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

Filing 154

FOURTH AMENDED CASE PROGRESSION ORDER granting the parties' Joint and Uncontested Motion to Amend 153 . The Final Pretrial Conference and Trial dates remain unchanged. Ordered by Magistrate Judge Michael D. Nelson. (CS)

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

8:13CV84

vs.
COLONY NATIONAL INSURANCE
COMPANY, DEANGELO BROTHERS, Inc.;
and AMERICAN HOME ASSURANCE
COMPANY,

FOURTH AMENDED CASE
PROGRESSION ORDER

Defendants.
This case is before the Court on the parties’ Joint and Uncontested Motion to Amend
Case Progression Order (Filing No. 153). For good cause shown, the Court finds the motion
should be granted. Accordingly,

IT IS ORDERED:

The parties’ Joint and Uncontested Motion to Amend Case

Progression Order (Filing No. 153) is granted, and case progression deadlines are amended as
follows:
1.

Fact and Expert Discovery.
a.

b.

2.

No later than September 30, 2017, all fact discovery shall be completed
including depositions.
No later than September 30, 2017, all expert discovery shall be
completed, including all depositions.

Dispositive Motions.
a.

3.

Motions for Summary Judgment. Motions for Summary Judgment shall
be filed no later than November 15, 2017.

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 December 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 December 15,
2017, the designation of discovery testimony and discovery responses
intended to be utilized at trial.

c.

Trial Exhibits – No later than December 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.

4.

Motions in Limine. Motions to exclude expert testimony on Daubert and related
grounds will be filed no later than January 15, 2018. All other motions in
limine shall be filed no later than February 16, 2018.

5.

The Final Pretrial Conference and Trial dates remain unchanged.

Dated this 31st day of July, 2017.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge

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