Swartwood v. Union Pacific Railroad Company

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SCOTT A. SWARTWOOD,
Plaintiff,
vs.
UNION PACIFIC RAILROAD COMPANY,
a Delaware corporation;
Defendant.
8:25CV244
AMENDED FINAL PROGRESSION
ORDER
IT IS ORDERED that parties’ joint motion to amend is granted. (Filing No. 37).
The unexpired deadlines in the final progression order are 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 December 2, 2025 is
continued and will be held with the undersigned magistrate judge on
February 3, 2026 at 9:00 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 January 20, 2026. Motions to
compel written discovery under Rules 33, 34, 36, and 45 must be filed by
February 3, 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 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 parties February 20, 2026.
For rebuttal: March 23, 2026.
4) The fact deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is January 20, 2026.
a. The maximum number of depositions that may be taken by the
plaintiffs as a group and the defendants as a group is ten.
b. Depositions will be limited by Rule 30(d)(1).
c. The parties have stipulated that all evidentiary trial preservation
deadlines for witnesses that are unavailable for trial or are experts in
the case must be completed forty-five (45) days prior to trial.
5) The deadline for filing motions to dismiss and motions for summary
judgment is May 1, 2026.
6) The deadline for filing motions to exclude testimony on Daubert and related
grounds is May 1, 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) 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.
9) Deadlines not specifically amended by this order are unchanged. All requests
for changes of deadlines or settings established herein shall be directed to the
undersigned magistrate judge, including all requests for changes of trial
dates. Such requests will not be considered absent a showing of due diligence
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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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 30th day of October, 2025.
BY THE COURT:
s/ Ryan C. Carson
United States Magistrate Judge
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