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Erdman v. Union Pacific Railroad Co.

United States District Court, D. Nebraska

May 4, 2018

RONALD ERDMAN, Plaintiff,
v.
UNION PACIFIC RAILROAD COMPANY, Defendant.

          SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

          Susan M. Bazis United States Magistrate Judge

         This matter is before the Court on the parties' Joint Motion to Extend Progression Order Deadlines. (Filing No. 37.) This motion is granted. Accordingly, IT IS ORDERED that the provisions of the Court's earlier amended final progression order remain in effect, and in addition to those provisions, the following shall apply:

         1. Motion to Dismiss and Motions for Summary Judgment. Motions to dismiss and/or for summary judgment shall be filed not later than September 11, 2018. See NECivR 56.1 and NECivR 7.1.

Discovery Deadlines:
a. Deposition Deadline. All depositions, whether or not they are intended to be used at trial, shall be completed by August 14, 2018.
b. Written Discovery Deadline. All interrogatories, requests for admission and requests for production or inspection, whether or not they are intended to be used at trial, shall be completed by July 13, 2018. Counsel may stipulate to extensions of time to respond to discovery requests in accordance with Fed.R.Civ.P. 29, but such extensions shall not extend any of the dates in this order; any request to extend the deadlines of this order shall be sought by motion.

         3. Pretrial Disclosures. Pursuant to Fed.R.Civ.P. 26(a)(3), each party shall serve opposing counsel and file a redacted version as applicable with the following information regarding the evidence it may present at trial other than solely for impeachment purposes as soon as practicable but not later than the date specified:

a. Nonexpert Witnesses - On or before December 10, 2018: The name, address and telephone number[1] of each witness, separately identifying those whom the party expects to present and those whom the party may call if the need arises.
b. Deposition Testimony and Discovery - The designation of discovery testimony and discovery responses intended to be utilized at trial is not required at this time.
c. Trial Exhibits - On or before December 10, 2018: A list of all exhibits it expects to offer by providing a numbered listing and permitting examination of such exhibits, designating on the list those exhibits it may offer only if the need arises.
d. Waiver of Objections. Any and all objections to the use of the witnesses, deposition testimony, discovery responses, or exhibits disclosed pursuant to the above subparagraphs, including any objection pursuant to Fed.R.Civ.P. 32(a) that a deponent is available to testify at the trial, shall be made a part of the pretrial order. Failure to list objections (except those under Fed.R.Evid. 402 and 403) is a waiver of such objections, unless excused by the Court for good cause shown.
Motions in Limine.
a. Motions in limine challenging the admissibility of expert testimony at trial under Fed.R.Evid. 702, see Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999), and Daubert v. Merrell-Dow Pharmaceuticals, 509 U.S. 579 (1993), shall be filed by September 11, 2018, and accompanied by a request for a hearing if necessary. ...

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