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Erdman v. Union Pacific Railroad Co.
United States District Court, D. Nebraska
August 29, 2018
RONALD ERDMAN, Plaintiff,
UNION PACIFIC RAILROAD COMPANY, Defendant.
THIRD AMENDED ORDER SETTING FINAL SCHEDULE FOR
PROGRESSION OF CASE
M. BAZIS UNITED STATES MAGISTRATE JUDGE
matter is before the Court on the parties' Joint Motion
to Extend Progression Order Deadlines. (Filing No.
43.) This motion is granted. Accordingly, IT IS
ORDERED that the provisions of the Court's
earlier Second Amended Final Progression Order remain in
effect, and in addition to those provisions, the following
Motion to Dismiss and Motions for Summary
Judgment. Motions to dismiss and/or for summary
judgment shall be filed not later than November 19,
2018. See NECivR 56.1 and NECivR
a. Deposition Deadline. All depositions,
whether or not they are intended to be used at trial, shall
be completed by October 31, 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 September 19,
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.
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 February 13,
2019: The name, address and telephone
number 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
c. Trial Exhibits - On or before February 13,
2019: 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 November 19, 2018,
and accompanied by a request for a hearing if necessary.
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