Thompson v. Union Pacific Railroad Company

Filing 44

TEXT ORDER granting 43 Motion to Amend.The status conference previously set for January 13, 2021 is continued and it will be held with the undersigned magistrate judge on April 6, 2021 at 1:30 p.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

8:18-cv-00053-JFB-CRZ Doc # 44 Filed: 08/05/20 Page 1 of 2 - Page ID # 124

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TROY THOMPSON, as Personal
Representative of the Estate of Noel E.
Thompson, Deceased;

8:18CV53

Plaintiff,
ORDER
vs.
UNION
PACIFIC
COMPANY,

RAILROAD

Defendant.

As requested in Plaintiff’s unopposed motion, (Filing No. 43), which is hereby
granted, the final progression order is amended as follows:
1)

The status conference previously set for January 13, 2021 is continued
and it will be held with the undersigned magistrate judge on April 6, 2021
at 1:30 p.m. by telephone. Counsel shall use the conferencing instructions
assigned to this case to participate in the conference.

2)

The deadline for completing written discovery under Rules 33, 34, 36 and
45 of the Federal Rules of Civil Procedure is March 1, 2021. Motions to
compel written discovery under Rules 33, 34, 36, and 45 must be filed by
March 15, 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 to set a conference for discussing the parties’ dispute.

3)

1

The deadlines for complete expert disclosures1 for all experts expected to
testify at trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and

While treating medical and mental health care providers are generally not
considered “specially retained experts,” not all their opinions relate to the care and
treatment of a patient. Their opinion testimony is limited to what is stated within their
treatment documentation. As to each such expert, any opinions which are not stated
within that expert’s treatment records and reports must be separately and timely
disclosed.

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non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:
For the plaintiff(s):

November 2, 2020.

For the defendant(s):

January 4, 2021.

4)

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is March 1, 2021.

5)

The deadline for filing motions to dismiss and motions for summary
judgment is May 21, 2021.

6)

The deadline for filing motions to exclude testimony on Daubert and
related grounds is May 21, 2021.

7)

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.

8)

All other deadlines remain unchanged.

9)

All requests for changes of deadlines or settings established herein shall
be directed to the undersigned magistrate judge, including all requests for
changes of trial dates. 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 5th day of August, 2020.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge