181574P.pdf   10/10/2019  Philip Petrone  v.  Werner Enterprises, Inc.
   U.S. Court of Appeals Case No:  18-1574
                          and No:  18-1647
                          and No:  18-2116
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Shepherd, Author, with Beam and Colloton, Circuit Judges] 
   Civil case - Civil Procedure. In this action alleging violations of the 
   Fair Labor Standards Act, the district court abused its discretion by 
   granting plaintiffs' request to extend the Fed. Rule of Civil Procedure 
   16(b) deadline for disclosure of expert reports, despite finding that good 
   cause for the extension had not been shown, based on an erroneous 
   application of Rule 37(c); the error was not harmless, as the jury clearly 
   relied on the plaintiffs' expert's opinion in reaching its damages award; 
   the judgment is vacated and the matter is remanded for further 
   proceedings. Judge Colloton, dissenting.