IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

BOBBY MEAD, and KARRIE MEAD,

Plaintiffs, 

vs. 

UNION PACIFIC RAILROAD COMPANY, A 

Nebraska Corporation;

Defendant.

8:23CV170

AMENDED

FINAL PROGRESSION ORDER

THIS MATTER is before the Court on the parties’ Stipulated Motion to Amend 

Progression. (Filing No. 42.) The motion is granted. Accordingly,

IT IS ORDERED that the provisions of the Court’s previous final progression order remain 

in effect, and in addition to those provisions, case progression shall be amended as follows:

1) The trial and pretrial conference will not be set at this time. The Status Conference 

presently set for April 11, 2024 is canceled. A Status Conference to discuss case 

progression, the parties’ interest in settlement, and the trial and pretrial 

conference settings will be held with the undersigned magistrate judge by 

telephone on May 30, 2024 at 3:45 p.m. Counsel shall use the conferencing 

instructions assigned to this case to participate in the conference. (Filing No. 11.) 

2) Motions to compel written discovery under Rules 33, 34, 36 and 45 must be filed 

by February 11, 2024.

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. 

3) 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): April 5, 2024

For the defendant(s): May 3, 2024

Rebuttal: May 24, 2024

8:23-cv-00170-JFB-SMB Doc # 43 Filed: 01/11/24 Page 1 of 2 - Page ID # 152
4) The deadlines for complete expert disclosures1

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): April 5, 2024

For the defendant(s): May 3, 2024

Rebuttal: May 24, 2024

5) The deposition deadline, including but not limited to depositions for oral testimony 

only under Rule 45, is August 23, 2024.

a. The maximum number of depositions that may be taken by the plaintiffs as a 

group and the defendants as a group is: A party may take one deposition of 

each adverse party and of two other persons, exclusive of persons expected 

to give expert testimony disclosed pursuant to Rule 26(a)(2).

b. Depositions will be limited by Rule 30(d)(1). 

6) The deadline for filing motions to dismiss and motions for summary judgment is 

July 9, 2024.

7) The deadline for filing motions to exclude testimony on Daubert and related 

grounds is July 9, 2024.

8) The parties shall comply with all other stipulations and agreements recited in their 

Rule 26(f) planning report that are not inconsistent with this order. 

9) All requests for changes of deadlines or settings established herein shall be directed 

to the undersigned magistrate judge. Such requests will not be considered absent a 

showing of due diligence in the timely progression of this case and the recent 

development of circumstances, unanticipated prior to the filing of the motion, 

which require that additional time be allowed. 

Dated this 11th day of January, 2024.

BY THE COURT:

s/ Susan M. Bazis

United States Magistrate Judge

1 While treating medical and mental health care providers are generally not considered “specially retained 

experts,” not all their opinions relate to the care and treatment of a patient. Their opinion testimony is limited to what 

is stated within their treatment documentation. As to each such expert, any opinions which are not stated within that 

expert’s treatment records and reports must be separately and timely disclosed.

8:23-cv-00170-JFB-SMB Doc # 43 Filed: 01/11/24 Page 2 of 2 - Page ID # 153