Thomas v. BNSF Railway Company
| Andrea Thomas and Andrea N. Thomas |
| BNSF Railway Company and Burlington Northern and Santa Fe Railway Company |
| 1:2022cv01902 |
| August 1, 2022 |
| US District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Nina Y Wang |
| Labor: Railway Labor Act |
| 45 U.S.C. ยง 51 Railways: Fed. Employer's Liability Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 23, 2022. A more recent docket listing may be available from PACER.
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Filing 14
MINUTE ORDER: In light of Plaintiff's filing of the Amended Complaint #13 , Defendant BNSF's 12(b)(6) Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim #7 , which is directed at the original Complaint #1 , is DENIED as moot. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) ("[I]t is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect."); Gotfredson v. Larsen LP, 432 F. Supp. 2d 1163, 1172 (D. Colo. 2006) (noting that defendants' dispositive motions are "technically moot because they are directed at a pleading that is no longer operative"). By Judge Nina Y. Wang on 9/23/2022. Text Only Entry (nywlc3, )
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| Filing 13 AMENDED COMPLAINT against BNSF Railway Company, filed by Andrea Thomas.(Sassaman, Shawn) |
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Filing 12
MINUTE ORDER: In light of the #11 Notice of Filing an Amended Complaint, Plaintiff shall file a clean copy of her Amended Complaint, on or before September 26, 2022. By Magistrate Judge Maritza Dominguez Braswell on 09/22/22. Text Only Entry (mdblc2)
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| Filing 11 NOTICE of Filing Amended Pleading re #7 First MOTION to Dismiss for Failure to State a Claim by Plaintiff Andrea Thomas (Attachments: #1 Exhibit proposed Amended Complaint)(Sassaman, Shawn) |
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Filing 10
MINUTE ORDER: The #9 Amended Complaint is STRICKEN for failure to comply with D.C.COLO.LCivR 15.1. By Magistrate Judge Maritza Dominguez Braswell on 09/16/22. Text Only Entry (mdblc2)
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| Filing 9 STRICKEN AMENDED COMPLAINT against BNSF Railway Company, filed by Andrea Thomas.(Sassaman, Shawn) Modified on 9/16/2022 pursuant to Minute Order 10 (alave, ). |
| Filing 8 BRIEF in Support of #7 First MOTION to Dismiss for Failure to State a Claim filed by Defendant BNSF Railway Company. (Knight, Chad) |
| Filing 7 First MOTION to Dismiss for Failure to State a Claim by Defendant BNSF Railway Company. (Knight, Chad) |
| Filing 6 SUMMONS Returned Executed by Andrea Thomas. BNSF Railway Company served on 8/23/2022, answer due 9/13/2022. (Sassaman, Shawn) |
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Filing 5
ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 10/19/2022. So ORDERED by Magistrate Judge Maritza Dominguez Braswell on 8/19/2022. (evaug)
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Filing 4
ORDER REFERRING CASE: This case is referred to Magistrate Judge Maritza Dominguez Braswell for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 8/19/2022. Text Only Entry (nywlc3, ) (Entered: 08/19/2022)
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (norlin, ) |
| Filing 2 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (norlin, ) |
| Filing 1 COMPLAINT against BNSF Railway Company (Filing fee $ 402,Receipt Number ACODC-8581394)Attorney Shawn M. Sassaman added to party Andrea Thomas(pty:pla), filed by Andrea Thomas. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Sassaman, Shawn) |
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