Small v. Union Pacific Railroad Company

District of Nebraska, ned-8:2005-cv-00402

SECOND AMENDED FINAL PROGRESSION ORDER - The Joint Motion to Continue Trial date and progression deadlines {{49}} is granted. Deposition deadline set for 12/17/07; The Final Pretrial Conference is scheduled for 1/18/08 at 10:00am before the undersigned magistrate judge in chambers. Trial is scheduled for 2/19/08 at 8:30am in Omaha before Judge Jospeh F. Bataillon and a jury. Ordered by Magistrate Judge Thomas D. Thalken.

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8:05-cv-00402-JFB-TDT Doc # 50 Filed: 03/28/07 Page 1 of 2 - Page ID # 118 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JAMES TRACY SMALL,)) 8:05CV402 Plaintiff,)) SECOND AMENDED vs.) FINAL PROGRESSION ORDER) UNION PACIFIC RAILROAD COMPANY,)) Defendant.) This matter is before the court on the parties' joint motion to continue trial date and progression deadlines (Filing No. 49). Upon consideration, IT IS ORDERED: 1. The parties' joint motion to continue trial date and progression deadlines (Filing No. 49) is granted as set forth below. 2. Deposition Deadline. All depositions, whether or not they are intended to be used at trial, shall be completed by December 17, 2007. All interrogatories, requests for admission and requests for production or inspection, whether or not they are intended to be used at trial, shall be served sufficiently early to allow rule time response before that date. Counsel may stipulate to extensions of time to respond to discovery requests in accordance with Fed. R. Civ. P. 29, as amended, but such extensions shall not extend any of the dates in this order; any requests for extensions of any of the deadlines herein shall be made by appropriate motion and order. 3. Pretrial Disclosures: Pursuant to Fed. R. Civ. P. 26(a)(3), each party shall provide to all other parties the following information regarding the evidence that it may present at trial other than solely for impeachment purposes as soon as practicable but not later than the date specified: A. Witnesses - On or before November 1, 2007: 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. 8:05-cv-00402-JFB-TDT Doc # 50 Filed: 03/28/07 Page 2 of 2 - Page ID # 119 B. Trial Exhibits - On or before January 4, 2008: A list of all exhibits it expects to offer by providing a numbered listing and permitting examination of such exhibits. The parties shall also designate on the list those exhibits it may offer only if the need arises. C. Waiver of Objections: Any objections to the use of witnesses, deposition designations, discovery responses, or exhibits shall be listed in the pretrial order. Failure to list objections (except those under Fed. R. Evid. 402 and 403) shall be deemed waived, unless excused by the court for good cause shown. D. Filing of Disclosures: The filing of pretrial disclosures required by Fed. R. Civ. P. 26(a)(3) shall be deemed filed at the time of the filing of the Order on Final Pretrial Conference in this matter. 4. Motions in Limine. Any motions in limine shall be filed not later than January 11, 2008. 5. The Final Pretrial Conference with the undersigned magistrate judge is set for January 18, 2008 at 10:00 a.m. in chambers, Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The final pretrial conference shall be attended by lead counsel for represented parties. Counsel shall complete prior to the pretrial conference, all items as directed in NELR 16.2. By the time of the pretrial conference, full preparation for trial shall have been made so that trial may begin at any time during the session indicated below. 6. Trial is set to commence at 8:30 a.m. on February 19, 2008, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon and a jury. 7. Motions to Alter Dates. All requests for changes of date settings shall be directed to the undersigned magistrate judge by appropriate motion. DATED this 28th day of March, 2007. BY THE COURT: s/Thomas D. Thalken United States Magistrate Judge 2