Lopez et al v. BNSF Railway Company et al

Plaintiff: Tommie Cruz, Tommy Gregory Lopez, Mary G Lopez, Salvador M Lopez, Meghin Leanne Lopez and Osvaldo Rene Lopez
Defendant: City of Wasco, City of Delano, County of Kern, Amtrack, National Railroad Passenger Corporation, California Department of Transportation, State of California, City of McFarland and BNSF Railway Company
Case Number: 1:2007cv01417
Filed: September 26, 2007
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Fresno
Presiding Judge: Gary S Austin
Referring Judge: Oliver W Wanger
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 22, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 22, 2009 Filing 112 ORDER Approving Compromise of Pending Action of Claimant Meghin Leanne Lopez, a Minor, signed by Judge Oliver W. Wanger on 12/21/2009. (Verduzco, M)
December 22, 2009 Filing 111 ORDER Approving Compromise of Pending Action of Claimant Tommy Gregory Lopez, a Minor, signed by Judge Oliver W. Wanger on 12/21/2009. (Verduzco, M)
December 22, 2009 Filing 110 ORDER Approving Compromise of Pending Action of Claimant Osvaldo Rene Lopez, a Minor, signed by Judge Oliver W. Wanger on 12/21/2009. (Verduzco, M)
December 22, 2009 SERVICE BY MAIL: #110 Order, #111 Order, #112 Order, served on Mary G Lopez, Salvador M Lopez. (Verduzco, M)
December 21, 2009 Filing 109 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: Petitions to Approve Minors Compromise of Pending Acts held on 12/21/2009. The Court executes the orders approving compromise of pending actions of minor claimants as noted on the record. Plaintiffs Counsel J. Victoria appeared telephonically. Minors Osvaldo Rene Lopez, Tommy Gregory Lopez, and Meghin Leanne Lopez appeared telephonically. Plaintiffs Mary G. Lopez and Salvador M. Lopez appeared telephonically and in Pro Se. Defendants Counsel J. Shane appeared telephonically.Court Reporter/CD Number: ECRO. (Gaumnitz, R)
December 21, 2009 SERVICE BY MAIL: 109 Minute Entry from 12/21/2009 Hearing, served on Mary G Lopez and Salvador M Lopez. (Gaumnitz, R)
December 18, 2009 Filing 108 ORDER Granting Stipulation To Waive Notice To Hear The Petitions To Approve The Minor's Compromise Hearings, signed by Judge Oliver W. Wanger on 12/18/2009. ( Petitions To Approve Minors Compromise Of Pending Actions #94 , #97 , and #100 are set for 12/21/2009 at 01:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) Parties may appear telephonically. (Gaumnitz, R)
December 18, 2009 Filing 107 MINUTE ORDER: (Text Entry Only) CLERK'S NOTICE to Juan Victoria: The docket indicates that you docketed a proposed order #106 , however you failed to also send it to Judge Wangers order box so it could actually be signed. Please submit the document in Word or WordPerfect format to owworders@caed.uscourts.gov (Gaumnitz, R)
December 18, 2009 Filing 106 STIPULATION to Waive Notice to Hear the Petitions to Approve The Minors' Compromise Hearings on December 21, 2009 by Tommie Cruz. (Victoria, Juan)
December 18, 2009 Filing 105 Stipulation and ORDER of Dismissal of Complaint signed by Judge Oliver W. Wanger on 12/17/2009. (Figueroa, O).
December 18, 2009 SERVICE BY MAIL: #105 Order served on Mary G Lopez, Salvador M Lopez. (Figueroa, O) .
December 17, 2009 Filing 104 MINUTE ORDER: (Text Entry Only)Clerk's Notice to Vincent Castillo: The docket indicates that you docketed a proposed order #103 , however you failed to also send it to Judge Wangers order box so it could actually be signed. Please submit the document in Word or WordPerfect format to owworders@caed.uscourts.gov (Gaumnitz, R)
December 16, 2009 Filing 103 STIPULATION and PROPOSED ORDER for Dismissal of Complaint by AMTRAK, National Railroad Passenger Corporation, BNSF Railway Company. (Castillo, Vincent)
December 10, 2009 Filing 102 PROPOSED ORDER Approving Compromise of Pending Action of Claimant Osvaldo Rene Lopez, A Minor re #100 Petition by Tommie Cruz. (Victoria, Juan)
December 10, 2009 Filing 101 DECLARATION of Juan C. Victoria re #100 Petition. (Victoria, Juan)
December 10, 2009 Filing 100 PETITION for Approval of Compromise of Pending Action of Plaintiff Osvaldo Rene Lopez, A Minor by Tommie Cruz. (Attachments: #1 Exhibit 1 & 2)(Victoria, Juan)
December 10, 2009 Filing 99 PROPOSED ORDER Approving Compromise of Pending Action of Claimant Tommy Gregory Lopez, A Minor re #97 Petition by Tommie Cruz. (Victoria, Juan)
December 10, 2009 Filing 98 DECLARATION of Juan C. Victoria re #97 Petition. (Victoria, Juan)
December 10, 2009 Filing 97 PETITION for Approval of Compromise of Pending Action of Plaintiff Tommy Gregory Lopez, A Minor by Tommie Cruz. (Attachments: #1 Exhibit 1 & 2)(Victoria, Juan)
December 10, 2009 Filing 96 PROPOSED ORDER Approving Compromise of Pending Action of Claimant Meghin Leanne Lopez, A Minor re #94 Petition by Tommie Cruz. (Victoria, Juan)
December 10, 2009 Filing 95 DECLARATION of Juan C. Victoria re #94 Petition. (Victoria, Juan)
December 10, 2009 Filing 94 PETITION for Approval of Compromise of Pending Action of Plaintiff Meghin Leanne Lopez, A Minor by Tommie Cruz. (Attachments: #1 Exhibit 1 & 2)(Victoria, Juan)
December 2, 2009 Filing 93 MINUTE ORDER: (TEXT ENTRY ONLY) A Notice of Settlement has been filed in this matter. Please file a Stipulation of Settlement and Proposed Order will in 21 days of this notice. If a Stipulation and Proposed Order is not received by this date, the Court will dismiss the matter on its own authority. (Kusamura, W)
November 25, 2009 Filing 92 CERTIFICATE of SERVICE by AMTRAK, National Railroad Passenger Corporation, BNSF Railway Company. (Castillo, Vincent)
November 25, 2009 Filing 91 NOTICE of SETTLEMENT by AMTRAK, National Railroad Passenger Corporation, BNSF Railway Company. (Castillo, Vincent)
September 15, 2009 Filing 90 STIPULATION and ORDER to Continue Deadlines for Non-Expert Discovery Cut-Off, Expert Witness Disclosures and Supplemental Expert Witness Disclosures, signed by Judge Oliver W. Wanger on 9/14/2009. Non-Expert Discovery Cut-Off Date Extended to 10/7/2009. Expert Witness Disclosures Deadline Extended to 10/7/2009. Supplemental Expert Witness Disclosures Deadline Extended to 11/16/2009. (Jessen, A)
September 15, 2009 SERVICE BY MAIL: #90 Stipulation and Order served on Mary G Lopez, Salvador M Lopez. (Jessen, A)
September 14, 2009 Filing 89 CERTIFICATE of SERVICE by BNSF Railway Company. (Shane, Jason)
September 14, 2009 Filing 88 STIPULATION and PROPOSED ORDER for TO CONTINUE DEADLINES FOR NON-EXPERT DISCOVERY CUT-OFF, EXPERT WITNESS DISCLOSURES AND SUPPLEMENTAL EXPERT WITNESS by BNSF Railway Company. (Shane, Jason)
September 1, 2009 Filing 87 JUDGMENT for Defendant, County of Kern dated *8/31/2009* pursuant to order signed by Judge Oliver W. Wanger on 08/29/2009. (Lundstrom, T)
September 1, 2009 Filing 86 NOTICE OF ENTRY OF ORDER GRANTING COUNTY OF KERN'S SUMMARY JUDGMENT by County of Kern. (Nations, Mark)
September 1, 2009 SERVICE BY MAIL: #87 Judgment served on Mary G Lopez, Salvador M Lopez. (Lundstrom, T)
August 31, 2009 Filing 85 ORDER signed by Judge Oliver W. Wanger on 8/29/2009 GRANTING #67 MOTION for SUMMARY JUDGMENT filed by County of Kern. Defendant, County of Kern dismissed with prejudice and judgment is entered in favor and against plaintiffs.(Lundstrom, T)
August 31, 2009 SERVICE BY MAIL: #85 Order served on Mary G Lopez, Salvador M Lopez. (Lundstrom, T)
July 31, 2009 Filing 84 ORDER Granting Motion to Compel #70 in Part; ORDER Denying Motion For Sanctions #70 in Part signed by Magistrate Judge Gary S. Austin on 7/31/2009. (Esteves, C)
July 30, 2009 Filing 83 MINUTES (Text Only) for proceedings held before Magistrate Judge Gary S. Austin: MOTION HEARING HELD on 7/30/2009 - Order to follow. Plaintiffs Mary G. Lopez (Pro Se) and Salvador Lopez (Pro Se) present. Defendants Counsel Jason Shane (telephonic) present. Court Reporter/CD Number: ECRO. (Esteves, C)
July 23, 2009 Filing 82 CERTIFICATE of SERVICE by National Railroad Passenger Corporation, BNSF Railway Company re #80 Statement of Non-Opposition, #81 Declaration. (Shane, Jason)
July 23, 2009 Filing 81 DECLARATION of Jason B. Shane in SUPPORT OF #70 MOTION to COMPEL Responses from Plaintiffs Mary G. Lopez and Salvador M. Lopez to Interrogatories and Requests for Production. (Shane, Jason)
July 23, 2009 Filing 80 STATEMENT of NON-OPPOSITION by National Railroad Passenger Corporation, BNSF Railway Company to #70 MOTION to COMPEL Responses from Plaintiffs Mary G. Lopez and Salvador M. Lopez to Interrogatories and Requests for Production. (Shane, Jason)
July 16, 2009 Filing 79 PROPOSED ORDER by County of Kern. (Nations, Mark)
July 10, 2009 Filing 78 Corrected MEMORANDUM of Decision GRANTING Defendant County of Kern's #67 MOTION for SUMMARY JUDGMENT signed by Judge Oliver W. Wanger on 7/9/2009. (Sant Agata, S)
July 10, 2009 SERVICE BY MAIL: #78 Order served on Mary G Lopez, Salvador M Lopez. (Sant Agata, S)
July 9, 2009 Filing 77 MEMORANDUM DECISION GRANTING Defendant County of Kern's #67 Motion for Summary Judgment signed by Judge Oliver W. Wanger on 7/8/2009. (Sant Agata, S)
July 9, 2009 SERVICE BY MAIL: #77 Order on Motion for Summary Judgment served on Mary G Lopez, Salvador M Lopez. (Sant Agata, S)
July 2, 2009 Filing 76 MINUTE ORDER (TEXT ONLY): Due to the unavailability of the Court, the hearing on Defendants' #70 Motion to Compel currently set for 7/17/2009 HAS BEEN CONTINUED to 7/30/2009 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Esteves, C)
July 2, 2009 SERVICE BY MAIL: 76 Minute Order served on Mary G Lopez, Salvador M Lopez. (Esteves, C)
June 29, 2009 Filing 75 MINUTE ORDER: ***TEXT ONLY ENTRY*** In light of plaintiffs' non-opposition to the County of Kern's pending motion for summary judgment #67 , the hearing on that motion, currently set for 7/13/2009, is VACATED. The Court will decide the motion on the papers without oral argument. (Timken, A)
June 16, 2009 Filing 74 CERTIFICATE of SERVICE by National Railroad Passenger Corporation, BNSF Railway Company re #72 Declaration, #70 MOTION to COMPEL Responses from Plaintiffs Mary G. Lopez and Salvador M. Lopez to Interrogatories and Requests for Production, #71 Memorandum in Support of Motion, #73 Proposed Order. (Shane, Jason)
June 16, 2009 Filing 73 PROPOSED ORDER [Proposed] Order re #70 MOTION to COMPEL Responses from Plaintiffs Mary G. Lopez and Salvador M. Lopez to Interrogatories and Requests for Production. (Shane, Jason)
June 16, 2009 Filing 72 DECLARATION of Jason B. Shane in SUPPORT OF #70 MOTION to COMPEL Responses from Plaintiffs Mary G. Lopez and Salvador M. Lopez to Interrogatories and Requests for Production. (Shane, Jason)
June 16, 2009 Filing 71 MEMORANDUM by National Railroad Passenger Corporation, BNSF Railway Company in SUPPORT of #70 MOTION to COMPEL Responses from Plaintiffs Mary G. Lopez and Salvador M. Lopez to Interrogatories and Requests for Production. (Shane, Jason)
June 16, 2009 Filing 70 MOTION to COMPEL Responses from Plaintiffs Mary G. Lopez and Salvador M. Lopez to Interrogatories and Requests for Production by National Railroad Passenger Corporation, BNSF Railway Company. Attorney Shane, Jason Bradley added. Motion Hearing set for 7/17/2009 at 09:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Shane, Jason)
May 28, 2009 Filing 69 STATEMENT of NON-OPPOSITION by Tommie Cruz. Attorney Victoria, Juan Carlos added. (Victoria, Juan)
May 6, 2009 Filing 68 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Vincent Castillo and Jason Bradley Shane for National Railroad Passenger Corporation and BNSF Railway Company (Shane, Jason)
April 9, 2009 Filing 67 MOTION for SUMMARY JUDGMENT NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; SEPARATE STATEMENT OF UNDISPUTED FACTS; DECLARATION OF DAVID FIDDLER; DECLARATION OF BARRY NIENKE; DECLARATION OF TOM NEWELL; DECLARATION OF MARK L. NATIONS; EXHIBITS A-I by County of Kern. Motion Hearing set for 7/13/2009 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Exhibit A & B, #2 Exhibit C, #3 Exhibit D & E, #4 Exhibit F & G, #5 Exhibits H & I, #6 Proof of Service)(Nations, Mark)
January 9, 2009 Filing 66 MEMORANDUM Decision and ORDER GRANTING Defendants State of California and California Department of Transportation's #47 MOTION to DISMISS signed by Judge Oliver W. Wanger on 1/8/2009. (Sondheim, M)
January 9, 2009 SERVICE BY MAIL: #66 Order, served on Tommie Cruz, Mary G Lopez, Salvador M Lopez. (Sondheim, M)
January 8, 2009 Filing 65 MINUTE ORDER: ***TEXT ONLY ENTRY*** The hearing re the motion to dismiss #47 , currently set for 1/12/2009 has been vacated. No appearance by counsel required. The Court has taken this matter under submission. (Timken, A)
January 8, 2009 SERVICE BY MAIL: 65 Minute Order served on Tommie Cruz, Mary G Lopez, Salvador M Lopez (Timken, A)
December 5, 2008 Filing 64 STATEMENT of NON-OPPOSITION by Osvaldo Rene Lopez to #47 MOTION to DISMISS -Sovereign Inmunity. By Tommy Gregory Lopez & Meghin Leanne Lopez (Victoria, Juan)
December 5, 2008 Filing 63 STATEMENT of NON-OPPOSITION by Mary G Lopez to #47 MOTION to DISMISS -Sovereign Inmunity. (Victoria, Juan)
November 24, 2008 Filing 62 SCHEDULING CONFERENCE ORDER: Discovery due by 12/18/2009. Non-Dispositive Motions due by 1/4/2010. Dispositive Motion due by 2/4/2010. Settlement Conference set for 1/6/2010 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. Pretrial Conference set for 4/12/2010 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.Trial set for 5/25/2010 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. signed by Judge Oliver W. Wanger on 11/21/08. (Gil-Garcia, A)
November 24, 2008 SERVICE BY MAIL: #62 Order, served on Tommie Cruz, Mary G Lopez, Salvador M Lopez (Gil-Garcia, A)
November 21, 2008 Filing 61 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: TELEPHONIC SCHEDULING CONFERENCE held on 11/21/2008. The Court to issue order. Plaintiffs M. Lopez - pro se, S. Lopez - pro se, and counsel J. Ostertag present. Defendants Counsel M. Nations, J. Shane, J. Knox present. (Timken, A)
November 14, 2008 Filing 60 JOINT SCHEDULING REPORT by County of Kern. (Nations, Mark)
November 4, 2008 Filing 59 SCHEDULING CONFERENCE ORDER, signed by Judge Oliver W. Wanger on 10/31/2008. Final Scheduling Conference on 11/21/2008 at 8:15 AM in Courtroom 3 before District Judge Oliver W. Wanger. (Sondheim, M)
November 4, 2008 SERVICE BY MAIL: #59 Scheduling Order served on Tommie Cruz, Mary G Lopez, Salvador M Lopez. (Sondheim, M)
November 3, 2008 Filing 58 ORDER Appointing Tommie Cruz as Guardian Ad Litem for Plaintiff Tommy Gregory Lopez, a Minor, signed by Judge Oliver W. Wanger on 10/31/2008. (Sondheim, M)
November 3, 2008 Filing 57 ORDER Appointing Tommie Cruz as Guardian Ad Litem for Plaintiff Osvaldo Rene Lopez, A Minor, signed by Judge Oliver W. Wanger on 10/31/2008. (Sondheim, M)
November 3, 2008 Filing 56 ORDER Appointing Tommie Cruz as Guardian Ad Litem for Plaintiff Meghin Leanne Lopez, a Minor, signed by Judge Oliver W. Wanger on 10/31/2008. (Sondheim, M)
November 3, 2008 SERVICE BY MAIL: #58 Order served on Tommie Cruz, Mary G Lopez, Salvador M Lopez. (Sondheim, M)
November 3, 2008 RE-SERVICE BY MAIL: #56 Order served on Tommie Cruz. (Sondheim, M)
November 3, 2008 SERVICE BY MAIL: #56 Order served on Mary G Lopez, Salvador M Lopez. (Sondheim, M)
November 3, 2008 SERVICE BY MAIL: #57 Order served on Tommie Cruz, Mary G Lopez, Salvador M Lopez. (Sondheim, M)
October 31, 2008 Filing 55 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: SCHEDULING CONFERENCE continued to 11/21/2008 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. The Court to issue order. Plaintiffs Counsel J. Victoria, Mary Lopez - pro per present. Defendants Counsel M. Nations, J. Shane, J. Knox present. (Timken, A)
October 30, 2008 Filing 54 MOTION to APPOINT GUARDIAN AD LITEM Tommie Cruz by Tommy Gregory Lopez. (Attachments: #1 Proposed Order Appointing Tommie Cruz as Guardian ad Litem for Tommy Gregory Lopez, a minor)(Victoria, Juan)
October 30, 2008 Filing 53 MOTION to APPOINT GUARDIAN AD LITEM Tommie Cruz by Osvaldo Rene Lopez. (Attachments: #1 Proposed Order Appointing Tommie Cruz as Guardian ad Litem for Osvaldo Rene Lopez, a minor)(Victoria, Juan)
October 30, 2008 Filing 52 MOTION to APPOINT GUARDIAN AD LITEM Tommie Cruz by Meghin Leanne Lopez. (Attachments: #1 Proposed Order Appointing Tommie Cruz as Guardian ad Litem for Meghin Leanne Lopez, a minor)(Victoria, Juan)
September 12, 2008 Filing 51 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: SCHEDULING CONFERENCE held on 9/12/2008. A further Scheduling Conference has set for 10/31/2008 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, at which time a firm schedule will be set. The motion to dismiss currently set for 10/27/2008 has been vacated and will be reset at the 10/31/2008 scheduling conference. Plaintiffs Counsel J. Victoria, Mary G. Lopez (pro per) present. Defendants Counsel M. Nations, J. Shane, J. Knox present. (Timken, A)
September 5, 2008 Filing 50 JOINT SCHEDULING REPORT by County of Kern. (Nations, Mark)
August 22, 2008 Filing 49 ORDER After Scheduling Conference signed by Judge Oliver W. Wanger on 8/21/2008. Further Scheduling Conference: 9/12/2008 at 8:15 AM, Courtroom 3.(Esteves, C)
August 22, 2008 SERVICE BY MAIL: #49 Order served on Mary G Lopez, Salvador M Lopez. (Esteves, C)
August 21, 2008 Filing 48 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: Telephonic SCHEDULING CONFERENCE held on 8/21/2008. Counsel are instructed to submit a new proposed joint schedule for the case. A further Scheduling Conference is set for 9/12/2008 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel J. Victoria present. Defendants Counsel M. Nations, J. Knox, J. Shane present. (Timken, A)
August 7, 2008 Filing 47 MOTION to DISMISS -Sovereign Inmunity by California Department of Transportation. Attorney Knox, Jeffrey Brandt added. Motion Hearing set for 10/27/2008 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Points and Authorities, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Proposed Order, #6 Proof of Service)(Knox, Jeffrey)
August 1, 2008 Filing 46 ORDER after scheduling conference of 8/1/2008 setting further scheduling conference for 8/21/2008 to discuss Ms. Lopez' attempts to retain counsel; order signed by Judge Oliver W. Wanger on 8/1/08. (Rooney, M)
August 1, 2008 Filing 45 MINUTES (Text Only) for proceedings held on 8/1/2008 before Judge Oliver W. Wanger: SCHEDULING CONFERENCE held and continued to allow time for plaintiff Mary Lopez to retain counsel. Further Scheduling Conference set for 8/21/2008 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel J. Victoria and pro se plaintiff M. Lopez appeared telephonically. Defendants Counsel M. Nations, J. Knox, and J. Shane appeared telephonically. (Rooney, M)
July 31, 2008 Filing 44 ORDER after scheduling conference continuing the scheduling conference to 8/1/2008 at 8:15 a.m. before Judge Oliver W. Wanger; order signed by Judge Oliver W. Wanger on 7/31/08. (Timken, A)
July 31, 2008 Filing 43 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: TELEPHONIC SCHEDULING CONFERENCE continued to 8/1/2008 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiff's counsel to contact pro se parties and arrange for them to appear at this conference. Plaintiffs Counsel J. Victoria present. Defendants Counsel J. Shane, J. Knox, M. Nations present. (Timken, A)
July 24, 2008 Filing 42 JOINT SCHEDULING REPORT by County of Kern. (Nations, Mark)
June 19, 2008 Filing 41 MEMORANDUM DECISION and Order re Granting Motion to Withdraw as Counsel #38 signed by Judge Oliver W. Wanger on 06/18/2008. Attorney Juan Carlos Victoria terminated as counsel of record for Plaintiff's Mary G. Lopez and Salvador M. Lopez. (Arellano, S.)
June 18, 2008 Filing 40 MINUTE ORDER: (TEXT ENTRY ONLY) The Court will rule on the #38 Motion to Withdraw Counsel on the papers. Therefore the Motion hearing currently scheduled for 06/23/2008 has been VACATED, (Kusamura, W)
June 6, 2008 Filing 39 STATEMENT of NON-OPPOSITION to MOTION. Defendant County of Kern's Non-Opposition to Motion to Withdraw Counsel's Appearance (Nations, Mark)
April 24, 2008 Filing 38 MOTION to WITHDRAW as ATTORNEY by Mary G Lopez. Attorney McNicholas, John Patrick added. Motion Hearing set for 6/23/2008 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Declaration Declaration of Juan Victoria Re: Motion to Withdraw, #2 Consent Forms Mary Lopez Consent to Withdrawal of Counsel, #3 Consent Forms Salvador Lopez Consent to Withdrawal of Counsel)(McNicholas, John)
April 24, 2008 Filing 37 MINUTE ORDER: TEXT ONLY ENTRY - The scheduling conference in this matter currently set for 5/2/2008 is continued to 7/31/2008 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger so the issue of representation of the plaintiff may be resolved. No further continuances will be granted. (Lucas, G)
April 4, 2008 Filing 36 CLERK'S JUDGMENT dated *04/04/2008* pursuant to order as to City of Delano, City of McFarland and City of Wasco. (Martin, S)
April 4, 2008 Filing 35 STIPULATION and ORDER; Dismissal with Prejudice of Cities of Delano, McFarland and Wasco, signed by Judge Oliver W. Wanger on 04/04/2008. City of Wasco; City of Delano and City of McFarland terminated.(Martin, S)
April 4, 2008 Filing 34 MINUTE ORDER: ***TEXT ONLY ENTRY*** The docket indicates that you docketed a proposed order, #33 , however you failed to also send it toJudge Wangers order box so it could actually be signed. Please submit the document in Word or WordPerfect format to owworders@caed.uscourts.gov (Timken, A)
April 3, 2008 Filing 33 REQUEST for Dismissal by City of Delano, City of McFarland, City of Wasco. (Peake, Larry)
March 13, 2008 Filing 32 MINUTE ORDER: ***TEXT ONLY ENTRY*** NOTICE TO COUNSEL RE #29 , #30 , #31 : The Federal Court does not accept state court forms. Please e-file and e-mail to owworders@caed.uscourts.gov these requests along with the proposed order in pleading format. (Timken, A)
March 11, 2008 Filing 31 REQUEST for Dismissal by City of Wasco. Attorney Peake, Larry Fred added. (Peake, Larry)
March 11, 2008 Filing 30 REQUEST for Dismissal by City of McFarland. Attorney Peake, Larry Fred added. (Peake, Larry)
March 11, 2008 Filing 29 REQUEST for Dismissal by City of Delano. Attorney Peake, Larry Fred added. (Peake, Larry)
January 22, 2008 Filing 28 ORDER After Scheduling Conference signed by Judge Oliver W. Wanger on 1/17/2008. Further Scheduling Conference: 5/2/08 at 8:15 a.m., Ctrm. 3.(Esteves, C)
January 17, 2008 Filing 27 MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : SCHEDULING CONFERENCE held on 1/17/2008. Court to issue scheduling order. Further Scheduling Conference set for 5/2/2008 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Kusamura, W)
January 15, 2008 Filing 26 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by National Railroad Passenger Corporation, BNSF Railway Company. (Hutchinson, B.)
January 11, 2008 Filing 25 ANSWER to COMPLAINT ANSWER OF DEFENDANT OCUNTY OF KERN TO COMPLAINT by County of Kern. Attorney Nations, Mark Lloyd added.(Nations, Mark)
January 11, 2008 Filing 24 CONSENT to JURISDICTION by US MAGISTRATE JUDGE by Mary G Lopez. (McNicholas, Matthew)
January 10, 2008 Filing 23 JOINT SCHEDULING REPORT by Mary G Lopez. (McNicholas, Matthew)
January 4, 2008 Filing 22 MINUTE ORDER: ***TEXT ONLY ENTRY*** (TIME CHANGE ONLY) To accommodate the Court's schedule, the Scheduling Conference set for 1/17/2008 at 8:45 AM has been reset the same day to 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A)
December 7, 2007 Filing 21 LETTER from attorney Erin Eileen Fry dated 12/04/2007 re direct all [future] communication to Clyde Hutchinson. (Arellano, S.)
December 7, 2007 Filing 20 ORDER DENYING #9 MOTION to REMAND filed by Meghin Leanne Lopez, Tommy Gregory Lopez, Mary G Lopez, Osvaldo Rene Lopez, Salvador M Lopez. Signed by Judge Gary S. Austin on 12/7/2007. (Vasquez, J)
December 3, 2007 Filing 19 PROPOSED ORDER [PROPOSED] ORDER DENYING PLAINTIFF'S MOTION TO REMAND re #9 MOTION to REMAND. Attorney Hutchinson, B. Clyde added. (Hutchinson, B.)
November 30, 2007 Filing 18 MINUTES (Text Only) for proceedings held before Judge Gary S. Austin on 11/30/2007: MOTION HEARING re #9 MOTION to REMAND filed by Meghin Leanne Lopez, Tommy Gregory Lopez, Mary G Lopez, Osvaldo Rene Lopez, Salvador M Lopez HELD and DENIED. Counsel for defense to prepare order. Motion terminated. Plaintiffs Counsel: Juan Victoria present. Defendants Counsel: Erin Fry present, John Hoxie for CA Dept of Transportation appeared telephonically. Court Reporter/CD Number: M. Rooney. (Vasquez, J)
November 21, 2007 Filing 17 MEMORANDUM/RESPONSE in SUPPORT. Attorney McNicholas, Matthew Sawaya added. (Attachments: #1 Evidence to Objection to Opp. Mtn Remand#2)(McNicholas, Matthew)
November 13, 2007 Filing 16 CERTIFICATE of SERVICE by National Railroad Passenger Corporation, BNSF Railway Company. (Fry, Erin)
November 13, 2007 Filing 15 DECLARATION of JOHN SHURSON in OPPOSITION TO re #9 MOTION to REMAND. (Fry, Erin)
November 13, 2007 Filing 14 DECLARATION of ERIN EILEEN FRY in OPPOSITION TO re #9 MOTION to REMAND. (Fry, Erin)
November 13, 2007 Filing 13 DECLARATION of B. CLYDE HUTCHINSON in OPPOSITION TO re #9 MOTION to REMAND. (Fry, Erin)
November 13, 2007 Filing 12 MEMORANDUM/RESPONSE in OPPOSITION re #9 MOTION to REMAND. (Fry, Erin)
October 29, 2007 Filing 10 MINUTE ORDER: TEXT ONLY ENTRY - The hearing on the motion to remand which was set for 11/26/2007 before Judge Wanger is re-set for 11/30/2007 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Lucas, G)
October 26, 2007 Filing 9 MOTION to REMAND by Mary G Lopez, Salvador M Lopez, Osvaldo Rene Lopez, Tommy Gregory Lopez, Meghin Leanne Lopez.Motion Hearing set for 11/26/2007 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Victoria, Juan)
October 12, 2007 Filing 8 ORDER by Chief Judge Garland E. Burrell, Jr.: This action is REASSIGNED to Magistrate Judge Gary S. Austin, and the new case number is 1:07-cv-01417 OWW GSA. (Esteves, C)
September 27, 2007 Filing 7 CERTIFICATE of SERVICE by National Railroad Passenger Corporation, BNSF Railway Company. (Fry, Erin)
September 27, 2007 Filing 6 CIVIL NEW CASE DOCUMENTS ISSUED;Initial Scheduling Conference set for 1/17/2008 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: #1 Notice of Temporary Assignment #2 Consent Forms #3 VDRP Forms) (Flores, E)
September 27, 2007 RECEIPT number CAE100000581 for $350.00 for Civil Filing Fee from Jan E. Vornkahl. (Flores, E)
September 26, 2007 Filing 4 CERTIFICATE of SERVICE by National Railroad Passenger Corporation, BNSF Railway Company. (Fry, Erin)
September 26, 2007 Filing 3 DEMAND for TRIAL by JURY by National Railroad Passenger Corporation, BNSF Railway Company. (Fry, Erin)
September 26, 2007 Filing 2 NOTICE of REMOVAL of Case to Federal Court from Superior Court of California, County of Kern, case number S-1500-CV261675 AEW. by National Railroad Passenger Corporation, BNSF Railway Company.(Fry, Erin)
September 26, 2007 Filing 1 CIVIL COVER SHEET by National Railroad Passenger Corporation, BNSF Railway Company (Fry, Erin)

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Defendant: City of Wasco
Represented By: Larry Fred Peake
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Defendant: City of Delano
Represented By: Larry Fred Peake
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Defendant: County of Kern
Represented By: Mark Lloyd Nations
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Defendant: Amtrack, National Railroad Passenger Corporation
Represented By: Vincent Castillo
Represented By: Jason B. Shane
Represented By: Erin Eileen Fry
Represented By: B. Clyde Hutchinson
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Defendant: California Department of Transportation
Represented By: Jeffrey Brandt Knox
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Defendant: State of California
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Defendant: City of McFarland
Represented By: Larry Fred Peake
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Defendant: BNSF Railway Company
Represented By: Vincent Castillo
Represented By: Jason B. Shane
Represented By: Erin Eileen Fry
Represented By: B. Clyde Hutchinson
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Plaintiff: Tommie Cruz
Represented By: Juan Carlos Victoria
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Plaintiff: Tommy Gregory Lopez
Represented By: Juan Carlos Victoria
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Plaintiff: Mary G Lopez
Represented By: Matthew Sawaya McNicholas
Represented By: John Patrick McNicholas, IV
Represented By: Juan Carlos Victoria
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Plaintiff: Salvador M Lopez
Represented By: Juan Carlos Victoria
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Plaintiff: Meghin Leanne Lopez
Represented By: Juan Carlos Victoria
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Plaintiff: Osvaldo Rene Lopez
Represented By: Juan Carlos Victoria
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