O'Connor v. Union Pacific Railroad Co.

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LLOYD O’CONNOR,
Plaintiff,
vs.
UNION PACIFIC RAILROAD CO.,
Defendant.
8:24CV443
FINAL PROGRESSION ORDER
(AMENDED)
The Court grants the parties’ Joint Motion to Modify the Progression Order. Filing
No. 37.
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 2,
2025 is continued and will be held with the undersigned magistrate judge
on February 3, 2026 at 10:30 a.m. by telephone. Counsel shall use the
conferencing instructions assigned to this case to participate in the
conference.
2) 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-
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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retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), except for damage-only
experts are:
For the plaintiff(s): September 18, 2025.
For the defendant(s): October 20, 2025.
Plaintiff(s)’ rebuttal: November 3, 2025.
3) The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is February 2, 2026.
4) The deadline for filing motions to dismiss and motions for summary
judgment is March 30, 2026.
5) The deadline for filing motions to exclude testimony on Daubert and related
grounds is March 30, 2026.
6) 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 them prior
to the first day of trial. Counsel should plan accordingly.
7) All other deadlines and provisions in the Court’s final progression order,
Filing No. 12, not amended herein remain unchanged.
Dated this 6th day of November, 2025.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge
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