight (8) depositions in this case, without leave of court.
4.
Adding Parties; Amending Pleadings. Any motion to amend pleadings
and/or add parties shall be filed not later than July 1, 2013, by the plaintiff, and not later
than July 22, 2013, by the defendant.
5.
Planning Conference. A telephone conference with the undersigned
magistrate judge will be held on August 16, 2013, at 10:00 a.m. for the purpose of

reviewing the preparation of the case to date and the scheduling of the case to trial.
Plaintiff’s counsel shall initiate the call. (At the request of the parties, the conference
may be held in chambers). Prior to the conference counsel for the parties shall have:
a.
b.

c.

d.

Disclosed the names, addresses, and affiliations with
any party of all non-expert witnesses;
Completed a conference with opposing counsel
concerning outstanding discovery disputes as required
by NECivR 7.0.1(i);
Discussed with opposing counsel plans for completing
the depositions of expert witnesses and other remaining
discovery and the filing of motions for summary
judgment;
Discussed with opposing counsel any other matters
which may influence the setting of this case for trial.

6.
Identification of Expert Witnesses. The parties shall disclose at least the
names and addresses of all expert witnesses expected to testify for that party at trial, as
soon as practicable but not later than June 14, 2013, for the plaintiff, and not later than
August 14, 2013, by the defendant. The deadlines for expert disclosures as required by
Rule 26(a)(2) will be scheduled at the time of the planning conference.
7.
Motions to alter dates. All requests for changes of deadlines established
by this order shall be directed to the magistrate judge by appropriate motion.
8.
The stipulations of the parties regarding discovery and progression matters
set forth in their planning report to the court, not in conflict with the provisions of this order,
are approved and adopted. The stipulations for dismissal and/or striking of claims and/or
defenses contained in the parties’ planning report are approved and adopted, and all of
such claims and/or defenses are hereby dismissed and/or stricken.
9.
Trial is tentatively set for the month of March, 2014, and is tentatively
scheduled for five days trial days.
DATED this 13th day of February, 2013.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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