Union Pacific Railroad Company v. Colony National Insurance Company et al

Filing 141

SECOND AMENDED CASE PROGRESSION ORDER granting 140 Motion to Amend. The deadlines are amended as set out in this order. The final pretrial conference is set for 12/18/2017 at 9:30 AM in chambers before the assigned magistrate judge. A jury trial before Chief Judge Laurie Smith Camp is set for the week of 1/16/2018. Ordered by Magistrate Judge F.A. Gossett. (ARL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNION PACIFIC RAILROAD COMPANY,

CASE NO.: 8:13-cv-00084

Plaintiff,
SECOND AMENDED CASE
PROGRESSION ORDER

vs.
COLONY NATIONAL INSURANCE
COMPANY, DeANGELO BROTHERS INC.
and AMERICAN HOME ASSURANCE
COMPANY, d/b/a AIG, INC.,
Defendants.

This case is before the court on the parties’ Joint and Uncontested Motion for
Amendment of Case Progression Order (Filing No. 140). The motion will be granted.
IT IS ORDERED: The case will progress as follows:
1. Expert Witnesses.
a. No later than February 1, 2017, Plaintiff shall designate experts and serve
opposing parties with the statement required by Fed. R. Civ. P. 26(a)(2).
b. No later than April 1, 2017, Defendants shall designate expert and serve opposing
parties with the statement required by Fed. R. Civ. P. 26(a)(2).
c. If necessary to refute the disclosed opinions of an expert witness of an opponent,
Plaintiff may disclose additional expert witnesses no later than May 1, 2017,
provided that Plaintiff provides all of the information described in Fed. R. Civ. P.
26(a)(2) at that time.
2. Fact and Expert Discovery
a. No later than June 1, 2017, all fact discovery shall be completed, including all
depositions.
b. No later than July 1, 2017, all expert discovery shall be completed, including all
depositions.

3. Dispositive Motions:
a. Motions for Summary Judgment. Motions for summary judgment shall be filed
no later than August 15, 2017.
4. Pretrial Disclosures. Pursuant to Fed. R. Civ. P. 26(a)(3), each party shall serve
opposing counsel and file a redacted version as applicable with the following information
regarding the evidence it may present at trial, other than solely for impeachment
purposes, as soon as practicable, but no later than the dates specified below:
a. Non-expert Witnesses – No later than October 1, 2017, the name address and
telephone number of each witness, separately identifying those whom the party
expects to present and those whom the party may call if the need arises.
b. Deposition Testimony and Discovery – No later than October 15, 2017, the
designation of discovery testimony and discovery responses intended to be
utilized at trial.
c. Trial Exhibits – No later than October 15, 2017, a list of all exhibits expected to
be offered at trial, including a numbered listing and accessibility for examination
of such exhibits, designating on the list those exhibits that may be offered only if
the need arises.
d. Waiver of Objections. Any and all objections to the use of the witnesses,
deposition testimony, discovery responses, or exhibits disclosed pursuant to the
above subparagraphs, including any objection pursuant to Fed. R. Civ. P. 32(a)
that a deponent is available to testify at the trial, shall be made a part of the
pretrial order. Failure to list objections (except those under Fed. R. Evid. 402 and
403) is a waiver of such objections, unless excused by the court for good cause
shown.
5. Motions in Limine. Motions to exclude expert testimony on Daubert and related
grounds will be filed no later than November 15, 2017. All other motions in limine shall
be filed no later than November 1, 2017.
6. Final Pre-trial Conference with the assigned magistrate judge is set for December 18,
2017, at 9:30 A.M. The final pretrial conference shall be attended by lead counsel for
represented parties.
7. A jury trial is set for January 16, 2018, before the Chief Judge Laurie Smith Camp.
Dated this 28th day of December, 2016.
BY THE COURT:

s/F.A. Gossett, III
United States Magistrate Judge

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