Wulf v. Dixon Construction Co., Inc. et al

Filing 81

ORDER granting 80 Motion to Continue. --Jury Trial set for 2/22/2016 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 Co nference set for 2/9/2016 at 11:00 AM by WebEx before Magistrate Judge Cheryl R. Zwart.--Status Conference set for 12/8/2015 at 09:00 AM by Telephone 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
RENEE A WULF,
Plaintiff,

8:14CV34

vs.
ORDER
DIXON CONSTRUCTION CO., INC.,
JOSEPH LEEKLEY, SUMMIT TRUCK
EQUIPMENT, LLC, TRAIL KING
INDUSTRIES, Inc.; and HENDRICKSON
USA, LLC;
Defendants.
DIXON CONSTRUCTION CO., INC.
and JOSEPH LEEKLEY,
Third-Party Plaintiffs,
vs.
TRAIL KING INDUSTRIES, INC.,
HENDRICKSON USA, LLC, and
SUMMIT TRUCK EQUIPMENT, LLC,
Third-Party Defendants.
TRAIL KING INDUSTRIES, INC.,
Cross-claim Plaintiff,
vs.
DIXON CONSTRUCTION CO., INC.
and JOSEPH LEEKLEY,
Cross-Claim Defendants.
The plaintiff is undergoing further medical treatment.
Equipment, LLC has recently entered this case.

And Summit Truck

As such, the plaintiff and

defendant/third-party defendant Summit have orally moved to continue the progression
schedule. (Filing No. 80). The motion is unopposed. Accordingly,

IT IS ORDERED that the parties’ oral motion, (Filing No. 80), is granted, and the
final progression order is amended 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 February 22, 2016, or as soon thereafter as the
case may be called, for a duration of five (5) 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 February 9, 2016 at 11:00 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 February 8, 2016. An email will be sent to counsel
of record with the instructions and codes for participating in the pretrial
conference by WebEx.

3)

A telephonic conference with the undersigned magistrate judge will be held
on December 8, 2015 at 9:00 a.m. to discuss the status of case progression
and potential settlement. Counsel for plaintiff shall place the call.

4)

The deadline for moving to amend pleadings or add parties is March 16,
2015.

5)

The deadline for completing written discovery under Rules 33 through 36
of the Federal Rules of Civil Procedure is November 16, 2015. Motions to
compel Rule 33 through 36 discovery must be filed by November 30, 2015.

6)

The deadlines for identifying expert witnesses expected to testify at the
trial, (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)/third-party plaintiff(s):
For the third-party defendant(s):
Plaintiff(s)/third-party plaintiffs(s) rebuttal:

2

July 2, 2015
August 3, 2015
September 2, 2015
October 2, 2014

7)

The deadlines for complete expert disclosures for all experts expected to
testify at trial, (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)/third-party plaintiff(s):
For the third-party defendant(s):
Plaintiff(s)/third-party plaintiffs(s) rebuttal:

July 16, 2015
August 17, 2015
September 16, 2015
October 16, 2014

8)

The deposition deadline is December 15, 2015.

9)

The deadline for filing motions to dismiss and motions for summary
judgment is January 4, 2016. The parties are advised, however, that the
trial and pretrial conference may be continued on the court’s own motion if
dispositive motions are filed after November 1, 2015.1

10)

The deadline for filing motions to exclude testimony on Daubert and
related grounds is January 4, 2016.

11)

In all other respects, the court’s prior progression order remains in effect as
to all parties.2

January 14, 2015.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

1

To facilitate the court’s review, the parties are strongly encouraged to include hyperlinks to the
evidence, CM/ECF record, and all legal authorities cited within their briefs filed in support of, or
in opposition to, any motions filed. See NECivR 7.1. For instructions, see “Hyperlinking
Information” at http://www.ned.uscourts.gov/attorney/electronic-case-filing.
2

When the Rule 26(f) Report, (Filing No. 30), was filed, Summit was not a party and did not
participate in creating the report. It has, however, reviewed the report and agrees to be bound its
terms. A new Rule 26(f) Report is not required, and Summit need not draft a supplement to the
previously filed report.

3