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Equal Employment Opportunity Commission v. Werner Enterprises, Inc.

United States District Court, D. Nebraska

August 21, 2019

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
WERNER ENTERPRISES, INC., Defendant.

          SECOND AMENDED FINAL PROGRESSION ORDER

          SUSAN M. BAZIS, UNITED STATES MAGISTRATE JUDGE

         This matter is before the Court on the parties' Unopposed Motion to Extend Progression Order Deadlines. (Filing No. 61.) The motion is granted. Accordingly, IT IS ORDERED that the provisions of the Court's earlier progression orders remain in effect, and in addition to those provisions, the following shall apply:

         1) The jury trial of this case is set to commence before John M. Gerrard, Chief United States District Judge, in the Special Proceedings Courtroom, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on October 26, 2020, or as soon thereafter as the case may be called, for a duration of five (5) 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 5, 2020 at 10:00 a.m., and will be conducted by internet/telephonic conferencing. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. (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 12:00 p.m. on September 30, 2019.

         3) The deadline for completing written discovery under Rules 33, 34, and 36 of the Federal Rules of Civil Procedure is January 24, 2020. Motions to compel discovery under Rules 33, 34, and 36 must be filed by February 7, 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.

         4) 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):

December 13, 2019

For the Intervenor:

December 13, 2019

For the defendant(s):

January 24, 2020

         5) 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):

December 13, 2019

For the Intervenor:

December 13, 2019

For the defendant(s):

January 24, 2020

Plaintiff Rebuttal:

March 6, 2020

Intervenor Rebuttal:

March 6, 2020

         6) The non-expert deposition deadline is March 6, 2020. The expert deposition deadline is April 24, 2020.

a. The maximum number of depositions that may be taken by the plaintiffs as a group and the defendants a s a group is 10.
b. Depositions will be limited by Rule 30(d)(1).

         7) The deadline for filing motions to dismiss and motions for summary judgment is June 26, 2020.

         8) The deadline for filing motions to exclude testimony on Daubert and ...


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