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; and ART 

BECKER TRANSPORTATION LLC,

Defendants.

8:23CV170

THIRD AMENDED

FINAL PROGRESSION ORDER

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

Progression. (Filing No. 74.) 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 scheduled for September 5, 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 judge by telephone on September 3, 2024 at 10:00 

a.m. Counsel shall use the conferencing instructions assigned to this case 

to participate in the conference. (Filing No. 51)

2) 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): August 15, 2024

Rebuttal: September 15, 2024

3) 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 non1 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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retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are:

For the defendant(s): August 15, 2024

Rebuttal: September 15, 2024

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

testimony only under Rule 45, is November 21, 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). 

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

judgment is October 7, 2024.

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

grounds is October 7, 2024.

7) 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. 

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

directed to the undersigned judge or assigned 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 30th day of July, 2024.

BY THE COURT:

s/ Joseph F. Bataillon

Senior United States District Judge

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