Marchio v. Union Pacific Railroad Company

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TIMOTHY M. MARCHIO,
Plaintiff,
vs.
UNION PACIFIC RAILROAD
COMPANY, a Delaware corporation;
Defendant.
8:25CV264
FINAL PROGRESSION ORDER
(AMENDED)
IT IS ORDERED that the joint stipulation to amend, Filing No. 43, is granted.
The final progression order, Filing No. 21, 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 set for April
28, 2026 is continued and will be held with the undersigned magistrate
judge on May 26, 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 20, 2026.
Motions to compel written discovery under Rules 33, 34, 36, and 45
must be filed by May 4, 2026.
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 complete expert disclosures 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): February 17, 2026.
For the defendant(s): March 17, 2026.
Plaintiff(s)’ rebuttal: April 17, 2026.
4) The deposition deadline, including but not limited to depositions for
oral testimony only under Rule 45, is May 20, 2026.
5) The deadline for filing motions to dismiss and motions for summary
judgment is June 11, 2026.
6) The deadline for filing motions to exclude testimony on Daubert and
related grounds is June 4, 2026.
7) 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.
8) All other deadlines and provisions in the Court’s prior final progression
orders not amended herein remain unchanged.
Dated this 5th day of January, 2026.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge
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