Hess v. Union Pacific Railroad Co.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAMES HESS,
Plaintiff,
vs.
UNION PACIFIC RAILROAD CO.,
Defendant.
8:23CV205
AMENDED
CASE PROGRESSION ORDER
This matter comes before the Court on the Plaintiff’s Unopposed Motion to Modify Case
Progression Order (Filing No. 50). After review of the motion, the Court finds good cause to grant
the requested extensions. Accordingly,
IT IS ORDERED that the Plaintiff’s Unopposed Motion to Modify Case Progression
Order (Filing No. 50) is granted, in part, and the case progression order is amended as follows:
1) Experts:
a. 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 extended:
For the plaintiff: April 14, 2026
For the defendant: May 12, 2026
Plaintiff’s rebuttal: May 26, 2026
b. The deadline for filing motions to exclude testimony on Daubert and related
grounds is extended to June 29, 2026.
2) The planning conference set for April 8, 2026, is cancelled. 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 will be held with the undersigned magistrate
judge on June 12, 2026, at 10:30 a.m. by telephone. Counsel shall use the
conferencing instructions assigned to this case to participate in the conference.
3) The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is extended to June 12, 2026.
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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4) The deadline for completing written discovery under Rules 33, 34, 36, and 45 of
the Federal Rules of Civil Procedure is extended to June 12, 2026. Motions to
compel written discovery under Rules 33, 34, 36, and 45 must be filed by June
26, 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
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.
5) The deadline for filing motions to dismiss and motions for summary judgment is
extended to July 31, 2026.
6) 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.
7) 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 11th day of February, 2026.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge
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