Barkmeier v. Union Pacific Railroad Co.

1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LEONARD BARKMEIER,
Plaintiff,
vs.
UNION PACIFIC RAILROAD CO.,
Defendant.
8:24CV490
FINAL PROGRESSION ORDER
(AMENDED)
The Court grants the parties’ Joint Motion to Modify Final Progression Order.
Filing No. 21.
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 March 17, 2026 is continued and will be held with the undersigned
magistrate judge on August 18, 2026 at 10:00 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 April 16, 2026.
Motions to compel written discovery under Rules 33, 34, 36, and 45
must be filed by May 4, 2026.
8:24-cv-00490-RFR-JMD Doc # 22 Filed: 11/26/25 Page 1 of 3 - Page ID #
<pageID>

2
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): May 18, 2026.
For the defendant(s): June 16, 2026.
Rebuttal: July 17, 2026.
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): June 16, 2026.
For the defendant(s): July 17, 2026.
Rebuttal: July 28, 2026.
5) The deposition deadline, including but not limited to depositions for
oral testimony only under Rule 45, is August 11, 2026.
6) The deadline for filing motions to dismiss and motions for summary
judgment is September 16, 2026.
7) The deadline for filing motions to exclude testimony on Daubert and
related grounds is September 29, 2026.
8) Motions in limine shall be filed twenty-eight days before trial. It is not
the normal practice to hold hearings on motions in limine or to rule on
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.
8:24-cv-00490-RFR-JMD Doc # 22 Filed: 11/26/25 Page 2 of 3 - Page ID #
<pageID>

3
them prior to the first day of trial. Counsel should plan accordingly.
9) All other deadlines and provisions in the Court’s prior final progression
order, Filing No. 19, not amended herein remain unchanged.
Dated this 26th day of November, 2025.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge
8:24-cv-00490-RFR-JMD Doc # 22 Filed: 11/26/25 Page 3 of 3 - Page ID #
<pageID>