Morriss v. BNSF Railway Company

Filing 48

ORDER granting 43 Motion to Extend ; granting 25 Motion to Continue> Jury Trial set for 7/7/2014 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Senior Judge Richard G. Kopf. Pretrial Conference set for 6/24/2014 at 09:00 AM 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
MELVIN A MORRISS III, an individual;
Plaintiff,

8:13CV24

vs.
MEMORANDUM AND ORDER
BNSF RAILWAY COMPANY, a
Delaware corporation;
Defendant.
IT IS ORDERED that the final progression order is as follows:
1)

The jury trial of this case is set to commence before Richard G. Kopf,
Senior United States District Judge, in the Special Proceedings Courtroom,
Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha,
Nebraska, at 9:00 a.m. on July 7, 2014, or as soon thereafter as the case
may be called, for a duration of four (4) 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 June 24, 2014 at 9:00 a.m., and will be conducted by
WebEx conferencing. To facilitate this conferencing method, 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 June 23, 2014. An email will be sent to counsel of record with the
instructions and codes for participating in the pretrial conference by
WebEx.

3)

The deadline for completing written discovery under Rules 33 through 36
of the Federal Rules of Civil Procedure is February 18, 2014. Motions to
compel Rule 33 through 36 discovery must be filed by February 4, 2014.

4)

The railroad’s motion to extend the time to respond to the plaintiff’s motion
to compel, (Filing No. 43), is granted. The defendant’s brief shall be filed
on or before October 25, 2013.

5)

The plaintiff’s motion to continue the expert disclosure deadlines, (Filing
No. 25), is granted. The deadlines for identifying expert witnesses

expected to testify at the trial and for serving complete expert disclosures,
(both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained
experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:
For the plaintiff(s):
For the defendant(s):

December 2, 2013.
January 3, 2014.

6)

The deposition deadline is February 18, 2014.

7)

The deadline for filing motions to dismiss and motions for summary
judgment is March 14, 2014.

8)

The deadline for filing motions to exclude testimony on Daubert and
related grounds is March 14, 2014.

October 16, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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