Aviles v. Union Pacific Railroad Company
Plaintiff: John Aviles, Jr.
Defendant: Union Pacific Railroad Company
Case Number: 2:2023cv02262
Filed: June 8, 2023
Court: US District Court for the District of Kansas
Presiding Judge: Daniel D Crabtree
Referring Judge: Rachel E Schwartz
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1391 Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 1, 2023 Filing 10 AMENDED CORPORATE DISCLOSURE STATEMENT by Union Pacific Railroad Company identifying Union Pacific Corporation as corporate parent (Church, Trent) Modified on 8/2/2023 to update docket text (kas).
July 25, 2023 Opinion or Order Filing 9 INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for August 23, 2023, at 10:00 a.m. by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Rule 26 Planning Conference Deadline 8/2/2023. Rule 26 Initial Disclosures Deadline set for 8/11/2023. Proposed Scheduling Order Deadline 8/11/2023. Signed by Magistrate Judge Rachel E. Schwartz on 07/25/2023. (drk)
July 21, 2023 Opinion or Order Filing 8 ORDER Regarding #7 Defendant Union Pacific Railroad Company's Rule 7.1 Disclosure Statement. The Court previously notified the parties that Fed. R. Civ. P. 7.1(a)(2) now requires that "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party or intervenor must, unless the court orders otherwise, file a disclosure statement" that identifies the citizenship of "every individual or entity whose citizenship is attributed to that party or intervenor." ECF No. 4. The Court directed Defendant to file a 7.1 disclosure statement within seven calendar days of the entry of its appearance. Defendant has now done so, but the statement is deficient in that it does not identify its citizenship. Accordingly, the Court directs Defendant to file an amended Rule 7.1 disclosure statement on or before July 28, 2023, that fully complies with the rule. Signed by Magistrate Judge Rachel E. Schwartz on 7/21/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(bh)
July 21, 2023 Filing 7 CORPORATE DISCLOSURE STATEMENT by Union Pacific Railroad Company identifying Union Pacific Corporation as corporate parent . (Church, Trent)
July 21, 2023 Filing 6 ANSWER to Complaint by Union Pacific Railroad Company.(Church, Trent) Modified title on 7/24/2023 (kmc).
June 28, 2023 SUMMONS ISSUED as to Union Pacific Railroad Company. (issued to Attorney for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (nao)
June 20, 2023 Filing 5 STATEMENT Plaintiff's Rule 7.1 Disclolsure by Plaintiff John Aviles, Jr. (Green, Blake)
June 16, 2023 Opinion or Order Filing 4 ORDER Requiring the Parties to File Fed. R. Civ. P. 7.1 Disclosures. Fed. R. Civ. P. 7.1(a)(2) now requires that "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party or intervenor must, unless the court orders otherwise, file a disclosure statement" that identifies the citizenship of "every individual or entity whose citizenship is attributed to that party or intervenor." Although the rule requires the statement to be filed when the action is filed, to date, Plaintiff has not filed a 7.1 disclosure statement. Accordingly, the Court directs Plaintiff to file a Rule 7.1 disclosure statement on or before June 23, 2023. Defendant shall file a Rule 7.1 disclosure statement within seven calendar days of its appearance in this case. Plaintiff is reminded that his residence is not synonymous with domicile, and an individual's domicile is what establishes his citizenship. To the extent Defendant is a corporation, as Plaintiff's complaint pleads, Defendant's Rule 7.1 disclosure statement must identify the state of incorporation and the state where its principal place of business is located. Signed by Magistrate Judge Rachel E. Schwartz on 6/16/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
June 9, 2023 Filing 3 CIVIL COVER SHEET by Plaintiff John Aviles, Jr. (Green, Blake)
June 9, 2023 Filing 2 COMPLAINT with trial location of Kansas City, filed by John Aviles, Jr. (Green, Blake)
June 9, 2023 NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jsh)
June 8, 2023 FILING FEE PAID in the amount of $402.00, receipt number AKSDC-6080696. (jsh)
June 8, 2023 Filing 1 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff John Aviles, Jr - trial to be held in Kansas City. (Green, Blake)

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Plaintiff: John Aviles, Jr.
Represented By: Blake P. Green
Represented By: Ethan Gerard Scherer
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Defendant: Union Pacific Railroad Company
Represented By: Trent R. Church
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