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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

MICHAEL CUSHMAN,

Plaintiff, 

vs. 

UNION PACIFIC RAILROAD CO.,

Defendant.

8:23CV196

FINAL PROGRESSION ORDER

(AMENDED)

The Court grants the parties’ Joint Motion to Modify the Progression Order as set 

forth herein. Filing No. 61. 

Accordingly, 

IT IS ORDERED that the final progression order is amended as follows:

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

conference to discuss case progression, the parties’ interest in settlement, 

and the trial and pretrial conference settings currently set for December 10, 

2024 is continued and will be held with the undersigned magistrate judge 

on March 4, 2025 at 10:30 a.m. by telephone. Counsel shall use the 

conferencing instructions assigned to this case to participate in the 

conference.

2) The deadline for completing written discovery under Rules 33, 34, 36 and 

45 of the Federal Rules of Civil Procedure is February 18, 2025. Motions to 

compel written discovery under Rules 33, 34, 36, and 45 must be filed by 

March 17, 2025. The parties agree that they may each serve limited written 

discovery based on matter arising out of deposition testimony until March 

3, 2025. 

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. 

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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 defendant(s): October 4, 2024.

Plaintiff(s)’ rebuttal: November 4, 2024.

4) The deadlines for complete expert disclosures1for all experts expected to 

testify at trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and nonretained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:

For the defendant(s): October 4, 2024.

Plaintiff(s)’ rebuttal: November 4, 2024.

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

testimony only under Rule 45, is February 18, 2025.

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

judgment is April 11, 2025. 

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

grounds is March 14, 2025.

8) All other deadlines and provisions in the Court’s prior final progression 

orders not amended herein remain unchanged. 

Dated this 4th day of September, 2024.

BY THE COURT:

s/ Jacqueline M. DeLuca

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.

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