Waltemath v. Union Pacific Railroad Company

Filing 35

SECOND AMENDED FINAL PROGRESSION ORDER- The Joint 33 Motion for extension of Case Progression Deadlines is granted. The trial and pretrial conference will not be set at this time. The status conference presently scheduled for May 4, 2021 is canceled. Status Conference set for 7/15/2021 at 03:00 PM by Telephone before Magistrate Judge Susan M. Bazis. Deposition Deadline is July 23, 2021. Ordered by Magistrate Judge Susan M. Bazis. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JASON M WALTEMATH, an individual;
Plaintiff,

8:19CV569

vs.
UNION PACIFIC RAILROAD COMPANY,

SECOND AMENDED FINAL
PROGRESSION ORDER

Defendant.
THIS MATTER is before the Court on the parties’ Joint Motion for Extension of Case
Progression Deadlines. (Filing No. 33.) The motion is granted. Accordingly,
IT IS ORDERED that the provisions of the Court’s previous final progression order remain
in effect, and in addition to those provisions, the following shall apply:
1)

The trial and pretrial conference will not be set at this time. The status conference
presently scheduled for May 4, 2021 is canceled. A status conference to discuss
case progression, the parties’ interest in settlement, and the trial and pretrial
conference settings will be held by telephone with the undersigned magistrate
judge on July 15, 2021 at 3:00 p.m. Counsel shall use the telephone conferencing
instructions assigned to this case to participate in the conference. (Filing No. 34.)

2)

The deadline for completing written discovery under Rules 33, 34, 36 and 45 of the
Federal Rules of Civil Procedure is March 29, 2021. Motions to compel written
discovery under Rules 33, 34, 36 and 45 must be filed by February 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)

The deadlines for identifying expert witnesses expected to testify at the trial, (both
retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R.
Civ. P. 26(a)(2)(C)), are:
For the plaintiff(s):
For the defendant(s):

September 15, 2020
October 15, 2020

4)

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

5)

November 16, 2020
December 16, 2020
January 18, 2021

The deposition deadline, including but not limited to depositions for oral testimony
only under Rule 45, is July 23, 2021.
a. The maximum number of depositions that may be taken by the plaintiffs as
a group and the defendants as a group is 12.
b. Depositions will be limited by Rule 30(d)(1).

6)

The deadline for filing motions to dismiss and motions for summary judgment is
August 19, 2021.

7)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is September 24, 2021.

8)

The parties shall comply with all other stipulations and agreements recited in their
Rule 26(f) planning report that are not inconsistent with this order.

9)

All requests for changes of deadlines or settings established herein shall be directed
to the undersigned magistrate judge. 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 26th day of April, 2021.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge

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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