Russell v. Werner Enterprises, Inc.

Filing 373

AMENDED ORDER SETTING TRIAL- Plaintiffs' Unopposed Motion to Extend Fact Discovery and Corresponding Deadlines (Filing No. 372 in the Lead Case, et al.) is granted, and the Order Setting Trial is amended as set forth within the order. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN, 8:20-cv-00227-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EZEQUIEL OLIVARES ABARCA, et al,
individually and on behalf of all those similarly
situated,

8:14CV319
AMENDED
ORDER SETTING TRIAL

and
WILLIAM SMITH, on behalf of himself and all
others similarly situated, and on behalf of the
general public,

8:15CV287
AMENDED
ORDER SETTING TRIAL

and
BRIAN VESTER and JOEL MORALES,
individually and on behalf of all others
similarly situated,

8:17CV145
AMENDED
ORDER SETTING TRIAL

and
DANIEL BRYANT, individually and on behalf
of all others similarly situated,
Plaintiffs,
vs.

8:20CV227
AMENDED
ORDER SETTING TRIAL

WERNER ENTERPRISES, INC., et al.,
Defendants.
This matter is before the Court on Plaintiffs’ Unopposed Motion to Extend Fact
Discovery and Corresponding Deadlines (Filing No. 372 in the Lead Case). Due to the large
volume of messaging data produced by Defendants in compliance with the Court’s prior Order
(Filing No. 367 in the Lead Case), it has taken Plaintiffs’ experts longer than anticipated to
prepare the data for use in depositions. Plaintiffs therefore request an extension of case deadlines
so their experts can complete preparation of the messaging data. After review of the motion, and
for good cause shown,
IT IS ORDERED that Plaintiffs’ Unopposed Motion to Extend Fact Discovery and
Corresponding Deadlines (Filing No. 372 in the Lead Case, et al.) is granted, and the Order
Setting Trial is amended as follows:
1)

The deadline for completing written discovery under Rules 33, 34, 36, and 45 of
the Federal Rules of Civil Procedure is July 7, 2023. Motions to compel written
discovery under Rules 33, 34, 36, and 45 must be filed by July 21, 2023.
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.
2)

The deadlines for identifying expert witnesses and completing 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 plaintiffs:
For the defendant:
Plaintiffs’ rebuttal:

August 4, 2023
September 22, 2023
October 13, 2023

3)

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is November 3, 2023.

4)

The deadline for filing motions to dismiss and motions for summary judgment is
November 17, 2023.

5)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is December 4, 2023.

6)

The Pretrial Conference is scheduled before the undersigned magistrate judge on
May 1, 2024, at 11:00 a.m. CST, and will be conducted by internet/telephonic
conferencing. Video conferencing instructions will be entered under separate
order. The parties’ proposed Pretrial Conference Order and Exhibit List(s) must
be emailed to [e-mail], in Word format, by 3:00 p.m. on April
22, 2024.

7)

The jury trial of this case is set to commence before Joseph F. Bataillon, Senior
United States District Judge, in Courtroom 3, Roman L. Hruska Federal
Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on May 28,
2024, or as soon thereafter as the case may be called, for a duration of nine (9)
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.

8)

Motions in limine shall be filed seven days before the pretrial conference. It is
not the normal practice to hold hearings on motions in limine or to rule on them
prior to the first day of trial. Counsel should plan accordingly.

Dated this 3rd day of February, 2023.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge

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