IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

JAMES HOWER,

Plaintiff, 

vs. 

UNION PACIFIC RAILROAD CO.,

Defendant.

8:23CV206

SECOND AMENDED

CASE PROGRESSION ORDER

This matter comes before the Court on the parties’ Joint Motion to Modify Case

Progression Order (Filing No. 43). After review of the parties’ motion, the Court finds good cause 

to grant the requested extensions. Accordingly,

IT IS ORDERED that the Joint Motion to Modify Case Progression Order (Filing No. 43)

is granted, and the amended case progression order is amended as follows:

1) The deadlines for identifying expert witnesses and completing 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 defendant: February 3, 2025

Plaintiff’s rebuttal: February 20, 2025

2) The deadline for completing written discovery under Rules 33, 34, 36, and 45 of 

the Federal Rules of Civil Procedure remains March 3, 2025. Motions to compel 

written discovery under Rules 33, 34, 36, and 45 must be filed by March 17, 

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 

on or before the motion to compel deadline to set a conference to discuss the 

parties’ dispute, and after being granted leave to do so by the Court.

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

testimony only under Rule 45, remains March 3, 2025.

4) The trial and pretrial conference will not be set at this time. A planning conference 

to discuss case progression, dispositive motions, the parties’ interest in 

settlement, and the trial and pretrial conference settings remains scheduled with 

the undersigned magistrate judge on March 5, 2025, at 11:30 a.m. by telephone. 

Counsel shall use the conferencing instructions assigned to this case to participate 

in the conference.

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

remains April 7, 2025. 

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

grounds remains April 28, 2025.

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 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 15th day of October, 2024.

BY THE COURT:

s/Michael D. Nelson 

United States Magistrate Judge 

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