Russell v. Werner Enterprises, Inc.

Filing 383

SECOND AMENDED ORDER SETTING TRIAL- The Joint Stipulation to Extend Deadlines (Filing No. 373 in the Lead Case et al.) is granted, and the Amended Order Setting Trial is amended. The Pretrial Conference remains scheduled before the undersigned m agistrate judge on May 1, 2024, at 11:00 a.m. CST, and will be conducted by internet/telephonic conferencing. The jury trial of this case remains set to commence before Joseph F. Bataillon, Senior United States District Judge, in Courtroom 3, Rom an 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. 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-MDNOrdered 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,
and
WILLIAM SMITH, on behalf of himself and all
others similarly situated, and on behalf of the
general public,

8:14CV319
SECOND AMENDED
ORDER SETTING TRIAL

8:15CV287
SECOND AMENDED
ORDER SETTING TRIAL

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

8:17CV145
SECOND AMENDED
ORDER SETTING TRIAL

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

8:20CV227
SECOND AMENDED
ORDER SETTING TRIAL

WERNER ENTERPRISES, INC., et al.,
Defendants.
This matter is before the Court on the Joint Stipulation to Extend Deadlines (Filing No.
373 in the Lead Case et al.). After review of the parties’ motion, the Court finds good cause to
grant the requested extensions. Accordingly,
IT IS ORDERED that Joint Stipulation to Extend Deadlines (Filing No. 373 in the Lead
Case et al.) is granted, and the Amended Order Setting Trial is amended as follows:
1)

The deadline to respond to pending discovery requests from the Abarca Plaintiffs
is July 6, 2023.

2)

The deadline for completing written discovery under Rules 33, 34, 36, and 45 of
the Federal Rules of Civil Procedure is July 21, 2023. Motions to compel written
discovery under Rules 33, 34, 36, and 45 must be filed by August 4, 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.

3)

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 18, 2023
October 6, 2023
October 27, 2023

4)

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is November 17, 2023.

5)

The deadline for filing motions to dismiss and motions for summary judgment is
December 1, 2023.

6)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is December 18, 2023.

7)

The Pretrial Conference remains 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.

8)

The jury trial of this case remains 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.

9)

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 8th day of June, 2023.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge

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