Pflughoeft v. Kansas & Oklahoma Railroad, L.L.C.
| Brian Pflughoeft |
| Kansas & Oklahoma Railroad, LLC and Kansas & Oklahoma Railroad, L.L.C. |
| 6:2022cv01177 |
| August 10, 2022 |
| US District Court for the District of Kansas |
| Toby Crouse |
| Rachel E Schwartz |
| Federal Employer's Liability |
| 45 U.S.C. § 51 Railways: Fed. Employer's Liability Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.
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Filing 20
REPLY TO RESPONSE TO MOTION by Defendant Kansas & Oklahoma Railroad, L.L.C. re: #7 Motion to Dismiss for Failure to State a Claim (Leff, Craig)
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Filing 19
ORDER denying without prejudice #17 Defendant's Motion for a Qualified Protective Order. As noted in this District's form scheduling order--which the parties have utilized in formulating their proposed scheduling order submitted to the Magistrate Judge on October 3, 2022--after fully exhausting their meet-and-confer efforts, any party wishing to file a disputed discovery-related motion must first request a discovery conference with the Magistrate Judge. Accordingly, the Court denies Defendant's motion without prejudice to refiling after fully exhausting its meet-and-confer obligations and requesting a discovery conference with the assigned Magistrate Judge, using the procedures outlined in the parties' proposed scheduling order. Additionally, the Court directs the parties to review Rodriguez v. Safeco Ins. Co. of Am., No. 21-1086-DDC-ADM, 2021 WL 2290808 (D. Kan. June 4, 2021), which addresses the proper scope of orders authorizing the release of medical records and ex parte interviews with healthcare providers. Among other things, the judge in Rodriguez noted that "these types of orders must be narrowly tailored to target relevant information" and "[r]arely would a recycled form order fit the bill." Id. at *3. Signed by Magistrate Judge Rachel E. Schwartz on 10/5/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh)
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Filing 18
ORDER RESETTING SCHEDULING CONFERENCE: As communicated to the parties in further detail via an email dated October 5, 2022, the parties' proposed scheduling order requires significant revisions. Consistent with the October 5th email, the Court orders the parties to meet and confer again, with the first meet-and-confer conference to occur either in person or via video conference. The parties are directed to email a revised draft of the scheduling order to the Magistrate Judge's chambers on or before October 24, 2022, along with a redline version reflecting any changes from the District's form scheduling order. The scheduling conference is reset for November 8, 2022, at 1:30 p.m., by phone (conference line 1-888-363-4749; access code 5705809). If the parties are unable to resolve most of the disagreements in the proposed scheduling order, the Court is likely to reset the scheduling conference for an in-person hearing in Topeka Courtroom 404. Signed by Magistrate Judge Rachel E. Schwartz on 10/5/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(bh)
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Filing 17
MOTION for Order re HIPAA-authorized disclosures and Ex Parte Communications by Defendant Kansas & Oklahoma Railroad, L.L.C. (referred to Magistrate Judge Rachel E. Schwartz) (Leff, Craig)
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Filing 16
CERTIFICATE OF SERVICE of Plaintiff's Initial Disclosures by Brian Pflughoeft (Johnson, John)
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Filing 15
CERTIFICATE OF SERVICE of Defendant's Initial Disclosures by Kansas & Oklahoma Railroad, L.L.C.. (Leff, Craig)
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Filing 14
RESPONSE by Plaintiff Brian Pflughoeft re #7 Motion to Dismiss for Failure to State a Claim. (Note: This is a duplicate filing of DE #13 ; document originally filed using the incorrect ECF event.)(heo)
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Filing 13
***DISREGARD THIS ENTRY - incorrect ECF event selected; see #14 for correct filing*** MOTION for More Definite Statement and Memorandum of Law in Opposition to Defendant's Motion to Dismiss by Plaintiff Brian Pflughoeft (referred to Magistrate Judge Rachel E. Schwartz) (Johnson, John) Modified on 9/23/2022 (heo).
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Filing 12
NOTICE OF SERVICE by Brian Pflughoeft of Discovery Requests (Johnson, John)
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Filing 11
CERTIFICATE OF SERVICE of Discovery Requests to Plaintiff by Kansas & Oklahoma Railroad, L.L.C. (Leff, Craig)
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Filing 10
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for October 13, 2022, 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: 9/22/2022. Rule 26 Initial Disclosures Deadline: 10/3/2022. Proposed Scheduling Order Deadline: 10/3/2022. Signed by Magistrate Judge Rachel E. Schwartz on 09/09/2022. (drk)
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Filing 9
CORPORATE DISCLOSURE STATEMENT by Kansas & Oklahoma Railroad, L.L.C. identifying Watco Companies, L.L.C. as corporate parent . (Leff, Craig)
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Filing 8
MEMORANDUM IN SUPPORT of #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kansas & Oklahoma Railroad, L.L.C.(Leff, Craig)
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Filing 7
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kansas & Oklahoma Railroad, L.L.C. (Leff, Craig)
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Filing 6
SUMMONS RETURNED EXECUTED -- Personal Service by Brian Pflughoeft upon Kansas & Oklahoma Railroad, L.L.C. served on 8/18/2022, answer due 9/8/2022 (Johnson, John)
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Filing 5
ORDER granting #4 Motion to Appear Pro Hac Vice of Paul Banker for Brian Pflughoeft pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Entered by Magistrate Judge Rachel E. Schwartz on 8/11/22. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (msb)
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Filing 4
MOTION for attorney Paul Banker to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5842767.) by Plaintiff Brian Pflughoeft. (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: #1 Affidavit in Support of Motion Pro Hac Vice, #2 ECF Registration Form)(Johnson, John)
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SUMMONS ISSUED as to Kansas & Oklahoma Railroad, LLC (issued to Attorney for service). (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk)
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Filing 3
DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Brian Pflughoeft - trial to be held in Wichita. (Johnson, John)
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Filing 2
CIVIL COVER SHEET by Plaintiff Brian Pflughoeft. (Johnson, John)
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Filing 1
COMPLAINT with trial location of Wichita (Filing fee $402, Internet Payment Receipt Number AKSDC-5842279.), filed by Brian Pflughoeft.(Johnson, John)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Toby Crouse and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
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