Bower-Smith v. BNSF Railway Company

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
COLBY BOWER-SMITH,
Plaintiff,
vs.
BNSF RAILWAY COMPANY,
Defendant.
7:23CV5003
THIRD AMENDED FINAL
PROGRESSION ORDER
This matter comes before the court on the parties’ Joint Motion to Extend Second
Amended Final Progression Order. (Filing No. 55). For good cause shown, that motion is
granted.
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. A status
conference to discuss case progression, the parties’ interest in settlement, and
the trial and pretrial conference settings previously scheduled on January 15,
2026 is continued and will now be held with the undersigned magistrate
judge on February 26, 2026 at 10:00 a.m. by telephone. Counsel shall use
the conferencing instructions assigned to this case to participate in the
conference. (Filing No. 53).
2) The deposition deadline, including but not limited to depositions for oral
testimony only under Rule 45, is February 20, 2026.
3) The deadline for filing motions to dismiss and motions for summary
judgment is April 3, 2026.
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4) The deadline for filing motions to exclude testimony on Daubert and related
grounds is March 20, 2026.
5) 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.
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, including all requests for
changes of trial dates. 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 26th day of November, 2025.
BY THE COURT:
s/ Ryan C. Carson
United States Magistrate Judge
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