Brown v. Union Pacific Railroad Company

Filing 25

PROGRESSION ORDER (AMENDED) - Any existing status conference, telephone conference, and settlement conference settings are vacated. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on January 27, 2021 at 9:00 a.m., and will be conducted by internet/telephonic conferencing. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to [e-mail], in Word format, by 5:00 p.m. on January 22, 2021. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SHIRLEY BROWN, Personal
Representative for the Estate of Neal
Jackson;

8:18CV273

Plaintiff,
PROGRESSION ORDER
(AMENDED)

vs.
UNION PACIFIC RAILROAD
COMPANY,
Defendant.

IT IS ORDERED that the progression order is amended as follows:
1)

Any existing status conference, telephone conference, and settlement
conference settings are vacated.

2)

The Pretrial Conference is scheduled to be held before the undersigned
magistrate judge on January 27, 2021 at 9:00 a.m., and will be conducted
by internet/telephonic conferencing. Counsel shall use the conferencing
instructions assigned to this case to participate in the conference. The
parties’ proposed Pretrial Conference Order and Exhibit List(s) must be
emailed to [e-mail], in Word format, by 5:00 p.m. on
January 22, 2021.

3)

The deadline for completing written discovery under Rules 33, 34, and 36
of the Federal Rules of Civil Procedure is July 17, 2020. Motions to compel
discovery under Rules 33, 34, and 36 must be filed by July 31, 2020.
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.

4)

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

For the plaintiff(s):

March 17, 2020.

For the defendant(s):

May 20, 2020.

NOTE: While treating medical and mental health care providers are
generally not considered “specially retained experts,” their opinions arising
from the care and treatment of the plaintiff must nonetheless be separately
disclosed as required under Fed. R. Civ. P. 26(a)(2)(C). Moreover,
disclosure of mental or medical provider opinions not formed for the purpose
of providing care and treatment of the illness or disease at issue in this
litigation (e.g. whether medical billings were fair and reasonable, the
proximate cause of the disease or injury, etc.) must disclosed as required
under Fed. R. Civ. P. 26(a)(2)(B).
5)

The deposition deadline is July 17, 2020. The maximum number of
depositions that may be taken by the plaintiffs as a group and the
defendants as a group is 10.

6)

The parties agree that in each case the maximum number of interrogatories,
including subparts, that may be served by any party on any other party is
100.

7)

The deadline for filing motions to dismiss and motions for summary
judgment is September 4, 2020.

8)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is September 4, 2020.

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 3rd day of December, 2019.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge