Sandoval v. Oldehoeft et al
| Leonard C. Sandoval |
| Chad E. Oldehoeft, Leonard E. Oldehoeft and Doris Hall |
| Doris Hall |
| Chad E. Oldehoeft |
| 4:2012cv03129 |
| June 21, 2012 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Warren K. Urbom |
| Cheryl R. Zwart |
| Federal Employer's Liability |
| 45 U.S.C. ยง 51 Railways: Fed. Employer's Liability Act |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
202
MEMORANDUM AND ORDER - IT IS ORDERED: Pursuant to the Stipulation for Dismissal (Filing 201 in 4:12CV3129; Filing 118 in 8:13CV102), Plaintiff National Railroad Passenger Corporation d/b/a Amtrak's claims against Defendants Murphy Group, I nc., a/k/a FW Murphy, and Murphy Industries, LLC, a/k/a FW Murphy, are dismissed with prejudice, each party to pay their own costs and attorney fees. Because it appears that all claims against all parties have been dismissed, judgment dismissing Ca se Nos. 4:12CV3129 and 8:13CV102 shall be entered on February 24, 2014, prior to which time the parties may file objections to the entry of judgment. In the absence of such objections, judgment shall be entered without further notice. Ordered by Senior Judge Richard G. Kopf. (TCL )
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Filing
200
MEMORANDUM AND ORDER - IT IS ORDERED that: Leonard C. Sandoval's Stipulation for Dismissal (case no. 4:12CV3129, filing 199; case no. 8:13CV102, filing 116) is granted. Sandoval claims against Murphy Group, Inc. a/k/a FW Murphy and Murphy Industries, LLC, are dismissed with prejudice, and with each party to bear their own costs and attorney fees. Ordered by Senior Judge Richard G. Kopf. (TCL )
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Filing
198
MEMORANDUM AND ORDER - IT IS ORDERED that: Third Party Defendant Chad E. Oldehoeft's Stipulation for Dismissal (case no. 4:12CV3129, filing 195; case no. 8:13CV102, filing 112) is granted. Third Party Defendant Chad E. Oldehoeft's claims against Defendant Murphy Group, a/k/a FW Murphy and Murphy Industries, are dismissed with prejudice, and with each party to bear their own costs and attorney fees. Chad E. Oldehoeft's Stipulation for Dismissal (case no. 4:12CV3129, filing 19 6; case no. 8:13CV102, filing 113) is granted. Sandoval and Amtrak's claims against Chad E. Oldehoeft are dismissed with prejudice, and with each party to bear their own costs and attorney fees. Leonard E. Oldehoeft's Stipulation for Dismissal (case no. 4:12CV3129, filing 197; case no. 8:13CV102, filing 114) is granted. Sandoval and Amtrak's claims against Leonard E. Oldehoeft are dismissed with prejudice, and with each party to bear their own costs and attorney fees. Leo nard E. Oldehoeft's pending Motion for Summary Judgment (case no. 4:12CV3129, filing 188; case no. 8:13CV102, filing 105) is denied as moot. Member Cases: 4:12-cv-03129-RGK-CRZ, 8:13-cv-00102-RGK-CRZ Ordered by Senior Judge Richard G. Kopf. (TCL )
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Filing
185
ORDER withdrawing (177) Motion to Compel; granting (180) Motion to amend progression deadlines; granting (184) Motion to Withdraw 177 in case 4:12-cv-03129-RGK-CRZ; withdrawing (94) Motion to Compel; granting (97) Motion to amend progression deadlines; granting (101) Motion to Withdraw in case 8:13-cv-00102-RGK-CRZ. Member Cases: 4:12-cv-03129-RGK-CRZ, 8:13-cv-00102-RGK-CRZOrdered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
175
MEMORANDUM AND ORDER - IT IS ORDERED: The motion to withdraw filed by John P. Mullen as counsel of record on behalf of Plaintiff National Railroad Passenger Corporation, (12cv3129, filing no. 174; 13cv102, filing no. 91), is granted. Member Cases: 4:12-cv-03129-RGK-CRZ, 8:13-cv-00102-RGK-CRZ Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
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Filing
172
MEMORANDUM AND ORDER - IT IS ORDERED that Doris Hall's cross-claims against Chad Oldehoeft are dismissed, with prejudice, in both of the above-captioned cases, and that Doris Hall is dismissed as a party in each of these cases. Member Cases: 4:12-cv-03129-RGK-CRZ, 8:13-cv-00102-RGK-CRZ Ordered by Senior Judge Richard G. Kopf. (TCL )
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Filing
171
ORDER granting (160) Motion to Continue in case 4:12-cv-03129-RGK-CRZ and 8:13-cv-00102-RGK-CRZ. Jury Trial set for 5/2/2014 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. Pretrial Conference set for 4/22/2014 at 09:00 AM before Magistrate Judge Cheryl R. Zwart.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
156
MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff National Railroad Passenger Corporation's claims against defendant Doris Hall only are dismissed without prejudice. Doris Hall remains a party in both of the above-captioned cases for purposes of her cross-claim against Chad Oldehoeft. Member Cases: 4:12-cv-03129-RGK-CRZ, 8:13-cv-00102-RGK-CRZ Ordered by Senior Judge Richard G. Kopf. (TCL )
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Filing
147
STIPULATED PROTECTIVE ORDER. Member Cases: 4:12-cv-03129-RGK-CRZ, 8:13-cv-00102-RGK-CRZ Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
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Filing
139
ORDER - IT IS ORDERED: The motion to withdraw Susanne E. Rhodes as an attorney of record for Defendant and Third-Party Plaintiff Chad E. Oldehoeft (filing no. 54 ), is GRANTED. Member Cases: 4:12-cv-03129-RGK-CRZ, 8:13-cv-00102-RGK-CRZOrdered by Magistrate Judge Cheryl R. Zwart. (TCL )
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Filing
136
ORDER - THIS MATTER, having come before this Court upon National Railroad Passenger Corp., d/b/a Amtrak's Motion for Enlargement of Time to Provide its Rule 26 Expert Reports (Filing No. 52). The Court having reviewed said files and being ot herwise fully advised in the premises, HEREBY GRANTS Amtrak's Motion (Filing No. 52). Plaintiff National Railroad Passenger Corp. d/b/a Amtrak shall have through and including September 6, 2013 to file its Rule 26 expert disclosures and reports. Member Cases: 4:12-cv-03129-RGK-CRZ, 8:13-cv-00102-RGK-CRZOrdered by Magistrate Judge Cheryl R. Zwart. (TCL )
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Filing
134
MEMORANDUM AND ORDER - IT IS ORDERED that: A. The motion to consolidate, (8:13-cv-00102, Filing No. 42), is granted. The above-captioned cases are consolidated for all stages of the case prior to appeal, including trial as follows: 1) Sandoval v. Oldehoeft, et. al, 4:12-cv-3129 is hereby designated as the "Lead Case," and National Railroad Passenger Corporation v. Oldehoeft et al, 8:13-cv-102, is designated as a "Member Case." 2) The court's CM/ECF System has th e capacity for "spreading" text among consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in the Member Case. To this end, the parties are instructed to file in the Lead Case, Sandov al v. Oldehoeft, et. al, 4:12-cv-3129, all further documents except those described in paragraph 3 and to select the option "yes" in response to the System's question of whether to spread the text. 3) The parties may not use the spr ead text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; to file items related to service of process; or to file notices of appeal. 4) If a party believes that an item in addition to t hose described in paragraph 3 should not be filed in both of these consolidated cases, the party must move for permission to file the item in only one of the cases. The motion must be filed in both of the consolidated cases using the spread text feature. B. The Murphy defendants' motions to disclose an accident reconstruction expert witness out of time, (Sandoval v. Oldehoeft, et. al, 4:12-cv-3129, filing nos. 116 and 121), and the plaintiffs motion to continue the Daubert deadline, (Sandoval v. Oldehoeft, et. al, 4:12-cv-3129, filing no. 125), are granted. C. The progression order for the above-captioned consolidated cases is as follows: 1) The jury trial is set to commence before Richard G. Kopf, Senior United States Distri ct Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on December 2, 2013, or as soon thereafter as the case may be called, for a duration of five (5) trial days. This case is subject to the prior trial of criminal ca ses and such other civil cases as may be scheduled for trial before this one. Jury selection will be held at the commencement of trial. 2) The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on November 14, 2013 at 10:00 a.m., and will be conducted by WebEx. 3) A telephonic conference with the undersigned magistrate judge will be held on October 22, 2013 at 11:30 a.m. to discuss the status of case progression and potential settlement. The court will provide calling instructions for the conference call. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
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Filing
120
VOLUNTARY DISMISSAL OF CLAIMS AGAINST DEFENDANT DORIS HALL - The Court, having reviewed Plaintiff's Notice of Voluntary Dismissal of Claims Against Defendant Doris Hall, HEREBY ORDERS that Plaintiff's claims against Defendant Doris Hall only are dismissed with prejudice. Ordered by Senior Judge Warren K. Urbom. (TCL )
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Filing
106
ORDER - Before the court is a Notification of Related Case filed by the Defendant in Case No. 8:13CV102 (Filing No. 27). After review of the two matters, the court finds that the above cases are related as defined under NEGenR 1.4(a)(4)(C)(iii). Ac cordingly, Case No. 8:13CV102, National Railroad Passenger Corp v. Chad E. Oldehoeft, et al., is reassigned to Senior United States District Judge Warren K. Urbom for disposition and to Magistrate Judge Cheryl R. Zwart for judicial supervision and processing of all pretrial matters. IT IS SO ORDERED. Ordered by Chief Judge Laurie Smith Camp. (TCL )
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Filing
77
MEMORANDUM AND ORDER granting 76 unopposed motion to continue filed by Defendant and Third Party Plaintiff Chad E. Oldehoeft. The jury trial of this case is set to commence before Warren K. Urbom, Senior United States District Judge, in Courtroom 4, United States Courthouse, Lincoln, Nebraska at 9:00 a.m. on December 2, 2013, or as soon thereafter as the case may be called, for a duration of five (5) trial days. A conference with counsel will be held in Judge Urbom's chambers at 8:30 a.m. on the first day of trial. Jury selection will be held at the commencement of trial. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
63
MEMORANDUM AND ORDER - The motion to withdraw Attorney Travis S. Young as counsel of record on behalf of Defendant, Third Party Plaintiff, and Cross Defendant Chad E. Oldehoeft, (filing no. 61 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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