Lebrun v. Kansas City Southern Railway Co

Plaintiff: Gregory Lebrun
Defendant: Kansas City Southern Railroad Co
Case Number: 5:2019cv01379
Filed: October 23, 2019
Court: US District Court for the Western District of Louisiana
Presiding Judge: Mark L Hornsby
Referring Judge: Donald E Walter
Nature of Suit: Federal Employer's Liability
Cause of Action: 45 U.S.C. § 51
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 2, 2019 Filing 47 MEMORANDUM ORDER: All requirements of Federal Rules of Civil Procedure 26(f) are hereby waived in this case, including the conference of the parties and the report to the Court. The parties are directed to serve their initial disclosures within 15 days and promptly begin any necessary discovery and motion practice. Signed by Judge Donald E Walter on 12/2/2019. (crt,Bray, K)
November 19, 2019 Filing 46 ORDER granting #40 Motion to Appear Pro Hac Vice for appearance of Jonathan Francis Winocour for Gregory Lebrun. Signed by Magistrate Judge Mark L Hornsby on 11/19/2019. (crt,Bunting, M)
November 19, 2019 Filing 45 ORDER granting #41 Motion to Appear Pro Hac Vice for appearance of Mike C Miller for Gregory Lebrun. Signed by Magistrate Judge Mark L Hornsby on 11/19/2019. (crt,Dunford, T)
November 18, 2019 Filing 44 PROPOSED ORDER/JUDGMENT #41 Motion to Appear Pro Hac Vice by Gregory Lebrun. (aty,Politz, Bennett) Modified to add a docket entry relationship on 11/18/2019 (Bunting, M).
November 18, 2019 Filing 43 PROPOSED ORDER/JUDGMENT #40 Motion to Appear Pro Hac Vice by Gregory Lebrun. (aty,Politz, Bennett) Modified to add docket entry relationship on 11/18/2019 (Bunting, M).
November 18, 2019 Filing 42 NOTICE of Deficiency to Bennett L Politz on behalf of Gregory Lebrun regarding #40 MOTION to Appear Pro Hac Vice, #41 First MOTION for Mike Miller to Appear Pro Hac Vice for Plaintiff ( Admission fee: $105, receipt number ALAWDC-4110180). Reason: Either no proposed order accompanied this motion or the proposed order was not on a separate page. Please see LR7.4.1 or LR58.1 for additional information. The motion cannot be referred to chambers until this deficiency is corrected. (crt,Bunting, M)
November 18, 2019 Filing 41 MOTION for Mike Miller to Appear Pro Hac Vice for Plaintiff ( Admission fee: $105, receipt number ALAWDC-4110180) by Gregory Lebrun. Motions referred to Mark L Hornsby. (aty,Politz, Bennett) Modified to reflect deficient status on 11/18/2019 (Bunting, M). Modified to remove deficient status on 11/18/2019 (Bunting, M). See document #44 for proposed order.
November 18, 2019 Filing 40 MOTION for Jonathan Winocour to Appear Pro Hac Vice for Plaintiff ( Admission fee: $105, receipt number ALAWDC-4110123) with consent (amended to include local counsel signature) by Gregory Lebrun. Motions referred to Mark L Hornsby. (aty,Politz, Bennett) Modified event to more accurately describe document and to reflect deficient status on 11/18/2019 (Bunting, M). Modified to remove deficient status on 11/18/2019 (Bunting, M). See document #43 for Proposed Order.
November 18, 2019 Filing 39 DOCUMENT RESUBMITTED IN ITS ENTIRETY - First MOTION for Jonathan Winocour to Appear Pro Hac Vice for Plaintiff ( Admission fee: $105, receipt number ALAWDC-4110123) by Gregory Lebrun. Motions referred to Mark L Hornsby. (Attorney Bennett L Politz added to party Gregory Lebrun(pty:pla))(aty,Politz, Bennett) Modified to reflect resubmitted on 11/18/2019 (Bunting, M). See document #4 .
November 15, 2019 Filing 38 ORDER granting #37 Motion to Appear Pro Hac Vice for appearance of Paul O Wickes for Kansas City Southern Railway Co. Signed by Magistrate Judge Mark L Hornsby on 11/15/2019. (crt,Reeves, T)
November 14, 2019 Filing 37 MOTION for Paul O. Wickes to Appear Pro Hac Vice ( Admission fee: $105, receipt number ALAWDC-4107980) by Kansas City Southern Railroad Co. Motions referred to Mark L Hornsby. (Attachments: #1 Certificate of good standing, #2 Text of proposed order)(aty,Gilliam, Bobby)
November 14, 2019 Filing 36 CORPORATE DISCLOSURE STATEMENT by Kansas City Southern Railroad Co identifying Corporate Parent Kansas City Southern Railway Co for Kansas City Southern Railroad Co. (aty,Gilliam, Bobby)
November 14, 2019 Filing 35 ANSWER to #1 Complaint, by Kansas City Southern Railroad Co.(Attorney Bobby S Gilliam added to party Kansas City Southern Railroad Co(pty:dft))(aty,Gilliam, Bobby)
October 28, 2019 NOTICE of Corrective Action regarding #32 Notice of Motion Setting,. Action taken: Filled in Error. (crt,Thigpen, M)
October 25, 2019 Filing 34 ORDER - IT IS ORDERED that within twenty (20) days any attorney appearing as counsel of record in this action who is not presently admitted to practice before the United States District Court for the Western District of Louisiana exercise one of the following options: (1) File an Application to Practice in this Court; (2) File a Motion for Admission Pro Hac Vice pursuant to Local Rule 83.2.6; or (3) Secure substitute counsel admitted to practice in this court for the party presently being represented. Signed by Magistrate Judge Mark L Hornsby on 10/25/2019. (crt,Bunting, M)
October 24, 2019 Filing 33 PROPOSED TRANSFER ORDER Referred to Magistrate Judge Mark L Hornsby. (Public entry, but no electronic notice). (crt,Thigpen, M)
October 24, 2019 Filing 32 FILED IN ERROR: NOTICE of Motion Setting without oral argument regarding: #7 MOTION to Dismiss for Lack of Jurisdiction . Motion day set for 12/6/2019 before Judge Donald E Walter. (crt,Thigpen, M) Modified on 10/28/2019 filed in error. (Thigpen, M).
October 23, 2019 CASE Assigned to Judge Donald E Walter and Magistrate Judge Mark L Hornsby. (crt,Thigpen, M)
October 23, 2019 Filing 31 DISTRICT CASE transferred in from District of Texas Eastern; Case Number 2:19-cv-00078. Original file copy of transfer order and docket sheet received
September 25, 2019 Filing 30 ORDER ADOPTING REPORT AND RECOMMENDATIONS for #25 Report and Recommendations. Signed by District Judge Rodney Gilstrap on 9/24/2019. (nkl, ) [Transferred from Texas Eastern on 10/23/2019.]
September 19, 2019 Filing 29 NOTICE of Discovery Disclosure by Kansas City Southern Railway Company (Additional Disclosures) (Wickes, Paul) [Transferred from Texas Eastern on 10/23/2019.]
September 19, 2019 Filing 28 NOTICE by Gregory Lebrun (Winocour, Jonathan) [Transferred from Texas Eastern on 10/23/2019.]
September 4, 2019 Filing 27 NOTICE of Discovery Disclosure by Kansas City Southern Railway Company (Wickes, Paul) [Transferred from Texas Eastern on 10/23/2019.]
September 4, 2019 Filing 26 NOTICE by Gregory Lebrun (Winocour, Jonathan) [Transferred from Texas Eastern on 10/23/2019.]
September 3, 2019 Filing 25 REPORT AND RECOMMENDATIONS re #7 MOTION to Dismiss for Lack of Jurisdiction filed by Kansas City Southern Railway Company.. Signed by Magistrate Judge Roy S. Payne on 9/3/2019. (nkl, ) [Transferred from Texas Eastern on 10/23/2019.]
August 6, 2019 Filing 24 DOCKET CONTROL ORDER: Pretrial Conference set for 2/14/2020 09:00 AM before Magistrate Judge Roy S. Payne. Amended Pleadings due by 12/5/2019. Discovery due by 11/28/2019. Jury Selection set for 3/2/2020 09:00AM before District Judge Rodney Gilstrap. Mediation Completion due by 12/19/2019. Motions in Limine due by 1/30/2020. Proposed Pretrial Order due by 2/6/2020.. Signed by Magistrate Judge Roy S. Payne on 8/6/2019. (nkl, ) [Transferred from Texas Eastern on 10/23/2019.]
August 6, 2019 Filing 23 DISCOVERY ORDER. Signed by Magistrate Judge Roy S. Payne on 8/6/2019. (nkl, ) [Transferred from Texas Eastern on 10/23/2019.]
August 6, 2019 Filing 22 ORDER REFERRING CASE to Mediator. John Mercy is hereby appointed as mediator in the above referenced case. Signed by Magistrate Judge Roy S. Payne on 8/6/2019. (nkl, ) [Transferred from Texas Eastern on 10/23/2019.]
August 5, 2019 Minute Entry for proceedings held before Magistrate Judge Roy S. Payne: Scheduling Conference held on 8/5/2019 in chambers with no recording. Mike Miller present for plaintiff. Paul Wickes present for defendant. (bga, ) [Transferred from Texas Eastern on 10/23/2019.]
July 30, 2019 Filing 21 ORDER granting #20 Motion for Jury Trial. Signed by Magistrate Judge Roy S. Payne on 7/29/2019. (nkl, ) [Transferred from Texas Eastern on 10/23/2019.]
July 29, 2019 Filing 20 Unopposed MOTION Jury Trial by Kansas City Southern Railway Company. (Attachments: #1 Text of Proposed Order)(Wickes, Paul) [Transferred from Texas Eastern on 10/23/2019.]
July 26, 2019 Filing 19 SUR-REPLY to Reply to Response to Motion re #7 MOTION to Dismiss for Lack of Jurisdiction filed by Gregory Lebrun. (Winocour, Jonathan) [Transferred from Texas Eastern on 10/23/2019.]
July 22, 2019 Filing 18 REPLY to Response to Motion re #7 MOTION to Dismiss for Lack of Jurisdiction filed by Kansas City Southern Railway Company. (Wickes, Paul) [Transferred from Texas Eastern on 10/23/2019.]
July 19, 2019 NOTICE of Hearing: Scheduling Conference RESET for 8/5/2019 02:40 PM before Magistrate Judge Roy S. Payne. (bga, ) [Transferred from Texas Eastern on 10/23/2019.]
July 15, 2019 Filing 17 RESPONSE to Motion re #7 MOTION to Dismiss for Lack of Jurisdiction filed by Gregory Lebrun. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Winocour, Jonathan) [Transferred from Texas Eastern on 10/23/2019.]
July 5, 2019 Filing 16 ORDER granting #15 Motion for Extension of Time to File Response/Reply re #7 MOTION to Dismiss for Lack of Jurisdiction Responses due by 7/15/2019. Signed by Magistrate Judge Roy S. Payne on 7/3/2019. (nkl, ) [Transferred from Texas Eastern on 10/23/2019.]
July 1, 2019 Filing 15 Second MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by Gregory Lebrun. (Winocour, Jonathan) (Additional attachment(s) added on 7/2/2019: #1 Text of Proposed Order) (ch, ). [Transferred from Texas Eastern on 10/23/2019.]
June 25, 2019 Filing 14 NOTICE by Kansas City Southern Railway Company re #13 Notice (Other) Objections to Deposition Notice (Wickes, Paul) [Transferred from Texas Eastern on 10/23/2019.]
June 20, 2019 Filing 13 NOTICE by Gregory Lebrun (Winocour, Jonathan) [Transferred from Texas Eastern on 10/23/2019.]
June 17, 2019 Filing 12 NOTICE OF SCHEDULING CONFERENCE, PROPOSED DEADLINES FOR DOCKET CONTROL ORDER AND DISCOVERY ORDER - Scheduling Conference set for 7/19/2019 10:00 AM before Magistrate Judge Roy S. Payne. Signed by Magistrate Judge Roy S. Payne on 6/17/2019. (nkl, ) [Transferred from Texas Eastern on 10/23/2019.]
May 15, 2019 Filing 11 ORDER granting #10 Motion for Limited Discovery. Signed by Magistrate Judge Roy S. Payne on 5/15/2019. (nkl, ) [Transferred from Texas Eastern on 10/23/2019.]
May 10, 2019 Filing 10 Unopposed MOTION for Discovery (Limited) by Gregory Lebrun. (Winocour, Jonathan) (Additional attachment(s) added on 5/15/2019: #1 Text of Proposed Order) (nkl, ). [Transferred from Texas Eastern on 10/23/2019.]
April 29, 2019 Filing 9 ORDER granting #8 Motion for Extension of Time to File Response/Reply re #7 MOTION to Dismiss for Lack of Jurisdiction Responses due by 5/10/2019. Signed by Magistrate Judge Roy S. Payne on 4/28/2019. (nkl, ) [Transferred from Texas Eastern on 10/23/2019.]
April 26, 2019 Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss for Lack of Jurisdiction by Gregory Lebrun. (Attachments: #1 Text of Proposed Order Order Granting Plaintiffs Unopposed Motion to Extend Time to Respond to Defendants Motion to Dismiss)(Winocour, Jonathan) [Transferred from Texas Eastern on 10/23/2019.]
April 12, 2019 Filing 7 MOTION to Dismiss for Lack of Jurisdiction by Kansas City Southern Railway Company. (Attachments: #1 Exhibit Elmore Declaration, #2 Exhibit Wright Declaration, #3 Text of Proposed Order Proposed Order)(Wickes, Paul) [Transferred from Texas Eastern on 10/23/2019.]
March 28, 2019 Filing 6 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Kansas City Southern Railway Company.( Wickes, Paul) [Transferred from Texas Eastern on 10/23/2019.]
March 28, 2019 Filing 5 ***FILED IN ERROR***Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Kansas City Southern Railway Company.( Wickes, Paul) Modified on 3/28/2019 (ch, ). [Transferred from Texas Eastern on 10/23/2019.]
March 28, 2019 ***FILED IN ERROR. PLEASE USE THE APPLICATION FOR EXTENSION Document # 5, Unopposed Application for Extension of Time. PLEASE IGNORE.*** (ch, ) [Transferred from Texas Eastern on 10/23/2019.]
March 28, 2019 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Kansas City Southern Railway Company to 4/12/2019. 14 Days Granted for Deadline Extension.( ch, ) [Transferred from Texas Eastern on 10/23/2019.]
March 26, 2019 Filing 4 SUMMONS Returned Executed by Gregory Lebrun. Kansas City Southern Railway Company served on 3/25/2019, answer due 4/15/2019. (Winocour, Jonathan) [Transferred from Texas Eastern on 10/23/2019.]
March 25, 2019 Filing 3 SUMMONS Issued as to Kansas City Southern Railway Company by and through its registered agent for service of process in Texas: CT Corporation System. (nkl, ) [Transferred from Texas Eastern on 10/23/2019.]
March 20, 2019 ORDER REFERRING CASE to Magistrate Judge Roy S. Payne. Signed by District Judge Rodney Gilstrap on 03/20/2019. (klc, ) [Transferred from Texas Eastern on 10/23/2019.]
March 5, 2019 Filing 2 SUMMONS Issued as to Kansas City Southern Railway Company. (nkl, ) [Transferred from Texas Eastern on 10/23/2019.]
March 5, 2019 Filing 1 COMPLAINT (Plaintiff's Original) against Kansas City Southern Railway Company ( Filing fee $ 400 receipt number 0540-7166303.), filed by Gregory Lebrun. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons(es) Summons in a Civil Action)(Winocour, Jonathan) (Additional attachment(s) added on 3/5/2019: #3 Revised Civil Cover Sheet) (nkl, ). [Transferred from Texas Eastern on 10/23/2019.]
March 5, 2019 Case Assigned to District Judge Rodney Gilstrap. (nkl, ) [Transferred from Texas Eastern on 10/23/2019.]
March 5, 2019 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (nkl, ) [Transferred from Texas Eastern on 10/23/2019.]

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Plaintiff: Gregory Lebrun
Represented By: Jonathan Francis Winocour
Represented By: Mike C Miller
Represented By: Bennett L Politz
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Defendant: Kansas City Southern Railroad Co
Represented By: Paul O Wickes
Represented By: Gemma Zuniga
Represented By: Paul Michael Davis, Jr
Represented By: Bobby S Gilliam
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