Russell v. Werner Enterprises, Inc.

Filing 292

AMENDED CASE PROGRESSION ORDER - that the Parties' Stipulation to Extend Discovery and Motion Deadlines (Filing No. 291 ) is granted and the case progression order is amended as follows: The non-expert witness deposition deadline is January 29, 2021. The expert witness deposition deadline is August 16, 2021. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (LKO)

8:14-cv-00319-JFB-MDN Doc # 292 Filed: 07/23/20 Page 1 of 2 - Page ID # 4456

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EZEQUIEL OLIVARES ABARCA, ALFREDO
ALESNA JR., DAVID CAGLE, STEPHEN L.
DAVIS, FRANK EADS, and KENNETH J.
SURMAN, individually and on behalf of all
those similarly situated,
Plaintiffs,

8:14CV319

AMENDED
CASE PROGRESSION ORDER

vs.
WERNER ENTERPRISES, INC., DRIVERS
MANAGEMENT, LLC, and DOES 1-100,
inclusive,
Defendants.
WILLIAM SMITH, on behalf of himself and all
others similarly situated, and on behalf of the
general public,
Plaintiff,

8:15CV287
AMENDED
CASE PROGRESSION ORDER

vs.
WERNER ENTERPRISES, INC., d/b/a
C.L. WERNER, INC., a corporation, and
DOES 1-100, inclusive,
Defendants.
BRIAN VESTER and JOEL MORALES,
individually and on behalf of all others
similarly situated,
Plaintiffs,

8:17CV145

vs.
AMENDED
CASE PROGRESSION ORDER
WERNER ENTERPRISES, INC., and
DRIVERS MANAGEMENT, LLC;
Defendants.

8:14-cv-00319-JFB-MDN Doc # 292 Filed: 07/23/20 Page 2 of 2 - Page ID # 4457

This matter comes before the Court on the Parties’ Stipulation to Extend Discovery and
Motion Deadlines (Filing No. 291 in the lead case). After review of the parties’ stipulation, the
Court finds good cause to grant the requested extensions. Accordingly,
IT IS ORDERED that the Parties’ Stipulation to Extend Discovery and Motion
Deadlines (Filing No. 291) is granted and the case progression order is amended as follows:
1)

The non-expert witness deposition deadline is January 29, 2021.

2)

The deadline for completing written discovery under Rules 33, 34, and 36 of the
Federal Rules of Civil Procedure is January 29, 2021. Motions to compel
discovery under Rules 33, 34, and 36 must be filed by February 12, 2021.
Note: A motion to compel, to quash, or for a disputed protective order shall not
be filed without first contacting the chambers of the undersigned magistrate
judge on or before the motion to compel deadline to set a conference to discuss
the parties’ dispute, and after being granted leave to do so by the Court.

3)

The deadline to identify affirmative expert witnesses and to complete
affirmative 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)), is April 2, 2021.

4)

The deadline to identify rebuttal expert witnesses and to complete rebuttal
expert disclosures is June 4, 2021.

5)

The expert witness deposition deadline is August 16, 2021.

6)

The deadline for filing motions to dismiss and motions for summary judgment
is October 15, 2021.

7)

Within 7-days after the Court rules on all motions for summary judgment the
parties shall contact the undersigned magistrate judge to schedule a telephone
conference to discuss the scheduling of the pretrial conference and trial.

8)

The parties shall comply with all other stipulations and agreements recited in
their Rule 26(f) planning report that are not inconsistent with this order.

9)

All requests for changes of deadlines or settings established herein shall be
directed to the undersigned magistrate judge. Such requests will not be
considered absent a showing of due diligence in the timely progression of this
case and the recent development of circumstances, unanticipated prior to the
filing of the motion, which require that additional time be allowed.

Dated this 23rd day of July, 2020.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge