Neylon v. BNSF Railway Co.
| Jeffrey Neylon |
| BNSF Railway Co. |
| 4:2017cv03153 |
| November 22, 2017 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Susan M. Bazis |
| Richard G. Kopf |
| Labor: Other |
| 05 U.S.C. ยง 704 Labor Litigation |
| Plaintiff |
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Filing
137
MEMORANDUM AND ORDER - Defendant's Motion for Summary Judgment (Filing No. 118 ) as to Plaintiff's injury-reporting claim under 49 U.S.C. § 20109(a)(4) of the Federal Railroad Safety Act is granted. Pursuant to this court's previ ous Memorandum and Order (Filing No. 110 ) granting Defendant's Motion for Summary Judgment (Filing No. 83 ) as to Plaintiff's medical-treatment claim under 49 U.S.C. § 20109(c)(2) for the reason that Plaintiff abandoned such claim, and pursuant to this Memorandum and Order granting Defendant's Motion for Summary Judgment (Filing No. 118 ) as to Plaintiff's injury-reporting claim under 49 U.S.C. § 20109(a)(4), judgment shall be entered by separate document. Defe ndant's Motion to Strike Plaintiff's Reply (Filing No. 130 ) is denied as moot for the reason that the court did not consider any portion of Plaintiff's Reply that strayed from the merits of this case. Ordered by Senior Judge Richard G. Kopf. (LKO)
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Filing
126
MEMORANDUM AND ORDER - On or before June 25, 2019, counsel for the parties shall file simultaneous briefs regarding Plaintiff's Notice of Supplemental Authority (Filing No. 125 ). The parties' briefing shall include a discussion of: a. Whether the Eighth Circuit Court of Appeals has held, or would hold, that a railroad employee seeking arbitration pursuant to the Railway Labor Act, 45 U.S.C. § 151, et seq., on his claim that his termination violated a collective-barga ining agreement may simultaneously bring a FRSA claim in federal district court without running afoul of the election-of-remedies provision in the FRSA, 49 U.S.C. § 20109(f)? b. Whether this court is bound by the decision of Public Law B oard No. 7880 (Filing No. 125 -1)? c. Whether the Board's decision (Filing No. 125 -1) that Plaintiff Neylon's employment with Defendant BNSF is to be reinstated and that Neylon is not entitled to receive back pay is dispositive of this case; specifically, is Neylon entitled to any further relief from this court? d. Given the Board's decision (Filing No. 125 -1), do the parties wish to proceed with a settlement conference before Magistrate Judge Bazis? Defendant's Motion for Summary Judgment (Filing No. 118 ) will be held in abeyance pending completion of the above-requested briefs. Ordered by Senior Judge Richard G. Kopf. (LKO)
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Filing
122
MEMORANDUM AND ORDER - that Defendant's Motion to Reassert and Submit Defendant's Motion for Summary Judgment (Filing No. 118 ) is granted, but instead of terminating such Motion, the Clerk of Court shall docket Defendant's Motion t o Reassert and Submit Defendant's Motion for Summary Judgment (Filing No. 118 ) as a pending Motion for Summary Judgment filed by Defendant BNSF Railway Co., with a "motion filed" date of 3/7/2019, a "response due" date of 3/28/2019, and a "reply due" date of 4/4/2019. The court will rule on Defendant's Motion for Summary Judgment (Filing No. 118 ) in the normal course of business. Ordered by Senior Judge Richard G. Kopf. (LKO)
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Filing
111
ORDER - This matter is before the Court on its own motion. Proceedings are stayed pending a ruling on Plaintiff's Motion for Sanctions. (Filing No. 103 .) The pretrial conference and trial are cancelled and will be rescheduled upon further order of the Court. Ordered by Magistrate Judge Susan M. Bazis. (JAB)
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Filing
110
MEMORANDUM AND ORDER - Defendant's Motion for Summary Judgment (Filing No. 83 ) is granted as to Plaintiff's medical-treatment claim under 49 U.S.C. § 20109(c)(2), and such claim is dismissed as abandoned. Defendant's Motion for Summary Judgment (Filing No. 83 ) on Plaintiff's injury-reporting claim under 49 U.S.C. § 20109(a)(4) is denied without prejudice to reassertion following the Magistrate Judge's ruling on Plaintiff's Motion for Sanctions (Filing No. 103 ). Ordered by Senior Judge Richard G. Kopf. (LKO)
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Filing
101
ORDER - that Defendant shall produce (1) the PMP of Donald Smith; (2) the PMP of Wesley Thompson; (3) Item No. 3 as identified on Defendant's privilege log; and (4) Item No. 4 as identified on Defendant's privilege log. These materials shall be produced by December 18, 2018. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
69
ORDER - that Defendant's Motion for Protective Order (Filing No. 21 ) is granted. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
33
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. re: 32 Findings and Recommendations on Case re: 16 Motion to Transfer Case filed by BNSF Railway Company. Accordingly, it is ORDERED that Defendant's Motion to Transfer Venue (ECF No. 16) is GRANTED. This case is hereby transferred to the Lincoln Division of the United States District Court for the District of Nebraska for further proceedings. (Ordered by Judge Reed C. O'Connor on 11/22/2017) (trt) [Transferred from Texas Northern on 11/22/2017.]
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