Mead et al v. Union Pacific Railroad Company
Filing
48
SECOND AMENDED FINAL PROGRESSION ORDER: The parties' Stipulated Motion to Amend Progression (Filing No. 47) is granted. The trial and pretrial conference will not be set at this time. The Status Conference presently set for May 30, 2024 is c anceled. 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 by telephone on September 5, 2024 at 2:00 p.m. The deposition deadline is November 21, 2024. Ordered by Magistrate Judge Susan M. Bazis. (ADB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BOBBY MEAD, and KARRIE MEAD,
Plaintiffs,
8:23CV170
vs.
UNION PACIFIC RAILROAD COMPANY, A
Nebraska Corporation;
SECOND AMENDED
FINAL PROGRESSION ORDER
Defendant.
THIS MATTER is before the Court on the parties’ Stipulated Motion to Amend
Progression. (Filing No. 47.) 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, case progression shall be amended as follows:
1)
The trial and pretrial conference will not be set at this time. The Status Conference
presently set for May 30, 2024 is canceled. 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 by
telephone on September 5, 2024 at 2:00 p.m. Counsel shall use the conferencing
instructions assigned to this case to participate in the conference. (Filing No. 11.)
2)
Motions to compel written discovery under Rules 33, 34, 36 and 45 must be filed
by July 4, 2024.
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):
Rebuttal:
July 4, 2024
August 1, 2024
August 22, 2024
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)
July 4, 2024
August 1, 2024
August 22, 2024
The deposition deadline, including but not limited to depositions for oral testimony
only under Rule 45, is November 21, 2024.
a. The maximum number of depositions that may be taken by the plaintiffs as a
group and the defendants as a group is: A party may take one deposition of
each adverse party and of two other persons, exclusive of persons expected
to give expert testimony disclosed pursuant to Rule 26(a)(2).
b. Depositions will be limited by Rule 30(d)(1).
6)
The deadline for filing motions to dismiss and motions for summary judgment is
October 7, 2024.
7)
The deadline for filing motions to exclude testimony on Daubert and related
grounds is October 7, 2024.
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 27th day of March, 2024.
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.
1
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