Westbrook v. Tyson Foods, Inc.

Filing 26

AMENDED PROGRESSION ORDER - Jury Trial set for 6/18/2018 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard. Pretrial Conference set for 6/5/2018 at 09:00 AM Internet/Telephonic Conferencing before Magistrate Judge Cheryl R. Zwart. Telephone Conference set for 2/6/2018 at 10:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart. (LAC, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LLOYD E. WESTBROOK,
Plaintiff,

8:16CV344

vs.
AMENDED PROGRESSION ORDER
TYSON FOODS, INC.,
Defendant.
IT IS ORDERED that upon the parties joint motion for extension of case
progression deadlines, (Filing No. 25), the Final Progression Order (Filing No.
14) is amended as follows:

1)

The jury trial of this case is set to commence before John M. Gerrard,
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 June 18, 2018, 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 June 5, 2018 at 9:00 a.m., and will
be conducted by internet/telephonic conferencing. Counsel shall use
the Case Conferencing Instructions located at Filing No. 15 to
participate in the Pretrial Conference. 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 June 1, 2018.

3)

A telephonic conference with the undersigned magistrate judge will be
held on February 6, 2018 at 10:00 a.m. to discuss the status of case
progression and potential settlement. Counsel shall use the

conferencing instructions located at Filing No. 15 to participate in the
call.
4)

The deadline for completing written discovery under Rules 33 through
36 of the Federal Rules of Civil Procedure is January 5, 2018.
Motions to compel Rule 33 through 36 discovery must be filed by
January 19, 2018 Note: Motions to compel shall not be filed without
first contacting the chambers of the undersigned magistrate judge to
set a conference for discussing the parties’ dispute.

5)

The deposition deadline is February 7, 2018.

6)

The deadline for filing motions to dismiss and motions for summary
judgment is March 9, 2018.1

7)

The deadline for filing motions to exclude testimony on Daubert and
related grounds is January 5, 2018.

8)

Motions in limine shall be filed five business days prior to trial. It is not
the normal practice to hold hearings on motions in limine or to rule on
them in advance. Counsel should plan accordingly.

Dated this 3rd day of July, 2017.
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