Waldschmidt v. Union Pacific Railroad Company
| Charles Waldschmidt |
| Union Pacific Railroad Company and Union Pacific Railroad Co. |
| 1:2020cv03808 |
| December 28, 2020 |
| US District Court for the District of Colorado |
| Raymond P Moore |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12111 |
| Plaintiff |
Docket Report
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| Filing 27 CASE REASSIGNED pursuant to #25 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 20-cv-03808-RM. (Text Only Entry) (jgonz, ) |
| Filing 26 NOTICE of Entry of Appearance by David P. Kennison on behalf of Union Pacific Railroad Co.Attorney David P. Kennison added to party Union Pacific Railroad Co.(pty:dft) (Kennison, David) |
| Filing 25 CONSENT to Jurisdiction of Magistrate Judge by Defendant Union Pacific Railroad Co. All parties do not consent.. (Moore, Scott) |
| Filing 24 Defendant's ANSWER to #20 Amended Complaint by Union Pacific Railroad Co..(Moore, Scott) |
| Filing 23 BRIEF in Support of #22 Partial MOTION to Dismiss Defendant's Motion to Partially Dismiss Plaintiff's First Amended Class Action Complaint Defendant's Suggestions in Support of Its Motion to Partially Dismiss Plaintiff's First Amended Class Action Complaint filed by Defendant Union Pacific Railroad Co.. (Attachments: #1 Exhibit A - EEOC Charge, #2 Exhibit B - EEOC RTS, #3 Exhibit C - Harris Complaint, #4 Exhibit D - Harris First Amended Complaint)(Rhoten, Katherine) |
| Filing 22 Partial MOTION to Dismiss Defendant's Motion to Partially Dismiss Plaintiff's First Amended Class Action Complaint by Defendant Union Pacific Railroad Co.. (Rhoten, Katherine) |
Filing 21
ORDER This matter is before the Court on #9 Defendant's Motion to Partially Dismiss #1 Plaintiff's Class Action Complaint (the "Motion"). On 2/10/2021, Plaintiff filed #20 Plaintiff's First Amended Class Action Complaint and Demand for Jury Trial (the "Amended Complaint"), which Plaintiff was entitled to file without leave of the Court in response to the Motion. See Fed. R. Civ. P. 15(a)(1)(B). Because the Amended Complaint is now the operative complaint in this matter, the Motion is DENIED AS MOOT. See Gilles v. United States, 906 F.2d 1386, 1389 (10th Cir. 1990) (finding that "a pleading that has been amended under Rule 15(a) supersedes the pleading it modifies"). SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/11/2021. Text Only Entry(stvlc1, )
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| Filing 20 AMENDED COMPLAINT against Union Pacific Railroad Co., filed by Charles Waldschmidt.(Hansen, Adam) |
| Filing 19 NOTICE of Filing Amended Pleading by Plaintiff Charles Waldschmidt (Attachments: #1 Exhibit A)(Hansen, Adam) |
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Filing 18
ORDER This matter is before the Court on #17 Motion to Withdraw and Substitute Counsel (the "Motion"). Pursuant to the Motion, the Court understands that counsel for Plaintiff, Nicholas D. Thompson, is no longer associated with The Moody Law Firm but rather is now an attorney with Casey Jones Law and thus seeks to have The Moody Law Firm withdrawn as counsel of record for Plaintiff. The Motion is GRANTED and, although Mr. Thompson shall remain counsel for Plaintiff, The Moody Law Firm is relieved of any further representation of Plaintiff. Mr. Thompson is reminded that he is required to update his CM/ECF account pursuant to D.C.COLO.LAttyR 5(c). SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/28/2021. Text Only Entry(stvlc1, )
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| Filing 17 MOTION to Substitute Party by Plaintiff Charles Waldschmidt. (Thompson, Nicholas) |
| Filing 16 NOTICE of Entry of Appearance by Adam William Hansen on behalf of Charles WaldschmidtAttorney Adam William Hansen added to party Charles Waldschmidt(pty:pla) (Hansen, Adam) |
| Filing 15 NOTICE of Entry of Appearance Amended Notice of Appearance by Robert Lee Ortbals, Jr on behalf of Union Pacific Railroad Co. (Ortbals, Robert) |
| Filing 14 NOTICE of Entry of Appearance by Darrick L. McDuffie, Sr on behalf of Union Pacific Railroad Co.Attorney Darrick L. McDuffie, Sr added to party Union Pacific Railroad Co.(pty:dft) (McDuffie, Darrick) |
| Filing 13 NOTICE of Entry of Appearance by Virginia LeeAnn Woodfork on behalf of Union Pacific Railroad Co.Attorney Virginia LeeAnn Woodfork added to party Union Pacific Railroad Co.(pty:dft) (Woodfork, Virginia) |
| Filing 12 NOTICE of Entry of Appearance by Robert Lee Ortbals, Jr on behalf of Union Pacific Railroad Co.Attorney Robert Lee Ortbals, Jr added to party Union Pacific Railroad Co.(pty:dft) (Ortbals, Robert) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT. (Rhoten, Katherine) |
| Filing 10 Defendant's ANSWER to #1 Complaint and Affirmative Defenses Attorney Scott Parrish Moore added to party Union Pacific Railroad Co.(pty:dft) by Union Pacific Railroad Co..(Moore, Scott) |
| Filing 9 Partial MOTION to Dismiss for Failure to State a Claim Defendant's Motion to Partially Dismiss Plaintiff's Class Action Complaint by Defendant Union Pacific Railroad Co.. (Attachments: #1 Exhibit Brief in Support, #2 Exhibit A - EEOC Charge, #3 Exhibit B - EEOC Dismissal and Notice of Rights, #4 Exhibit C - Harris Complaint, #5 Exhibit D - Harris First Amended Complaint)(Rhoten, Katherine) |
| Filing 8 SUMMONS Returned Executed by Charles Waldschmidt. Charles Waldschmidt served on 12/30/2020, answer due 1/20/2021. (Thompson, Nicholas) |
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Filing 7
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING TELEPHONIC SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 4 January 2021. Consent Form due by 2/25/2021. Proposed Scheduling Order due 3/4/2021. Scheduling Conference set for 3/11/2021 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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| Filing 6 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (rvill, ) |
| Filing 5 MEMORANDUM RETURNING CASE by Judge Lewis T. Babcock. Case randomly reassigned to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 20-cv-03808-STV. (rvill, ) |
| Filing 4 SUMMONS REQUEST as to Union Pacific Railroad re #1 Complaint by Plaintiff Charles Waldschmidt. (Thompson, Nicholas) |
| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS ISSUED. (alave, ) |
| Filing 2 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (alave, ) |
| Filing 1 COMPLAINT against Union Pacific Railroad Company (Filing fee $ 402,Receipt Number 1082-7648393)Attorney Nicholas D. Thompson added to party Charles Waldschmidt(pty:pla), filed by Charles Waldschmidt.(Thompson, Nicholas) |
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