Simmons v. Amsted Rail Company
Plaintiff: Frederick L. Simmons
Defendant: Amsted Rail Company, Inc.
Case Number: 2:2019cv02233
Filed: May 14, 2019
Court: US District Court for the District of Kansas
Presiding Judge: James P O'Hara
Referring Judge: Julie A Robinson
Nature of Suit: Civil Rights: Jobs
Cause of Action: 29 U.S.C. § 621
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 1, 2019 Opinion or Order Filing 49 SCHEDULING ORDER: Discovery deadline 12/13/2019. Proposed Pretrial Order due by 12/16/2019. Final Pretrial Conference set for 12/23/2019 at 09:00 AM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. Dispositive motion deadline 2/3/2020. Jury Trial set for 10/6/2020 at 09:00 AM in KC Courtroom 427 (JAR) before Chief District Judge Julie A. Robinson. Signed by Magistrate Judge James P. O'Hara on 7/1/19. (ss)
July 1, 2019 Filing 48 MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: SCHEDULING CONFERENCE held on 7/1/2019.(AT&T Conference Line.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
June 3, 2019 Filing 47 CERTIFICATE OF SERVICE of Answers to Third Interrogatories, Second Request for Production by Amsted Rail Company, Inc.. (Jarrold, Richard)
May 31, 2019 Filing 46 CERTIFICATE OF SERVICE of Plaintiff's Responses to Defendant's Second Interrogatories and Second Request for Production of Documents by Frederick L. Simmons. (Schumaker, Larry)
May 22, 2019 Opinion or Order Filing 45 ORDER: The parties are to jointly e-mail a status report and proposed agenda to chambers by June 24. Signed by Magistrate Judge James P. O'Hara on 5/22/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ss)
May 22, 2019 Filing 44 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Status Conference set for 7/1/2019 at 10:00 AM by Telephone before Magistrate Judge James P. O'Hara. All counsel participating in this phone conference are directed to dial the conference center line 888-363-4749, using access code 8914911 to join the conference.(ss)
May 14, 2019 Filing 43 CASE TRANSFERRED IN from District of Missouri Western; Case Number 4:18-cv-00786. Electronic file certified copy of transfer order and docket sheet received. (hw)
April 30, 2019 Filing 42 CLERK'S JUDGMENT (Diefenbach, Tracy) [Transferred from Missouri Western on 5/14/2019.]
April 30, 2019 Opinion or Order Filing 41 ORDERED that Defendant Amsted Rail Company Inc.'s Renewed Motion to Dismiss for Lack of Personal Jurisdiction (Doc. #31) is granted in part and denied in part. Insofar as Defendant asks the Court to find that it lacks personal jurisdiction over Defendant, the motion is granted. Insofar as Defendant asks the Court to dismiss Plaintiff's action with prejudice, the motion is denied. IT IS FURTHER ORDERED that Plaintiff's action is transferred to the United States District Court for the District of Kansas pursuant to 28 U.S.C. 1631. The Clerk of the Court is directed to transfer this action to the United States District Court for the District of Kansas. Signed on 4/30/19 by District Judge Stephen R. Bough. (Diefenbach, Tracy) [Transferred from Missouri Western on 5/14/2019.]
April 9, 2019 Filing 40 REPLY SUGGESTIONS to motion re #31 MOTION to dismiss for lack of jurisdiction (Renewed Motion to Dismiss for Lack of Personal Jurisdiction) filed by Richard Evan Jarrold on behalf of Defendant Amsted Rail Company, Inc.. (Related document(s) #31 ) (Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]
April 2, 2019 Filing 39 CERTIFICATE OF SERVICE by Amsted Rail Company, Inc. filed by Richard Evan Jarrold on behalf of Defendant Amsted Rail Company, Inc..(Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]
April 1, 2019 Filing 38 CERTIFICATE OF SERVICE by Frederick L. Simmons (forwarding plaintiff's third set of interrogatories and second request for production of documents to defendant) filed by Larry M. Schumaker on behalf of Plaintiff Frederick L. Simmons.(Schumaker, Larry) [Transferred from Missouri Western on 5/14/2019.]
March 26, 2019 Filing 37 SUGGESTIONS in opposition re #31 MOTION to dismiss for lack of jurisdiction (Renewed Motion to Dismiss for Lack of Personal Jurisdiction) (PLAINTIFF'S SUGGESTIONS IN OPPOSITION TO DEFENDANT'S RENEWED MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION) filed by Larry M. Schumaker on behalf of Plaintiff Frederick L. Simmons. Reply suggestions due by 4/9/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit Att. 1 - Fredrick Simmons Declaration, #2 Exhibit Att. 2 - Plf's Responses to Dft's Interrogatories, #3 Exhibit Att. 3 - Dft's Answers to Plf's First Interrogatories, #4 Exhibit Att. 4 - Syndeo Web Page, #5 Exhibit Att. 5 - Dft's Answer in Felicia Jefferson Case, #6 Exhibit Att. 6 - Dft's Answers to Plf's Second Interrogatories, #7 Exhibit Att. 7 - Fitzpatrick Documents, #8 Exhibit Att. 8 - Schumaker Declaration regarding Dft's Renewed Motion, #9 Exhibit Att. 9 - Global Presence, #10 Exhibit Att. 10 - Amsted Global Presence Map, #11 Exhibit Att. 11 - Amsted United States Map, #12 Exhibit Att. 12 - PACER Documents, #13 Exhibit Att. 13 - Hannibal, MO to Benton County, AR - Google Maps, #14 Exhibit Att. 14 - Moberly, MO to Benton County, AR - Google Maps, #15 Exhibit Att. 15 - Green County, MO to McCook, NE - Google Maps)(Related document(s) #31 ) (Schumaker, Larry) [Transferred from Missouri Western on 5/14/2019.]
March 13, 2019 Opinion or Order Filing 36 ORDER: Before the Court is Plaintiff's Unopposed Motion for an Additional Extension of Time to Respond to Defendant's Renewed Motion to Dismiss. (Doc. #35). For good cause stated the motion is granted. Defendant's response is due on or before March 26, 2019. Signed on 3/13/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Ellis, Lindsey) [Transferred from Missouri Western on 5/14/2019.]
March 13, 2019 Filing 35 MOTION for extension of time to file response/reply (PLAINTIFF'S UNOPPOSED MOTION FOR AN ADDITIONAL EXTENSION OF TIME TO RESPOND TO DEFENDANT'S RENEWED MOTION TO DISMISS) filed by Larry M. Schumaker on behalf of Frederick L. Simmons. Suggestions in opposition/response due by 3/27/2019 unless otherwise directed by the court. (Schumaker, Larry) [Transferred from Missouri Western on 5/14/2019.]
March 4, 2019 Filing 34 Before this Court is Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Renewed Motion to Dismiss. (Doc. #33). For good cause stated the Motion is granted. Plaintiff is granted an extension of time until and including March 18, 2019, to respond to Defendant's Renewed Motion to Dismiss. Signed on 3/4/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) [Transferred from Missouri Western on 5/14/2019.]
March 1, 2019 Filing 33 MOTION for extension of time to file response/reply to defendant's renewed motion to dismiss filed by Larry M. Schumaker on behalf of Frederick L. Simmons. Suggestions in opposition/response due by 3/15/2019 unless otherwise directed by the court. (Schumaker, Larry) [Transferred from Missouri Western on 5/14/2019.]
February 19, 2019 Filing 32 SUGGESTIONS in support re #31 MOTION to dismiss for lack of jurisdiction (Renewed Motion to Dismiss for Lack of Personal Jurisdiction) filed by Richard Evan Jarrold on behalf of Defendant Amsted Rail Company, Inc.. (Attachments: #1 Exhibit A Declaration)(Related document(s) #31 ) (Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]
February 19, 2019 Filing 31 MOTION to dismiss for lack of jurisdiction (Renewed Motion to Dismiss for Lack of Personal Jurisdiction) filed by Richard Evan Jarrold on behalf of Amsted Rail Company, Inc.. Suggestions in opposition/response due by 3/5/2019 unless otherwise directed by the court. (Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]
February 4, 2019 Filing 30 CERTIFICATE OF SERVICE by Frederick L. Simmons (forwarding Plaintiffs Answers to Defendants First Interrogatories to Plaintiff, Plaintiffs Responses to Defendants First Request for Production of Documents to Plaintiff, and Plaintiffs Responses to Defendants First Requests for Admissions) filed by Larry M. Schumaker on behalf of Plaintiff Frederick L. Simmons.(Schumaker, Larry) [Transferred from Missouri Western on 5/14/2019.]
January 25, 2019 Filing 29 CERTIFICATE OF SERVICE by Amsted Rail Company, Inc. filed by Richard Evan Jarrold on behalf of Defendant Amsted Rail Company, Inc..(Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]
January 7, 2019 Filing 28 CERTIFICATE OF SERVICE by Amsted Rail Company, Inc. filed by Richard Evan Jarrold on behalf of Defendant Amsted Rail Company, Inc..(Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]
December 21, 2018 Filing 27 ANSWER to Complaint on behalf of Amsted Rail Company, Inc..(Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]
December 20, 2018 Filing 26 CERTIFICATE OF SERVICE by Frederick L. Simmons (forwarding Plaintiff's Second Set of Interrogatories) in connection with the issue of personal jurisdiction) filed by Larry M. Schumaker on behalf of Plaintiff Frederick L. Simmons.(Schumaker, Larry) [Transferred from Missouri Western on 5/14/2019.]
December 18, 2018 Opinion or Order Filing 25 SCHEDULING ORDER: Discovery due by 6/21/2019. Dispositive Motions due by 7/31/2019. Pretrial Conference set for 11/8/2019 10:00 AM Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Jury Trial set for 12/9/2019 09:00 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Signed on 12/18/18 by District Judge Stephen R. Bough. (Diefenbach, Tracy) [Transferred from Missouri Western on 5/14/2019.]
December 18, 2018 Filing 24 RULES OF TRIAL Signed on 12/18/18 by District Judge Stephen R. Bough. (Diefenbach, Tracy) [Transferred from Missouri Western on 5/14/2019.]
December 18, 2018 Filing 23 Minute Entry. Proceedings held before District Judge Stephen R. Bough: SCHEDULING CONFERENCE held on 12/18/2018. Scheduling Order to be entered. Counsel appearing for Plaintiff(s): Larry Schumaker. Counsel appearing for Defendant(s): Evan Jarrold. Time in court: 2:05 pm to 2:20 pm. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) [Transferred from Missouri Western on 5/14/2019.]
December 17, 2018 Opinion or Order Filing 22 PROTECTIVE ORDER Signed on 12/17/18 by District Judge Stephen R. Bough. (Diefenbach, Tracy) [Transferred from Missouri Western on 5/14/2019.]
December 14, 2018 Filing 21 Joint MOTION for protective order filed by Richard Evan Jarrold on behalf of Amsted Rail Company, Inc.. Suggestions in opposition/response due by 12/28/2018 unless otherwise directed by the court. (Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]
December 14, 2018 Filing 20 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Richard Evan Jarrold on behalf of Defendant Amsted Rail Company, Inc..(Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]
December 14, 2018 Filing 19 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Larry M. Schumaker on behalf of Plaintiff Frederick L. Simmons.(Schumaker, Larry) [Transferred from Missouri Western on 5/14/2019.]
December 13, 2018 Filing 18 CERTIFICATE OF SERVICE by Frederick L. Simmons (forwarding Plaintiff's First Set of Interrogatories in Connection with Defendant's Motion to Dismiss for Lack of Personal Jurisdiction and Plaintiff's First Request for Production of Documents in Connection with Defendant's Motion to Dismiss for Lack of Personal Jurisdiction) filed by Larry M. Schumaker on behalf of Plaintiff Frederick L. Simmons.(Schumaker, Larry) [Transferred from Missouri Western on 5/14/2019.]
December 12, 2018 NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP) [Transferred from Missouri Western on 5/14/2019.]
December 7, 2018 Filing 17 DESIGNATION OF MEDIATOR naming Joseph Eischens(Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]
December 7, 2018 Filing 16 DISCLOSURE OF CORPORATE INTERESTS filed by Richard Evan Jarrold on behalf of Defendant Amsted Rail Company, Inc..(Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]
December 7, 2018 Opinion or Order Filing 15 ORDERED that 1) Plaintiffs Motion for Leave to Conduct Discovery Regarding Defendants Motion to Dismiss for Lack of Personal Jurisdiction(Doc. #9) is GRANTED and 2) Defendant Amsted Rail Company, Inc.s Motion to Dismiss for Lack of Personal Jurisdiction (Doc. #2) is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the parties shall engage in an expedited sixty-dayjurisdictional discovery period, which shall close on February 5, 2019, after which time Defendant Amsted shall have fourteen days to refile its motion to dismiss. Signed on 12/7/18 by District Judge Stephen R. Bough. (Diefenbach, Tracy) [Transferred from Missouri Western on 5/14/2019.]
December 7, 2018 Filing 14 Joint PROPOSED SCHEDULING ORDER by Frederick L. Simmons. (Schumaker, Larry) [Transferred from Missouri Western on 5/14/2019.]
November 30, 2018 Filing 13 CERTIFICATE OF SERVICE by Frederick L. Simmons forwarding Plaintiff's First Set of Interrogatories to Defendant and Plaintiff's First Request for Production of Documents filed by Larry M. Schumaker on behalf of Plaintiff Frederick L. Simmons.(Schumaker, Larry) [Transferred from Missouri Western on 5/14/2019.]
November 29, 2018 Filing 12 REPLY SUGGESTIONS to motion re #9 MOTION for discovery (PLAINTIFF'S MOTION FOR LEAVE TO CONDUCT DISCOVERY REGARDING DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION) filed by Larry M. Schumaker on behalf of Plaintiff Frederick L. Simmons. (Attachments: #1 Exhibit Map--Hannibal, MO to Bento Co, AR, #2 Exhibit Map--Moberly, MO to Benton Co, AR, #3 Exhibit Map--Green Co, MO to McCook, NE, #4 Exhibit Map--KCMO to KCK)(Related document(s) #9 ) (Schumaker, Larry) [Transferred from Missouri Western on 5/14/2019.]
November 15, 2018 Filing 11 SUGGESTIONS in opposition re #9 MOTION for discovery (PLAINTIFF'S MOTION FOR LEAVE TO CONDUCT DISCOVERY REGARDING DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION) filed by Richard Evan Jarrold on behalf of Defendant Amsted Rail Company, Inc.. Reply suggestions due by 11/29/2018 unless otherwise directed by the court. (Related document(s) #9 ) (Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]
November 15, 2018 Filing 10 REPLY SUGGESTIONS to motion re #2 MOTION to dismiss for lack of jurisdiction filed by Richard Evan Jarrold on behalf of Defendant Amsted Rail Company, Inc.. (Related document(s) #2 ) (Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]
November 1, 2018 Filing 9 MOTION for discovery (PLAINTIFF'S MOTION FOR LEAVE TO CONDUCT DISCOVERY REGARDING DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION) filed by Larry M. Schumaker on behalf of Frederick L. Simmons. Suggestions in opposition/response due by 11/15/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit Proposed Interrogatories to Defendant, #2 Exhibit Proposed RFPD to Defendant)(Schumaker, Larry) [Transferred from Missouri Western on 5/14/2019.]
November 1, 2018 Filing 8 SUGGESTIONS in opposition re #2 MOTION to dismiss for lack of jurisdiction filed by Larry M. Schumaker on behalf of Plaintiff Frederick L. Simmons. Reply suggestions due by 11/15/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit Simmons Declaration, #2 Exhibit ESOP Statement, #3 Exhibit COBRA Letter, #4 Exhibit Schumaker Declaration, #5 Exhibit Global Presence, #6 Exhibit Global Presence, #7 Exhibit Map, #8 Exhibit Job Listing)(Related document(s) #2 ) (Schumaker, Larry) [Transferred from Missouri Western on 5/14/2019.]
October 24, 2018 NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) [Transferred from Missouri Western on 5/14/2019.]
October 23, 2018 Opinion or Order Filing 7 RULE 16 NOTICE. Proposed scheduling order due by 12/7/2018. Scheduling Conference set for 12/18/2018 02:00 PM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Signed on 10/23/18 by District Judge Stephen R. Bough. (Diefenbach, Tracy) [Transferred from Missouri Western on 5/14/2019.]
October 16, 2018 Opinion or Order Filing 6 ORDER: Before this Court is Plaintiff's Unopposed Motion for Extension of Time. (Doc. #5). For good cause stated, the Motion is granted. Plaintiff is granted an extension until and including November 1, 2018, to respond to Defendant's Motion to Dismiss. Signed on 10/16/18 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Ellis, Lindsey) [Transferred from Missouri Western on 5/14/2019.]
October 16, 2018 Filing 5 MOTION for extension of time (Unopposed) to Respond to Defendant's Motion to Dismiss filed by Larry M. Schumaker on behalf of Frederick L. Simmons. Suggestions in opposition/response due by 10/30/2018 unless otherwise directed by the court. (Schumaker, Larry) [Transferred from Missouri Western on 5/14/2019.]
October 5, 2018 Filing 4 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) [Transferred from Missouri Western on 5/14/2019.]
October 4, 2018 Filing 3 SUGGESTIONS in support re #2 MOTION to dismiss for lack of jurisdiction filed by Richard Evan Jarrold on behalf of Defendant Amsted Rail Company. (Attachments: #1 Exhibit A Declaration of Gina McCullough)(Related document(s) #2 ) (Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]
October 4, 2018 Filing 2 MOTION to dismiss for lack of jurisdiction filed by Richard Evan Jarrold on behalf of Amsted Rail Company. Suggestions in opposition/response due by 10/18/2018 unless otherwise directed by the court. (Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]
October 4, 2018 Filing 1 NOTICE OF REMOVAL from Circuit Court of Johnson County, MO County, case number 18JO-CC00220, filed by Richard Evan Jarrold on behalf of Amsted Rail Company. Filing fee $ 400, receipt number AMOWDC-5971024. (Attachments: #1 Exhibit A Declaration of Gina McCullough, #2 Exhibit B Secretary of State Communication, #3 Exhibit C State Court Pleadings, #4 Civil Cover Sheet)(Jarrold, Richard) [Transferred from Missouri Western on 5/14/2019.]

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Plaintiff: Frederick L. Simmons
Represented By: Larry M. Schumaker
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Defendant: Amsted Rail Company, Inc.
Represented By: Richard Evan Jarrold
Represented By: Nicole Hininger Howell
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