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Lynch v. Union Pacific Railroad Co.

United States District Court, D. Nebraska

March 28, 2019

BRIAN K. LYNCH, Plaintiff,
v.
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation; Defendant.

          AMENDED FINAL PROGRESSION ORDER

          SUSAN M. BAZIS, UNITED STATES MAGISTRATE JUDGE

         This matter is before the Court on the parties' Joint Motion to Amend Final Progression Order. (Filing No. 64.) The motion is granted. Accordingly, 1) The jury trial of this case is set to commence before Joseph F. Bataillon, Senior United States District Judge, in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on November 2, 2020, or as soon thereafter as the case may be called, for a duration of eight (8) trial days. This case is subject to the prior trial of criminal cases and other civil cases that may be scheduled for trial before this one. Jury selection will be held at the commencement of trial.

         2) The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on October 9, 2020 at 11:00 a.m., and will be conducted by internet/telephonic conferencing. A separate order with internet-teleconference instructions will be entered. (If counsel wishes to appear in person, counsel must contact chambers requesting permission to do so. Before contacting chambers to request such relief, counsel shall confer regarding the issue.) The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to bazis@ned.uscourts.gov, in Word format, by 3:00 p.m. on October 6, 2020.

         3) A telephonic conference to discuss the status of case progression and the parties' interest in settlement will be held with the undersigned magistrate judge on June 4, 2020 at 3:00 p.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference.

         4) The deadlines for moving to amend pleadings or add parties are:

For the plaintiff(s): April 1, 2019

         5) The deadline for completing written discovery under Rules 33, 34, and 36 of the Federal Rules of Civil Procedure is March 2, 2020. Motions to compel discovery under Rules 33, 34, and 36 must be filed by March 16, 2020

         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.

         6) The deadlines for complete expert disclosures[1] 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): July 1, 2019
For the defendants): October 1, 2019
For the Third Party Defendant: January 2, 2020

         7) The deposition deadline is June 1, 2020.

a. The maximum number of depositions that may be taken by the plaintiffs as a group and the defendants as a group is 15 ...

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