Fletcher v. Union Pacific Railroad Company

Filing 16

FINAL PROGRESSION ORDER (AMENDED) The trial and pretrial conference will not be set at this time. A status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on June 15, 2021 at 10:00 a.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. (LRM)

8:20-cv-00050-CRZ Doc # 16 Filed: 11/18/20 Page 1 of 2 - Page ID # 54

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL FLETCHER,
Plaintiff,

8:20CV50

vs.
UNION
PACIFIC
RAILROAD
COMPANY, a Delaware Corporation;

FINAL PROGRESSION ORDER
(AMENDED)

Defendant.

IT IS ORDERED that Plaintiff’s Unopposed Motion to Extend certain progression
deadlines is granted. (Filing No. 15). The final progression order is amended as
follows:
1)

The trial and pretrial conference will not be set at this time. A status
conference to discuss case progression, the parties’ interest in settlement,
and the trial and pretrial conference settings will be held with the
undersigned magistrate judge on June 15, 2021 at 10:00 a.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 18, 2021. Motions to
compel written discovery under Rules 33, 34, 36, and 45 must be filed by
April 1, 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 non-

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.

8:20-cv-00050-CRZ Doc # 16 Filed: 11/18/20 Page 2 of 2 - Page ID # 55

retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:
For the plaintiff(s):
For the defendant(s):
4)

March 31, 2021.
June 1, 2021.

The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is August 31, 2021.
a. The maximum number of depositions that may be taken by the
plaintiffs as a group and the defendants as a group is 15.
b. Depositions will be limited by Rule 30(d)(1).

5)

The deadline for filing motions to dismiss and motions for summary
judgment is July 30, 2021.

6)

The deadline for filing motions to exclude testimony on Daubert and related
grounds is July 30, 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)

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, 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 18th day of November, 2020.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge