Bliss v. BNSF Railway Company
Plaintiff: David Bliss
Defendant: BNSF Railway Company
Case Number: 4:2012cv03019
Filed: February 3, 2012
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Presiding Judge: Richard G. Kopf
Presiding Judge: Cheryl R. Zwart
Nature of Suit: Federal Employer's Liability
Cause of Action: 45 U.S.C. ยง 51 Railways: Fed. Employer's Liability Act
Jury Demanded By: Both
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Date Filed Document Text
September 22, 2014 Opinion or Order Filing 255 JUDGMENT OF DISMISSAL granting 254 Stipulation for Dismissal. Plaintiff's claims against the defendant are dismissed with prejudice, each party to pay their own costs and attorney fees. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
August 21, 2014 Opinion or Order Filing 253 MEMORANDUM AND ORDER - IT IS ORDERED that: (1) Within thirty (30) calendar days of the date of this order, the parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of the court, together with submi tting to the trial judge a draft order which will fully dispose of the case. (2) Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. (3) The clerk shall terminate the pretrial and trial settings for this case. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
May 16, 2014 Opinion or Order Filing 197 ORDER on defendant's deposition objections, filing 190 . Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
May 15, 2014 Opinion or Order Filing 196 MEMORANDUM AND ORDER granting in part and denying in part 183 Motion in Limine; granting in part and denying in part 186 Motion in Limine. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
October 9, 2013 Opinion or Order Filing 153 MEMORANDUM AND ORDER - IT IS ORDERED: 1) Defendant's motion to exclude the opinions of Dr. Gary Namie, Ph.D., (Filing No. 101 ), is granted. 2) Defendant's motion for separate trials, (Filing No. 107 ), in granted in part. As to the li ability and compensatory damages issues, the FELA and FRSA claims will be tried together, but the punitive damages issue will be tried separately and only if and after the jury finds the Railroad liable under the FRSA. 3) Defendant's motions is limine, (Filing No. 112 ), are denied without prejudice to timely re-filing those motions seven (7) days prior to the pretrial conference. 4) Plaintiff's Motion in Limine to Bar Election of Remedy Affirmative Defense, (Filing No. 114 ), is denied. 5) As to Plaintiff's motions in limine, (Filing No. 116 ): a. Plaintiff motion to prohibit the defendant from arguing that the plaintiff's back injury should be apportioned between the injury caused by the alleged negligence at issue herein and any pre-existing conditions or post-accident events is denied. b. Plaintiff's motion to prohibit the defendant from presenting evidence of plaintiff's pre-existing injuries or medical conditions is denied. c. In all o ther respects, Plaintiff's motions in limine are denied without prejudice to timely re-filing those motions seven (7) days prior to the pretrial conference. 6) Plaintiff's motion to add Dr. Ripa as a testifying expert, (Filing No. 118 ), is granted. 7) Defendant's motion to prohibit the plaintiff from offering, mentioning, or using the BNSF/OSHA Accord at trial, (Filing No. 121 ), is granted. 8) Plaintiff's motion to submit additional authority, (Filing No. 125 ) is d enied as moot. 9) Defendant's motion to strike plaintiff's designation of Dr. Ripa as an expert witness, (Filing No. 143 ), is denied. 10) Plaintiff's motion to strike the Railroad's evidence opposing the motion to bar the elec tion of remedies defense, Filing No. 144 ), is denied. 11) The pretrial conference previously scheduled to be held by WebEx conferencing is re-scheduled, and will be held on the record in the Courtroom 2, Federal Building, Lincoln, Nebraska on February 25, 2014 at 2:00 p.m. Two hours are set aside for the conference. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
July 8, 2013 Opinion or Order Filing 111 AMENDED ORDER - IT IS ORDERED that paragraph 3 of the Memorandum and Order filed July 5, 2013, (Filing No. 110 ), is amended as follows: All pretrial motions must be filed by no later than July 19, 2013. Responses shall be filed on or before August 2, 2013, and any reply shall be filed by August 7, 2013. The motions will be deemed fully submitted on August 8, 2013. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
May 23, 2013 Opinion or Order Filing 98 MEMORANDUM AND ORDER denying 53 defendant's Motion in Limine. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
May 14, 2013 Opinion or Order Filing 94 ORDER - IT IS ORDERED that the Pretrial Conference is re-scheduled to be held before the undersigned magistrate judge on July 8, 2013 at 1:00 p.m. by WebEx conferencing. To facilitate this conferencing method, the parties' proposed Pretrial C onference Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in either Word Perfect or Word format, by 9:00 a.m. on July 8, 2013. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by WebEx. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
January 7, 2013 Opinion or Order Filing 82 MEMORANDUM AND ORDER - IT IS ORDERED: The motion to withdraw filed by James B Luers and Wolfe, Snowden, Hurd, Luers & Ahl, LLP as counsel of record on behalf of Defendant, BNSF Railway Company, (filing no. 81 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
December 21, 2012 Opinion or Order Filing 74 MEMORANDUM AND ORDER - After conferring with parties: - - The plaintiff's motion to amend, (filing no. 71 ), is granted. The plaintiff's amended complaint shall be filed on or before December 28, 2012.- - The jury trial of this ca se is set to commence before Cheryl R. Zwart, United States Magistrate Judge, in Courtroom 2, United States Courthouse, Lincoln, Nebraska at 9:00 a.m. on July 22, 2013, or as soon thereafter as the case may be called, for a duration of five (5 ) trial days. - - The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on July 9, 2013 at 1:00 p.m., and will be conducted by WebEx conferencing.- - A telephonic conference with the undersigned magistrate judge will be held on May 14, 2013 at 11:00 a.m. to discuss the status of case progression and potential settlement. Counsel for plaintiff shall place the call.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 12, 2012 Opinion or Order Filing 69 ORDER granting 68 stipulation to amend the progression order. Status Conference set for 2/19/2013 at 10:00 AM by telephone before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
November 7, 2012 Opinion or Order Filing 67 ORDER granting 66 Oral Motion. Jury Trial set for 4/15/2013 at 09:00 AM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Pretrial Conference set for 3/26/2013 at 01:00 PM before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
August 21, 2012 Opinion or Order Filing 36 ORDER granting 34 Motion to Extend. Telephonic conference set for 10/18/2012 is cancelled. Deadline for serving defendant's complete expert disclosures is extended to October 30, 2012. The deadline for filing motions to dism iss, motions for summary judgment, and motions to exclude testimony on Daubert and related grounds is extended to November 30, 2012. Pretrial Conference is reset for 12/4/2012 at 09:00 AM by Webex before Magistrate Judge Cheryl R. Zwart. An email will be sent to counsel of record with the instructions and codes for participating in the pretrial conference by Webex. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
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Plaintiff: David Bliss
Represented By: William J. McMahon
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Defendant: BNSF Railway Company
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