BNSF Railway Company v. Progress Rail Services Corporation
| BNSF Railway Company |
| Progress Rail Services Corporation |
| 3:2013cv00080 |
| September 24, 2013 |
| US District Court for the District of North Dakota |
| Southeastern Office |
| Stutsman |
| Ralph R Erickson |
| Alice R Senechal |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 30, 2016. A more recent docket listing may be available from PACER.
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Filing 139
ORDER by Chief Judge Ralph R. Erickson granting #138 Motion to Dismiss (as)
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| Civil Case Terminated. (as) |
| Filing 138 MOTION to Dismiss by BNSF Railway Company. (Quesada, George) |
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Filing 137
(Text Only) ORDER by Chief Judge Ralph R. Erickson finding as moot #106 Motion in Limine; finding as moot #108 Motion in Limine; finding as moot #110 Motion in Limine; finding as moot #112 Motion in Limine; finding as moot #131 Motion in Limine; finding as moot #133 Motion in Limine. The parties have advised the court that the case has settled. (SH)
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Filing 136
(Text Only) ORDER by Magistrate Judge Alice R. Senechal. The parties advised the court that the case has settled. Closing documents are due by 9/23/2016. The Final Pretrial Conference set for 8/30/2016 and the Pretrial Conference and Jury Trial set for 9/13/2016 are CANCELLED. (AS)
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Filing 135
ORDER by Chief Judge Ralph R. Erickson denying #62 Motion for Summary Judgment; granting #77 Partial Summary Judgment on the issue of whether Progress is a manufacturer under North Dakota Law; denying #79 Motion for Summary Judgment; denying #81 Motion for Partial Summary Judgment; and denying #83 Motion for Partial Summary Judgment. (SH)
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| Filing 134 MEMORANDUM in Support re #133 MOTION in Limine and Request for Ruling on Admissibility of Evidence filed by BNSF Railway Company. (Attachments: #1 Exhibit 1 - Crack Growth Modeling)(Quesada, George) Modified on 8/15/2016 added description to attachment. (js) |
| Filing 133 MOTION in Limine and Request for Ruling on Admissibility of Evidence by BNSF Railway Company. (Quesada, George) |
| Filing 132 MEMORANDUM in Support re #131 MOTION in Limine (Non-Daubert) filed by Progress Rail Services Corporation. (Attachments: #1 Federal Register, Volume 59, Number 47)(Coyle, Michael) |
| Filing 131 MOTION in Limine (Non-Daubert) by Progress Rail Services Corporation. (Coyle, Michael) |
| DOCKET CORRECTION re: #125 Memorandum. Wrong event. Clerk's office restricted and re-filed as Reply to Response at #129 . RE #126 Memorandum. Wrong Event. Clerk's office restricted and re-filed as Reply to Response at #130 (jt) |
| Filing 130 REPLY to Response to Motion re #110 MOTION to Exclude Certain Opinions of Stuart Brown filed by BNSF Railway Company. (jt) |
| Filing 129 REPLY to Response to Motion re #106 MOTION in Limine to Exclude Testimony filed by Progress Rail Services Corporation. (jt) |
| Filing 128 REPLY to Response to Motion re #112 MOTION to Exclude Certain Opinions of Edward Cox filed by BNSF Railway Company. (Quesada, George) |
| Filing 127 REPLY to Response to Motion re #108 MOTION Motion to Exclude Certain Opinions of Norman Hooper filed by BNSF Railway Company. (Attachments: #1 Exhibit A Deposition of Norman Hooper)(Quesada, George) |
| Filing 126 *RESTRICTED - WRONG EVENT SELECTED* MEMORANDUM in Support re #110 MOTION to Exclude Certain Opinions of Stuart Brown filed by BNSF Railway Company. (Quesada, George) Modified on 7/27/2016 to restrict access (jt). |
| Filing 125 *RESTRICTED - WRONG EVENT SELECTED* MEMORANDUM in Support re #106 MOTION in Limine to Exclude Testimony Reply Memorandum filed by Progress Rail Services Corporation. (Coyle, Michael) Modified on 7/27/2016 to restrict access(jt). |
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Filing 124
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #123 Motion for Leave to File Reply with Additional Pages. Defendant's reply shall not exceed twenty pages. (AS)
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| Filing 123 MOTION for Leave to File Reply with Additional Pages by Progress Rail Services Corporation. (Coyle, Michael) |
| DOCKET CORRECTION re: #122 Response to Motion. Clerk's office added description to exhibit. (rh) |
| Filing 122 RESPONSE to Motion re #106 MOTION in Limine to Exclude Testimony filed by BNSF Railway Company. (Attachments: #1 Exhibit 1 - CV of John E. Slater)(Quesada, George) Modified on 7/20/2016 to add description to exhibit. (rh) |
| Filing 121 RESPONSE to Motion re #112 MOTION to Exclude Certain Opinions of Edward Cox filed by Progress Rail Services Corporation. (Attachments: #1 Dep. Ex. 58)(Coyle, Michael) |
| Filing 120 RESPONSE to Motion re #110 MOTION to Exclude Certain Opinions of Stuart Brown filed by Progress Rail Services Corporation. (Attachments: #1 Appx. A to Brown Report)(Coyle, Michael) |
| Filing 119 RESPONSE to Motion re #108 MOTION Motion to Exclude Certain Opinions of Norman Hooper filed by Progress Rail Services Corporation. (Coyle, Michael) |
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Filing 118
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #117 Motion for Leave to File Response with Additional Pages. Plaintiff's response shall not exceed thirty pages. (AS)
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| Filing 117 MOTION for Leave to File Response with Additional Pages by BNSF Railway Company. (Quesada, George) |
| DOCKET CORRECTION re: #109 Motion. Wrong event selected. Clerk's office restricted access to document and re-filed as Memorandum in Support at #114 . Re: #111 Motion. Wrong event selected. Clerk's office restricted access to document and re-filed as Memorandum in Support at #115 . Re: #113 Motion. Wrong event selected. Clerk's office restricted access to document and re-filed as Memorandum in Support at #116 . (rh) |
| Filing 116 MEMORANDUM in Support re #112 MOTION to Exclude Certain Opinions of Edward Cox filed by BNSF Railway Company. (Attachments: #1 Exhibit 1 - Deposition of Edward Cox, #2 Exhibit 2 - CV of Edward Cox, #3 Exhibit 3 - Report of Edward Cox)(rh) |
| Filing 115 MEMORANDUM in Support re #110 MOTION to Exclude Certain Opinions of Stuart Brown filed by BNSF Railway Company. (Attachments: #1 Exhibit 1 - Deposition of Stuart Brown, #2 Exhibit 2 - Report of Stuart Brown, #3 Exhibit 3 - Deposition of Jamie Canas)(rh) |
| Filing 114 MEMORANDUM in Support re #108 MOTION Motion to Exclude Certain Opinions of Norman Hooper filed by BNSF Railway Company. (Attachments: #1 Exhibit 1 - Report of Norman Hooper, #2 Exhibit 2 - CV of Norman Hooper)(rh) |
| Filing 113 *RESTRICTED - WRONG EVENT SELECTED* MOTION Brief in Support of Motion to Exclude Certain Opinions of Edward Cox by BNSF Railway Company. (Attachments: #1 Exhibit 1 - Deposition of Edward Cox, #2 Exhibit 2 - CV of Edward Cox, #3 Exhibit 3 - Report of Edward Cox)(Quesada, George) Modified on 7/6/2016 to restrict access.(rh) |
| Filing 112 MOTION to Exclude Certain Opinions of Edward Cox by BNSF Railway Company. (Quesada, George) |
| Filing 111 *RESTRICTED - WRONG EVENT SELECTED* MOTION Brief in Support of Motion to Exclude Certain Opinions of Stuart Brown by BNSF Railway Company. (Attachments: #1 Exhibit 1 - Deposition of Stuart Brown, #2 Exhibit 2 - Report of Stuart Brown, #3 Exhibit 3 - Deposition of Jamie Canas)(Quesada, George) Modified on 7/6/2016 to restrict access. (rh) |
| Filing 110 MOTION to Exclude Certain Opinions of Stuart Brown by BNSF Railway Company. (Quesada, George) |
| Filing 109 *RESTRICTED - WRONG EVENT SELECTED* MOTION Brief in Support of Motion to Exclude Certain Opinions of Norman Hooper re #108 MOTION Motion to Exclude Certain Opinions of Norman Hooper by BNSF Railway Company. (Attachments: #1 Exhibit 1 - Report of Norman Hooper, #2 Exhibit 2 - CV of Norman Hooper)(Quesada, George) Modified on 7/6/2016 to restrict access. (rh) |
| Filing 108 MOTION to Exclude Certain Opinions of Norman Hooper by BNSF Railway Company. (Quesada, George) |
| Filing 107 MEMORANDUM in Support re #106 MOTION in Limine to Exclude Testimony filed by Progress Rail Services Corporation. (Attachments: #1 Expert Report of David McCracken, #2 David McCracken Deposition, #3 Dr. John Slater Deposition)(Coyle, Michael) |
| Filing 106 MOTION in Limine to Exclude Testimony by Progress Rail Services Corporation. (Coyle, Michael) |
| Filing 105 SUPPLEMENT to document: #93 Response to Motion, #94 Response to Motion by Progress Rail Services Corporation. (Attachments: #1 Exhibit X - Deposition of Edward P. Cox)(Coyle, Michael) Modified on 6/1/2016 add description to attachment (jt). |
| DOCKET CORRECTION re: #101 Reply to Response to Motion. Exhibit should have been filed as a separate attachment to the main document. Clerk's office restricted access to document and re-filed at #104 . (rm) |
| Filing 104 REPLY to Response to Motion re #79 MOTION for Summary Judgment Second Motion for Summary Judgment filed by Progress Rail Services Corporation. (Attachments: #1 Exhibit A - Roller Bearing Journal Axle)(rm) |
| Filing 103 REPLY to Response to Motion re #81 MOTION for Partial Summary Judgment filed by BNSF Railway Company. (Quesada, George) |
| Filing 102 REPLY to Response to Motion re #83 MOTION for Partial Summary Judgment (Superseding and Intervening Causes) filed by BNSF Railway Company. (Quesada, George) |
| Filing 101 *RESTRICTED - SHOULD HAVE BEEN FILED AS SEPARATE ATTACHMENT TO MAIN DOCUMENT* REPLY to Response to Motion re #79 MOTION for Summary Judgment Second Motion for Summary Judgment filed by Progress Rail Services Corporation. (Coyle, Michael) Modified on 5/31/2016 to restrict access to document. (rm) |
| Filing 100 REPLY to Response to Motion re #77 MOTION for Partial Summary Judgment filed by BNSF Railway Company. (Quesada, George) |
| DOCKET CORRECTION re: #93 Reponse to Motion. Clerk's office added descriptions to exhibits. (rh) |
| Filing 99 REDACTION Deposition of Robert Wolbert to #97 Sealed Document by BNSF Railway Company. (Quesada, George) |
| Filing 98 REDACTION Deposition of Huseyin Guzel to #96 Sealed Document by BNSF Railway Company. (Quesada, George) |
| Filing 97 SEALED DOCUMENT Deposition of Robert Wolbert by BNSF Railway Company. (Quesada, George) |
| Filing 96 SEALED DOCUMENT Deposition of Huseyin Guzel by BNSF Railway Company. (Quesada, George) |
| Filing 95 RESPONSE to Motion re #77 MOTION for Partial Summary Judgment filed by Progress Rail Services Corporation. (Coyle, Michael) |
| Filing 94 RESPONSE to Motion re #83 MOTION for Partial Summary Judgment (Superseding and Intervening Causes) filed by Progress Rail Services Corporation. (Coyle, Michael) |
| Filing 93 RESPONSE to Motion re #81 MOTION for Partial Summary Judgment filed by Progress Rail Services Corporation. (Attachments: #1 Exhibit A - Declaration of Robert Wolbert, #2 Exhibit B - Deposition Exhibit 26, #3 Exhibit C - Deposition of Eddie Sidebottom, #4 Exhibit D - Deposition of Jason Boyd, #5 Exhibit E - Deposition of Jamie Canas, #6 Exhibit F - Deposition Exhibit 31, #7 Exhibit G - Deposition Exhibit 32, #8 Exhibit H - Deposition Exhibit 34, #9 Exhibit I - Deposition Exhibit 58, #10 Exhibit J - Deposition Exhibit 95, #11 Exhibit K - Deposition Exhibit 96, #12 Exhibit L - Deposition Exhibit 99, #13 Exhibit M - BNSF's Answers to Interrogatory, #14 Exhibit N - BNSF's Responses to Requests for Production (Third Set), #15 Exhibit O - BNSF's Responses to Requests for Admission, #16 Exhibit P - BNSFs Supplemental Responses to Requests for Admission, #17 Exhibit Q -Progress Rail's Answer to BNSFs Second Set Interrogatory, #18 Exhibit R - BNSFs Non-retained Expert witness disclosure, #19 Exhibit S - Report of BNSF Expert Witness John Slater, #20 Exhibit T - Report of Progress Rail Expert Witness Edward Cox, #21 Exhibit U - Report of Progress Rail Expert Witness Stuart Brown, #22 Exhibit V - Report of Progress Rail Expert Witness Norm Hooper, #23 Exhibit W - Declaration of Michael F. Coyle)(Coyle, Michael) Modified on 5/17/2016 to add descriptions to attachments. (rh) |
| Filing 92 RESPONSE to Motion re #79 MOTION for Summary Judgment Second Motion for Summary Judgment filed by BNSF Railway Company. (Attachments: #1 Exhibit A - Deposition of Chris Tsang)(Quesada, George) |
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Filing 91
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed #90 Motion for Leave to File Supplement Record with Forthcoming Deposition Transcript. (AS)
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| DOCKET CORRECTION re: #90 Motion for Summary Judgment. Corrected motion relief from Motion for Summary Judgment to Motion for Leave to File. (mk) |
| Filing 90 MOTION for Leave to File Supplement Record with Forthcoming Deposition Transcript by Progress Rail Services Corporation. (Coyle, Michael) Modified on 5/12/2016 to correct motion type. NEF Regenerated.(mk) |
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Filing 89
ORDER by Magistrate Judge Alice R. Senechal granting #86 Motion for Leave to File Under Seal. (AS)
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Filing 88
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #87 Joint Motion for Extension of Time to File Responses re #77 MOTION for Partial Summary Judgment, #81 MOTION for Partial Summary Judgment, #79 MOTION for Summary Judgment, and #83 MOTION for Partial Summary Judgment. Responses due by 5/13/2016. (AS)
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| Filing 87 MOTION for Extension of Time to File Response/Reply as to #79 MOTION for Summary Judgment Second Motion for Summary Judgment, #77 MOTION for Partial Summary Judgment , #80 MEMORANDUM in Support, #82 MEMORANDUM in Support, #81 MOTION for Partial Summary Judgment , #78 MEMORANDUM in Support Joint Motion for Extension of Time to Respond to Summary Judgment Motions by Progress Rail Services Corporation. (Cooper, Patrick) |
| Filing 86 MOTION for Leave to File Under Seal by BNSF Railway Company. (Attachments: #1 Memorandum in Support of Filing Under SEal, #2 Proposed Sealed Document, #3 Proposed Sealed Document, #4 Proposed Sealed Document)(Quesada, George) |
| Filing 85 REPLY to Response to Motion re #62 MOTION for Summary Judgment filed by Progress Rail Services Corporation. (Coyle, Michael) |
| DOCKET CORRECTION re: Attachments to SEALED DOCUMENT #68 (exhibit 22, 23, 26 and 28) and SEALED DOCUMENT #73 (Part 3 or 5) were not attached to the entry. Pursuant to the Court's Order at #76 , counsel was directed to file a Motion for Leave to File Under Seal with the attached proposed sealed documents. Clerk's office will not require documents to be supplemented to the Sealed Document but counsel should attach them to their forthcoming Motion. (as) |
| Filing 84 MEMORANDUM in Support re #83 MOTION for Partial Summary Judgment (Superseding and Intervening Causes) filed by BNSF Railway Company. (Quesada, George) |
| Filing 83 MOTION for Partial Summary Judgment (Superseding and Intervening Causes) by BNSF Railway Company. (Quesada, George) |
| Filing 82 MEMORANDUM in Support re #81 MOTION for Partial Summary Judgment filed by BNSF Railway Company. (Quesada, George) |
| Filing 81 MOTION for Partial Summary Judgment by BNSF Railway Company. (Attachments: #1 Exhibit A - Detroit Edison printout relating to DEEX5423, #2 Exhibit B - Railcar Service Agreement, #3 Exhibit C - Assoc of American Railroads Manual, #4 Exhibit D - Exh 32 to David Douglas Deposition, #5 Exhibit E - Affidavit of George Quesada)(Quesada, George) |
| Filing 80 MEMORANDUM in Support re #79 MOTION for Summary Judgment Second Motion for Summary Judgment filed by Progress Rail Services Corporation. (Attachments: #1 Exhibit 1 - Declaration of Robert Wolbert, #2 Exhibit 2 - Deposition of Jason Boyd)(Coyle, Michael) Modified on 4/19/2016 to add descriptions to exhibits. (as) |
| Filing 79 MOTION for Summary Judgment Second Motion for Summary Judgment by Progress Rail Services Corporation. (Coyle, Michael) |
| Filing 78 MEMORANDUM in Support re #77 MOTION for Partial Summary Judgment filed by BNSF Railway Company. (Quesada, George) |
| Filing 77 MOTION for Partial Summary Judgment by BNSF Railway Company. (Quesada, George) |
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Filing 76
ORDER by Magistrate Judge Alice R. Senechal regarding sealed documents. (LS)
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| Filing 75 SEALED DOCUMENT re #67 Sealed Document, by BNSF Railway Company. (Attachments: #1 Proposed Sealed Document Alicia Bitner Depo Exhibit 25 - part 5 of 5)(Quesada, George) |
| Filing 74 SEALED DOCUMENT re #67 Sealed Document, by BNSF Railway Company. (Attachments: #1 Proposed Sealed Document Alicia Bitner Depo Exhibit 25 - part 4 of 5)(Quesada, George) |
| Filing 73 SEALED DOCUMENT re #67 Sealed Document, by BNSF Railway Company. (Quesada, George) |
| Filing 72 SEALED DOCUMENT re #67 Sealed Document, by BNSF Railway Company. (Attachments: #1 Proposed Sealed Document Alicia Bitner Depo Exhibit 25 - part 2 of 5)(Quesada, George) |
| Filing 71 SEALED DOCUMENT re #67 Sealed Document, by BNSF Railway Company. (Attachments: #1 Proposed Sealed Document Alicia Bitner Depo Exhibit 25 - part 1 of 5)(Quesada, George) |
| Filing 70 SEALED DOCUMENT re #67 Sealed Document, by BNSF Railway Company. (Attachments: #1 Proposed Sealed Document Alicia Bitner Deposition Exhibit 27)(Quesada, George) |
| Filing 69 SEALED DOCUMENT re #67 Sealed Document, by BNSF Railway Company. (Attachments: #1 Proposed Sealed Document Alicia Bitner Depo Exhibit 24)(Quesada, George) |
| Filing 68 SEALED DOCUMENT re #67 Sealed Document, by BNSF Railway Company. (Quesada, George) |
| Filing 67 SEALED DOCUMENT re #64 Response to Motion,, by BNSF Railway Company. (Attachments: #1 Proposed Sealed Document Deposition Transcript, #2 Proposed Sealed Document Deposition Transcript, #3 Proposed Sealed Document Deposition Transcript, #4 Proposed Sealed Document Deposition Transcript, #5 Proposed Sealed Document Deposition Transcript)(Quesada, George) |
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Filing 66
ORDER by Magistrate Judge Alice R. Senechal denying #65 Motion for Leave to File Deposition Excerpts. (LS)
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| Filing 65 MOTION for Leave to File Deposition Excerpts by BNSF Railway Company. (Quesada, George) |
| DOCKET CORRECTION re: #64 Response to Motion. Partial deposition transcripts filed. Per Local Rule, filer should re-file the complete transcripts using the Supplement event and link it to document #64 . (mk) |
| Filing 64 RESPONSE to Motion re #62 MOTION for Summary Judgment filed by BNSF Railway Company. (Attachments: #1 Exhibit A - Depo Excerpts of Robert Wolbert, #2 Exhibit B - Declaration of Jason Boyd, #3 Exhibit C - Depo Excerpts of David Douglas, #4 Exhibit D - Depo Excerpts of Kyle Clem, #5 Exhibit E - Depo Excerpts of Alicia Bitner, #6 Exhibit F - Depo Excerpts of Huseyin Guzel, #7 Exhibit G - Resume of Alicia Bitner, #8 Exhibit H - Resume of Huseyin Guzel)(Quesada, George) |
| DOCKET CORRECTION re: #63 Memorandum in Support. Clerk's office added descriptions to exhibits. (rh) |
| Filing 63 MEMORANDUM in Support re #62 MOTION for Summary Judgment filed by Progress Rail Services Corporation. (Attachments: #1 Exhibit A - Declaration of Robert Wolbert, #2 Exhibit B - Declaration of Patrick S. Cooper, #3 Exhibit 1 - BNSF's Objections and Responses to Defendant's Requests for Admissions, dated December 30, 2014, #4 Exhibit 2 - BNSF's Supplemental Objections and Responses to Defendant's Requests for Admissions, dated July 24, 2015, #5 Exhibit 3 - BNSF's Supplemental Objections and Responses to Defendant's Requests for Admissions, dated June 23, 2015)(Cooper, Patrick) Modified on 3/16/2016 to add descriptions to exhibits. (rh) |
| Filing 62 MOTION for Summary Judgment by Progress Rail Services Corporation. (Cooper, Patrick) |
| Filing 61 CERTIFICATE OF SERVICE by BNSF Railway Company re #60 Notice of Substitution of Attorney (Plambeck, Stephen) |
| Filing 60 NOTICE of Substitution of Attorney by Stephen W. Plambeck on behalf of BNSF Railway Company (Plambeck, Stephen) |
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Filing 59
(Text Only) ORDER Adopting Stipulation by Magistrate Judge Alice R. Senechal re #58 Stipulation filed by Progress Rail Services Corporation. Discovery due by 2/29/2016. Plaintiff(s) Expert Witness Disclosures and Reports due by 2/29/2016. Defendant(s) Expert Witness Disclosures and Reports due by 3/31/2016. Dispositive Motions due by 4/15/2016. Other Nondispositive Motions due by 7/5/2016. Final Pretrial Conference RESET for 8/30/2016 at 10:00 AM in Chambers before Magistrate Judge Alice R. Senechal. (Previously set for 8/3/2016 at 09:00 AM). Pretrial Conference RESET for 9/13/2016 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. (Previously set for 8/16/2016 at 09:00 AM). Jury Trial RESET for 9/13/2016 at 09:30 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. (Previously set for 8/16/2016 at 09:00 AM). (Trial est. 6-8 days). (LS)
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| Filing 58 STIPULATION re 54 Order Adopting Stipulation, Set Deadlines/Hearings,,,,,, Joint Stipulation to Extend Progression Deadlines by Progress Rail Services Corporation. (Cooper, Patrick) |
| Filing 57 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Status Conference held on 12/7/2015. (lc) |
| Filing 56 NOTICE of Hearing: Status Conference set for 12/7/2015 at 09:00 AM in by telephone before Magistrate Judge Alice R. Senechal. Plaintiff shall initiate the call. The telephone number for chambers is 701-297-7070. (LS) |
| Filing 55 STIPULATION (Joint) to Extend Progression Deadlines by Progress Rail Services Corporation. (Coyle, Michael) |
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Filing 54
(Text Only) ORDER Adopting Stipulation by Magistrate Judge Alice R. Senechal re #53 Stipulation filed by Progress Rail Services Corporation. Discovery due by 12/31/2015. Plaintiff(s) Expert Witness Disclosures and Reports due by 12/31/2015. Defendant(s) Expert Witness Disclosures and Reports due by 1/29/2016. Dispositive Motions due by 2/19/2016. Other Nondispositive Motions due by 3/4/2016. Final Pretrial Conference RESET for 8/3/2016 at 09:00 AM in Chambers before Magistrate Judge Alice R. Senechal. (Previously set for 6/21/2016). Pretrial Conference RESET for 8/16/2016 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. (Previously set for 7/5/2016). Jury Trial RESET for 8/16/2016 at 09:30 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. (Previously set for 7/5/2016). (Trial est. 6-8 days). (LS)
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| Filing 53 STIPULATION re 43 Order, Set Deadlines,, Joint Stipulation to Extend Progression Deadlines by Progress Rail Services Corporation. (Cooper, Patrick) |
| Filing 52 ANSWER to #51 Amended Complaint by Progress Rail Services Corporation.(Cooper, Patrick) |
| Filing 51 AMENDED COMPLAINT against Progress Rail Services Corporation filed by BNSF Railway Company.(Quesada, George) |
| Filing 50 NOTICE by Progress Rail Services Corporation Regarding Plaintiff's Motion For Leave To Amend (Cooper, Patrick) |
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Filing 49
ORDER by Magistrate Judge Alice R. Senechal granting #47 Motion for Leave to File Amended Complaint. Plaintiff is directed to file the proposed amended complaint. (AS)
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| Filing 48 AMENDED DOCUMENT by BNSF Railway Company. Amendment to #47 MOTION to Amend/Correct ComplaintMOTION for Leave to File Amended Complaint Amended Certificate of Conference. (Quesada, George) |
| DOCKET CORRECTION re: #47 Motion to Amend/Correct, Motion for Leave to File. Clerk's office removed unnecessary Motion type (Motion to Amend/Correct). (rh) |
| Filing 47 MOTION for Leave to File Amended Complaint by BNSF Railway Company. (Attachments: #1 Proposed Amended Complaint, #2 Brief in Support of Motion)(Quesada, George) Modified on 5/18/2015 to remove incorrect motion type (Motion to Amend/Correct). (rh) |
| Filing 45 NOTICE of Hearing: Final Pretrial Conference RESET for 6/21/2016 at 10:00 AM in Chambers before Magistrate Judge Alice R. Senechal. (Previously set for 3/23/2016 at 10:30 AM). See written instructions at Doc. #32 regarding submission of documents. Documents shall be submitted by email to ndd_J-Senechal@ndd.uscourts.gov. (LS) |
| Filing 44 NOTICE of Hearing:Pretrial Conference RESET for 7/5/2016 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. (Previously set for 04/05/2016 at 9:00 AM). Jury Trial RESET for 7/5/2016 at 09:30 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. (Previously set for 04/05/2016 at 9:30 AM). (Trial est. 6-8 days).(LS) |
| Filing 46 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Mid-Discovery Status Conference held on 3/24/2015. (lc) |
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Filing 43
(Text Only) ORDER by Magistrate Judge Alice R. Senechal re #30 Scheduling Order. Amended Pleadings due by 5/15/2015. Discovery due by 10/31/2015. Plaintiff(s) Expert Witness Disclosures and Reports due by 10/31/2015. Defendant(s) Expert Witness Disclosures and Reports due by 11/30/2015. Dispositive Motions due by 12/31/2015. Other Nondispositive Motions due by 1/15/2016. (LS)
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| Filing 42 NOTICE by Progress Rail Services Corporation Notice of Intention to Serve Subpoena Duces Tecum (Cooper, Patrick) |
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Filing 41
(Text Only) ORDER REASSIGNING CASE to Magistrate Judge Alice R. Senechal as referral judge for all further proceedings by Chief Judge Ralph R. Erickson. Magistrate Judge Karen K. Klein no longer referral judge on the case. Any previously scheduled hearings remain set for the same date and time. (kmk)
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| Filing 40 NOTICE of Hearing: Mid-Discovery Status Conference RESET for 3/24/2015 at 10:30 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiff shall initiate the call. The telephone number for chambers is (701) 297-7070. (Previously set for 3/30/2015 at 10:00 AM). (AS) |
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Filing 39
(Text Only) ORDER by Magistrate Judge Karen K. Klein adopting the #36 Stipulation filed by BNSF Railway Company. (MS)
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Filing 38
PROTECTIVE ORDER by Magistrate Judge Karen K. Klein. (MS)
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Filing 37
(Text Only) ORDER by Magistrate Judge Karen K. Klein granting #35 Motion for Protective Order. (MS)
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| Filing 36 STIPULATION FOR EXTENSION OF TIME FOR PLAINTIFF TO RESPOND TO DEFENDANT'S DISCOVERY REQUESTS by BNSF Railway Company. (Quesada, George) |
| Filing 35 MOTION for Protective Order Unopposed Motion for Entry of Stipulated Protective Order by Progress Rail Services Corporation. (Attachments: #1 Exhibit Stipulation and Order for the Protection and Exchange of Confidential Information and Inadvertent Disclosure of Privileged and Trial Preparation Materials)(Stock, Robert) |
| Filing 34 Minute Entry for proceedings held before Magistrate Judge Karen K. Klein: Scheduling Conference held on 10/15/2014. (jo) |
| Filing 33 NOTICE of Hearing: Mid-Discovery Status Conference set for 3/30/2015 at 10:00 AM by telephone before Magistrate Judge Karen K. Klein. Plaintiff shall initiate the call. The telephone number for chambers is (701) 297-7070. (JJC) |
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Filing 32
ORDER by Magistrate Judge Karen K. Klein. Final Pretrial Conference set for 3/23/2016 at 10:30 AM in Chambers before Magistrate Judge Karen K. Klein. (JJC) (Main Document 32 replaced on 10/15/2014 to correct day of the week in pleading. NEF Regenerated.) (as)
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| Filing 31 NOTICE of Hearing: Jury Trial set for 4/5/2016 at 09:30 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. Pretrial Conference set for 4/5/2016 at 09:00 AM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. Trial estimate is 6-8 days. (JJC) |
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Filing 30
SCHEDULING ORDER by Magistrate Judge Karen K. Klein. Discovery due by 7/1/2015. Plaintiff(s) Expert Witness Disclosures and Reports due by 6/30/2015. Defendant(s) Expert Witness Disclosures and Reports due by 7/30/2015. Joinder of Parties due by 12/15/2014. Amended Pleadings due by 4/15/2015. Other Nondispositive Motions due by 9/15/2015. Threshold Motions due by 11/15/2014. Dispositive Motions due by 8/29/2015. (JJC)
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| Filing 29 CERTIFICATE OF SERVICE by BNSF Railway Company re #28 Notice of Appearance (Hanson, Mark) |
| Filing 28 NOTICE of Appearance by Mark R. Hanson on behalf of BNSF Railway Company (Hanson, Mark) |
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Filing 27
ORDER by Magistrate Judge Karen K. Klein for a Rule 26(f) Planning Meeting and a Rule 16(b) Scheduling Conference, and ORDER regarding Resolution of Discovery Disputes. Scheduling Conference set for 10/15/2014 at 11:00 AM before Magistrate Judge Karen K. Klein. (JJC)
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| Filing 26 ANSWER to #1 Complaint with Jury Demand Defendant's Answer, Affirmative Defenses, and Jury Demand by Progress Rail Services Corporation.(Stock, Robert) |
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Filing 25
MEMORANDUM, OPINION, AND ORDER by Chief Judge Ralph R. Erickson denying #7 Motion to Dismiss filed by Progress Rail Services Corporation. (JA)
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| Filing 24 Minute Entry for proceedings held before Chief Judge Ralph R. Erickson: Motion Hearing held on 6/24/2014 re #7 MOTION to Dismiss filed by Progress Rail Services Corporation. (Court Reporter kk) (sg) |
| Filing 23 NOTICE of Hearing on Motion #7 MOTION to Dismiss: Motion Hearing set for 6/24/2014 at 1:30 PM in Fargo Courtroom 1 before Chief Judge Ralph R. Erickson. (sg) |
| DOCKET CORRECTION re: #21 RESPONSE. Wrong event selected. Clerk's office restricted access and re-filed as REPLY at #22 . (as) |
| Filing 22 REPLY to Response to Motion re #7 MOTION to Dismiss filed by Progress Rail Services Corporation. (as) |
| Filing 21 *RESTRICTED - WRONG EVENT SELECTED* RESPONSE to Motion re #7 MOTION to Dismiss Reply Brief in Support of Defendant's Motion to Dismiss filed by Progress Rail Services Corporation. (Stock, Robert) Modified on 1/17/2014 to restrict access. (as) |
| Filing 20 CERTIFICATE OF SERVICE by BNSF Railway Company re #19 Response to Motion in Opposition to Motion to Dismiss (Plambeck, Stephen) |
| Filing 19 RESPONSE to Motion re #7 MOTION to Dismiss In Opposition to Motion filed by BNSF Railway Company. (Plambeck, Stephen) |
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Filing 18
(Text Only) ORDER by Magistrate Judge Karen K. Klein granting #15 Motion for Leave to Appear Pro Hac Vice for Attorney Robert F. Futhey; granting #16 Motion for Leave to Appear Pro Hac Vice for Attorney Patrick S. Cooper; granting #17 Motion for Leave to Appear Pro Hac Vice for Attorney Michael F. Coyle. (AS) NEF regenerated to PHV attorneys on 11/26/2013. (rm)
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| Filing 17 MOTION for Leave to Appear Pro Hac Vice Attorney Michael F. Coyle (Filing fee $150, receipt number 114000218) by Progress Rail Services Corporation. (lf) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Attorney Patrick S. Cooper (Filing fee $150, receipt number 114000217) by Progress Rail Services Corporation. (lf) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Attorney Robert F. Futhey (Filing fee $150, receipt number 114000216) by Progress Rail Services Corporation. (lf) |
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Filing 14
(Text Only) ORDER by Magistrate Judge Karen K. Klein granting #10 Motion for Extension of Time to File Response/Reply re #7 MOTION to Dismiss. Response due by 12/20/2013. Reply due by 1/17/2014. (AS)
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Filing 13
(Text Only) ORDER by Magistrate Judge Karen K. Klein adopting the #12 Stipulation filed by BNSF Railway Company. Plaintiff's response to the motion to dismiss is due by 12/20/2013. Defendant's reply due by 1/17/2014. (AS)
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| Filing 12 STIPULATION AGREED by BNSF Railway Company. (Quesada, George) |
| Filing 11 MEMORANDUM in Support re #10 MOTION for Extension of Time to File Response/Reply filed by BNSF Railway Company. (Quesada, George) |
| Filing 10 MOTION for Extension of Time to File Response/Reply re: #7 Motion to Dismiss by BNSF Railway Company. (Quesada, George) Modified on 11/18/2013 to add link (lh). |
| Filing 9 Corporate Disclosure Statement by Progress Rail Services Corporation. (Stock, Robert) |
| Filing 8 MEMORANDUM in Support re #7 MOTION to Dismiss filed by Progress Rail Services Corporation. (Stock, Robert) |
| Filing 7 MOTION to Dismiss by Progress Rail Services Corporation. (Stock, Robert) |
| Filing 6 SUMMONS Returned Executed by BNSF Railway Company. Progress Rail Services Corporation served on 10/7/2013, answer due 10/28/2013 (Plambeck, Stephen) |
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Filing 5
(Text Only) ORDER by Magistrate Judge Karen K. Klein granting #3 Motion for Leave to Appear Pro Hac Vice for Attorney George Quesada. (AS) NEF regenerated to PHV Attorney George Quesada (lf).
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| DOCKET CORRECTION re: #4 CORPORATE DISCLOSURE STATEMENT. Clerk's office added corporate parent Burlington Northern Santa Fe, L.L.C. (as) |
| Filing 4 Corporate Disclosure Statement by BNSF Railway Company identifying Burlington Northern Santa Fe, L.L.C. as a corporate parent. (Plambeck, Stephen) Modified on 9/25/2013 to add corporate parent. (as) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice Attorney George Quesada (Filing fee $150, receipt number 313000555) by BNSF Railway Company. (lf) |
| Filing 2 Summons Issued as to Progress Rail Services Corporation. (as) |
| Filing 1 COMPLAINT against Progress Rail Services Corporation (Filing fee $400, receipt number 313000554) filed by BNSF Railway Company. (Attachments: #1 Civil Cover Sheet)(as) |
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