Lemberger v. Union Pacific Railroad Company

Filing 87

ORDER denying the defendant's renewed motion to stay. Jury Trial set for 7/12/2021 at 08:30 PM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. The parties shall conta ct the chambers of United States Magistrate Judge Zwart to schedule a Pretrial Conference. The parties proposed Pretrial Conference Order and Exhibit List(s) must be emailed to [e-mail], in Word format, three days prior to the Pret rial Conference. Motions in limine shall be filed seven 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. Parties shall submit trial briefs and proposed jury instructions seven days prior to trial. Ordered by Senior Judge Joseph F. Bataillon. (MKR)

8:18-cv-00064-JFB-CRZ Doc # 87 Filed: 12/03/20 Page 1 of 2 - Page ID # 1028

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DANIEL LEMBERGER,
Plaintiff,

8:18CV64

vs.
ORDER
UNION PACIFIC RAILROAD COMPANY,
Defendant.
This matter is before the Court on the defendant Union Pacific Railroad Company’s
(“UPRR”) renewed motion to stay this action pending the outcome of the appeals in
Harder v. UPRR, 8:18-cv-00058 and West v. UPRR, 8:18-cv-00036, Filing No. 82. The
plaintiff is opposed to the motion. Filing No. 84.
After a telephonic conference with the parties on December 1, 2020, the Court has
continued trial of this action to July 12, 2021, as a result of the pandemic. The motion to
stay may be obviated in view of the rescheduling. In any event, for the reasons stated in
an earlier order, Filing No. 78, the Court finds the renewed motion to stay should be
denied. Accordingly,
IT IS ORDERED:
1.

The defendant’s renewed motion to stay (Filing No. 85) is denied.

2.

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 8:30 a.m.
on July 12, 2021, or as soon thereafter as the case may be called, for a

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8:18-cv-00064-JFB-CRZ Doc # 87 Filed: 12/03/20 Page 2 of 2 - Page ID # 1029

duration of five (5) trial days.

Jury selection will be held at the

commencement of trial.
3.

The parties shall contact the chambers of United States Magistrate Judge
Zwart to schedule a Pretrial Conference. The parties’ proposed Pretrial
Conference

Order

and

Exhibit

List(s)

must

be

emailed

to

[e-mail], in Word format, three days prior to the Pretrial
Conference.
4.

Motions in limine shall be filed seven 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.

5.

Parties shall submit trial briefs and proposed jury instructions seven days
prior to trial.

Dated this 3rd day of December, 2020.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge

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