Quiles v. Union Pacific Railroad Company, Incorporated, et al

Filing 108

AMENDED FINAL PROGRESSION ORDER - granting 107 Motion to Extend. Jury Trial set for 6/4/2018 in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Pretrial Conference set for 5/11/2018 at 10:00 AM in Chambers before Magistrate Judge Susan M. Bazis. Ordered by Magistrate Judge Susan M. Bazis. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RODOLFO A. QUILES,
Plaintiff,
vs.

8:16CV330
AMENDED FINAL
PROGRESSION ORDER

UNION PACIFIC RAILROAD COMPANY,
INCORPORATED, RODNEY N. DOERR,
EDWARD ADELMAN, TRACY SCOTT, and
KATHLEEN HUGHES, individually;
Defendants.
This matter is before the Court on the Joint Motion of the parties to Extend Progression
Order Deadlines. (Filing No. 107.) This Motion is granted.
Accordingly,
IT IS ORDERED that the provisions of the Court's earlier, initial progression order
remain in effect, and in addition to those provisions, the following shall apply:
1.
Motions for Summary Judgment. Motions for summary judgment shall be filed
not later than February 16, 2018. See NECivR 56.1 and NECivR 7.1.
2.

Discovery Deadlines:
a. Deposition Deadline. All depositions, whether or not they are intended to be
used at trial, shall be completed by January 26, 2018.
b. Written Discovery Deadline. All interrogatories, requests for admission and
requests for production or inspection, whether or not they are intended to be
used at trial, shall be completed by December 29, 2017. Counsel may
stipulate to extensions of time to respond to discovery requests in accordance
with Fed. R. Civ. P. 29, but such extensions shall not extend any of the dates
in this order; any request to extend the deadlines of this order shall be
sought by motion.
c. Discovery Motions. Discovery motions shall be filed not later than January
30, 2018, as to matters which are then ripe for decision; discovery matters
arising after that date may be the subject of motions until the deposition
deadline. Counsel are reminded of the provisions of NECivR 7.1(i). Motions
to compel shall not be filed without first contacting the chambers of the
undersigned magistrate judge to set a conference to discuss the parties’
dispute.

3.
Disclosure of Expert Witnesses.1 Each plaintiff, counter-claimant, and crossclaimant shall identify expert witnesses by August 18, 2017 and shall serve expert reports by
August 18, 2017. Each Defendant, Counter-Defendant, and Cross-Defendant shall identify
expert witnesses and serve expert reports by December 29, 2017. If necessary to refute the
disclosed opinions of an expert witness of an opponent, a plaintiff, counter-claimant, or crossclaimant may disclose additional expert witnesses not later than January 19, 2018, provided that
the disclosing party then provides all of the information described in Fed. R. Civ. P. Rule
26(a)(2) and makes the expert witness available for deposition prior to the date set for
completion of depositions. Supplementation of these disclosures, if originally made prior to
these deadlines, shall be made on these deadlines as to any information for which
supplementation is addressed in Fed. R. Civ. P. 26(e). The testimony of the expert at trial shall
be limited to the information disclosed in accordance with this paragraph.
4.
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 not later than the date specified:
a. Nonexpert Witnesses - On or before April 9, 2018: The name, address and
telephone number2 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 - The designation of discovery
testimony and discovery responses intended to be utilized at trial is not
required at this time.
c. Trial Exhibits - On or before April 9, 2018: A list of all exhibits it expects
to offer by providing a numbered listing and permitting examination of such
exhibits, designating on the list those exhibits it may offer 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.

1

A treating physician must be identified pursuant to Fed. R. Civ. P. 26(a)(2)(A), but a treating
physician is not deemed to be "retained or specially employed to provide expert testimony in the case" so
as to require a written report under Fed. R. Civ. P. 26(a)(2)(B).
2

In accordance with the E-Government Act, counsel shall, on witness lists, exhibits, and other
disclosures and/or documents filed with the Court, redact Social Security numbers, home addresses,
telephone numbers, and other personally identifying information of witnesses, but shall serve an
unredacted version on opposing parties. See NECivR 5.3.

2

402 and 403) is a waiver of such objections, unless excused by the Court for
good cause shown.
5.

Motions in Limine.
a. Motions in limine challenging the admissibility of expert testimony at trial
under Fed. R. Evid. 702, see Kumho Tire Co., Ltd. v. Carmichael, 526 U.S.
137 (1999), and Daubert v. Merrell-Dow Pharmaceuticals, 509 U.S. 579
(1993), shall be filed by February 16, 2018, and accompanied by a request
for a hearing if necessary. Failure to timely move for a hearing may constitute
waiver of the request for a hearing.
b. Any other motions in limine shall be filed on or before April 26, 2018.

6.
The Final Pretrial Conference with the assigned magistrate judge is set for May
11, 2018, at 10:00 a.m. in chambers, 111 South 18th Plaza, Suite 2271, Roman L. Hruska
United States Courthouse, Omaha, Nebraska. The final pretrial conference shall be attended by
lead counsel for represented parties. Counsel shall complete prior to the pretrial conference, all
items as directed in NECivR 16.2.3 By the time of the pretrial conference, full preparation for
trial shall have been made so that trial may begin immediately thereafter. The pretrial
conference will include a discussion of settlement, and counsel shall be prepared through
investigation, discovery and communication with clients and insurers, if any, to discuss fully the
subject of settlement, including realistic expectations about liability, obstacles to agreement,
offers made, and offers which can be made at the conference. Counsel shall be prepared to make
additional offers or proposals for settlement in behalf of their clients at the pretrial conference,
and counsel shall be prepared to make or opine on recommendations for further negotiations and
conferences.
7.

Mediation and Settlement:
a. If the parties intend to mediate their dispute, notice of the mediation shall be
given to the staff of the assigned magistrate judge's office. The filing of a
mediation reference order will terminate pending motions, without prejudice
to refiling. If the mediation is not successful, the moving party may reinstate
such a motion by filing a written notice to that effect, and the other parties
may respond in accordance with the local rules, regarding the date of the
notice as reinstating the response/reply time that remained as of the date the
mediation reference order was filed.
b. Not later than two weeks prior to trial, plaintiff or plaintiff's counsel shall
serve on Defendant or Defendant's counsel a written, updated settlement

3

All personal information should be redacted from the public version of the order and/or
attachments filed with the Clerk. See NECivR 5.3.

3

proposal. Defendant or Defendant's counsel shall respond in writing to such
proposal not later than one week before trial.
c. Notice of settlement shall be given to the trial judge's office as soon as
practicable but in any event in time to avoid summoning a jury. If a case
settles and notice of settlement is not given in sufficient time to avoid
summoning a jury, assessment of jury costs may – and normally will – be
made against a party and/or counsel for one or more of the parties. For
purposes of this paragraph, a jury is considered summoned for a trial at noon
the business day prior to the designated date of trial.
8.
A 5 day jury trial is set to commence, at the Court's call, during the week of
June 4, 2018, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon, Senior United
States District Court Judge. Unless otherwise ordered, jury selection shall be at the
commencement of trial.
9.
Motions to Alter Dates. All requests for changes of deadlines or settings
established herein shall be directed to the assigned magistrate judge by appropriate motion,
including all requests for changes of trial dates. Such motions shall not be considered in the
absence of a showing by counsel of due diligence in the timely development of this case for trial
and the recent development of circumstances, unanticipated prior to the filing of the motion,
which require that additional time be allowed.
Dated this 24th day of October, 2017.
BY THE COURT:

s/ Susan M. Bazis
United States Magistrate Judge

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