Bouck v. Kansas City Southern Railway Co et al
Dennis R Bouck |
Kansas City Southern Railway Co, Electro-Motive Diesel Inc, International Paper Co, Foster Wheeler L L C, Comet Industries Inc, Wabtec Transportation Systems L L C and Progress Rail Locomotive Inc |
5:2020cv01298 |
October 2, 2020 |
U.S. District Court for the Western District of Louisiana |
Elizabeth E Foote |
S Maurice Hicks |
Mark L Hornsby |
P.I. : Asbestos |
45 U.S.C. § 51 Railways: Fed. Employer's Liability Act |
Both |
Docket Report
This docket was last retrieved on March 17, 2022. A more recent docket listing may be available from PACER.
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Filing 87 JUDGMENT granting #86 Joint/Voluntary Motion to Dismiss Kansas City Southern Railway Co. Signed by Judge Elizabeth E Foote on 3/17/2022. (crt,Keifer, K) |
Filing 86 JOINT MOTION to Dismiss by Kansas City Southern Railway Co and Dennis R. Brock Motion Ripe Deadline set for 3/16/2022. (Attachments: #1 Proposed order)(aty,Landry, Robert) Modified to add filer on 3/16/2022 (Whitener, M). |
Filing 85 JUDGMENT granting #84 Joint/Voluntary Motion to Dismiss International Paper Company. Signed by Judge Elizabeth E Foote on 2/9/2022. (crt,Keifer, K) |
Filing 84 JOINT MOTION to Dismiss Claim Against International Paper Company by International Paper Co, Dennis R Bouck. Motion Ripe Deadline set for 2/8/2022. (Attachments: #1 Proposed order Joint Motion of Dismissal)(aty,Smith, Thomas) Modified on 2/8/2022 to add filer (Miletello, A). |
Filing 83 MINUTES for proceedings held before Judge Elizabeth E Foote: Telephone CONFERENCE held on 12/17/2021. The 90-day Order shall remain in place. At the end of the 90-day period, the parties may jointly petition to extend the 90-day period to consummate the settlement, if necessary. (crt,Keifer, K) |
Filing 82 MINUTE ENTRY: District Judge Telephone Status Conference set for 12/17/2021 at 09:00 AM by phone before Judge Elizabeth E Foote. Signed by Judge Elizabeth E Foote on 12/15/2021. (crt,McDonnell, D) |
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Filing 78 JOINT MOTION to Dismiss Foster Wheeler LLC by Foster Wheeler L L C, Dennis R Bouck. Motion Ripe Deadline set for 11/29/2021. (Attachments: #1 Proposed order)(aty,McCoy, Lacey) Modified on 11/29/2021 to add filer and modify docket text (Miletello, A). |
Filing 79 MINUTES for proceedings held before Judge Elizabeth E Foote: PRETRIAL CONFERENCE held on 11/12/2021. The parties informed the Court that they have reached a settlement. A 90 day order shall follow. (crt,Keifer, K) |
Filing 77 MINUTE ENTRY: This matter is set for trial the week of December 13, 2021. At the Zoom pretrial conference, the Court will fully explore all pending evidentiary and legal issues and discuss its trial procedures. Accordingly, the conference may be lengthy. All trial counsel shall participate and should allot sufficient time in their schedules. Signed by Judge Elizabeth E Foote on 11/10/2021. (crt,Keifer, K) |
Filing 76 MEMORANDUM RULING denying #53 MOTION for Partial Summary Judgment filed by Kansas City Southern Railway Co. Signed by Judge Elizabeth E Foote on 11/10/2021. (crt,Keifer, K) |
Filing 75 NOTICE of Settlement between International Paper Company and Plaintiff by International Paper Co (aty,Arthur, Mary) |
Filing 74 MEMORANDUM in Opposition re #66 MOTION in Limine filed by Kansas City Southern Railway Co. (aty,Landry, Robert) |
Filing 73 EXHIBIT LIST (Joint) by Kansas City Southern Railway Co, Dennis R Bouck. (aty,Landry, Robert) Modified on 11/5/2021 to add filer (Miletello, A). |
Filing 72 WITNESS LIST filed (restricted access) (Joint) by Kansas City Southern Railway Co, Dennis R Bouck. (aty,Landry, Robert) Modified on 11/5/2021 to add filer (Miletello, A). |
Filing 71 PROPOSED PRETRIAL ORDER by Kansas City Southern Railway Co, Dennis R. Bouck. (aty,Landry, Robert) Modified on 11/5/2021 to add filer (Miletello, A). |
Filing 70 MEMORANDUM in Opposition re #68 MOTION in Limine filed by Dennis R Bouck. (Attachments: #1 Exhibit 1 - Roggli Depo, #2 Exhibit 2 - Kradin Depo, #3 Exhibit 3 - Ewing Depo, #4 Exhibit 4 - Bouck Depo, #5 Exhibit 5 - KCSR RFA Responses, #6 Exhibit 6 - KCSR Asb Report, #7 Exhibit 7 - KCSR Master List)(aty,Clark, Matthew) Modified docket text on 11/5/2021 (Miletello, A). |
Filing 69 NOTICE of Motion Setting regarding: #68 MOTION in Limine. Motions referred to Judge Elizabeth E Foote. (crt,Miletello, A) |
Filing 68 MOTION in Limine by Kansas City Southern Railway Co. Motion Ripe Deadline set for 10/29/2021. (Attachments: #1 Memorandum / Brief, #2 Exhibit A, #3 Exhibit B, #4 Proposed order)(aty,Landry, Robert) |
Filing 67 NOTICE of Motion Setting regarding: #66 MOTION in Limine . Motions referred to Judge Elizabeth E Foote. (crt,Crick, S) |
Filing 66 MOTION in Limine by Dennis R Bouck. Motion Ripe Deadline set for 10/29/2021. (Attachments: #1 Memorandum / Brief)(aty,Clark, Matthew) |
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Filing 63 MOTION to Compel Kansas City Southern Railway Co by Dennis R Bouck. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 9/22/2021. (Attachments: #1 Memorandum / Brief, #2 Exhibit A - P's discovery requests to KCSR, #3 Exhibit B - P's 2nd discovery requests to KCSR, #4 Exhibit C - P's 3rd discovery requests to KCSR, #5 Exhibit D - P's 5th discovery requests to KCSR, #6 Exhibit E - 30b6 request and draft NOD, #7 Certificate re efforts to resolve-LR 37.1, #8 Proposed order)(aty,Clark, Matthew) Modified docket text on 9/22/2021 (Miletello, A). |
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Motions Transferred regarding #61 MOTION to Withdraw #54 MOTION for Summary Judgment . Motions referred to Judge Elizabeth E Foote. (crt,Miletello, A) |
Filing 61 MOTION to Withdraw #54 MOTION for Summary Judgment by International Paper Co. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 9/17/2021. (Attachments: #1 Proposed order)(aty,Arthur, Mary) Modified docket text on 9/20/2021 (Miletello, A). |
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Filing 59 Ex Parte MOTION to Withdraw Amber L. Stewart as Attorney by International Paper Co. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 9/9/2021. (Attachments: #1 Proposed order)(aty,Arthur, Mary) Modified docket text on 9/9/2021 (Miletello, A). |
Filing 58 REPLY to Response to Motion re #53 MOTION for Partial Summary Judgment filed by Kansas City Southern Railway Co. (aty,Landry, Robert) |
Filing 57 MEMORANDUM in Opposition re #53 MOTION for Partial Summary Judgment filed by Dennis R Bouck. (Attachments: #1 Statement of material facts, #2 Exhibit 1 - Fifth Discovery Requests to KCSR, #3 Exhibit 2 - Discovery Requests to KCSR, #4 Exhibit 3 - WLF Amicus Curiae)(aty,Clark, Matthew) |
Filing 56 NOTICE of Motion Setting regarding: #53 MOTION for Partial Summary Judgment and #54 MOTION for Summary Judgment. Motions referred to Judge Elizabeth E Foote. (crt,Miletello, A) |
Filing 55 STATEMENT of Undisputed Facts re #53 MOTION for Partial Summary Judgment by Kansas City Southern Railway Co. (aty,Landry, Robert) Modified on 8/16/2021 to more accurately described pleading submitted (Miletello, A). |
Filing 54 MOTION for Summary Judgment by International Paper Co. (Attachments: #1 Memorandum / Brief, #2 Statement of material facts, #3 Exhibit A, #4 Proposed order)(aty,Arthur, Mary) Modified docket text on 8/16/2021 (Miletello, A). |
Filing 53 MOTION for Partial Summary Judgment by Kansas City Southern Railway Co. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Landry, Robert) Modified on 8/16/2021 to indicate #55 Statement of Undisputed Facts submitted separately (Miletello, A). |
Filing 52 MINUTES for proceedings held before Judge Elizabeth E Foote: granting #49 Motion for Extension; STATUS CONFERENCE held on 7/22/2021. Dispositive Motions due by 8/16/2021. Discovery deadline is extended to 10/1/2021. All other deadlines remain in place. (crt,Keifer, K) |
Filing 51 NOTICE of Settlement by Foster Wheeler L L C (aty,McCoy, Lacey) |
Filing 50 MINUTE ENTRY: A telephone status conference is set for 7/22/2021 at 1:30 PM before Judge Elizabeth E Foote to discuss the motion to extend deadlines. See pdf for call in information. Signed by Judge Elizabeth E Foote on 7/20/2021. (crt,Keifer, K) |
Filing 49 Unopposed MOTION for Extension of Discovery and Dispositive Motion Deadline by Dennis R Bouck. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 7/16/2021. (Attachments: #1 Proposed order)(aty,Clark, Matthew) Modified docket text on 7/16/2021 (Miletello, A). |
Motions Transferred regarding #49 Motion for Extension of Discovery and Dispositive Motion Deadline. Motions referred to Judge Elizabeth E Foote. (crt,Miletello, A) |
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Filing 47 Unopposed MOTION for Entry of Consent Pathology Order by Kansas City Southern Railway Co. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 5/25/2021. (Attachments: #1 Proposed order)(aty,Landry, Robert) |
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Filing 45 Unopposed MOTION to Extend Expert Deadlines by Kansas City Southern Railway Co. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 4/28/2021. (Attachments: #1 Proposed order, #2 Memorandum / Brief)(aty,Landry, Robert) Modified on 4/28/2021 to capture more accurate motion event and modify docket text (Miletello, A). |
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Filing 43 MINUTES for proceedings held before Magistrate Judge Mark L Hornsby: Telephone SCHEDULING CONFERENCE held on 1/27/2021. (crt,Keller, J) |
Filing 42 ELECTRONIC MINUTE ENTRY:A telephone Status Conference has been set for 1/27/2021 at 11:00 AM before Magistrate Judge Mark L Hornsby. Dial-in instructions will be emailed to all counsel of record. Trial counsel for each party must participate. Signed by Magistrate Judge Mark L Hornsby on 1/5/2021. (crt,Rider, M) |
Filing 41 ELECTRONIC MINUTE ENTRY: This matter is referred to Magistrate Judge Hornsby for a scheduling conference. Signed by Judge Elizabeth E Foote on 1/4/2021. (crt,Keifer, K) |
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Filing 39 NOTICE of No Opposition on behalf of Dennis R Bouck re #38 MOTION to Dismiss For Failure to State a Claim (aty,Clark, Matthew) Modified on 1/4/2021 to modify docket text (Miletello, A). |
Set/Reset Deadlines as to #38 MOTION to Dismiss For Failure to State a Claim. Motion Ripe Deadline set for 12/28/2020. (crt,Dunford, T) |
Filing 38 Unopposed MOTION to Dismiss For Failure to State a Claim by Wabtec Transportation Systems L L C. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Boyd, Erin) Modified on 12/28/2020 to modify docket text (Miletello, A). |
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Filing 36 NOTICE of No Opposition re #28 MOTION to Dismiss For Failure to State a Claim by Dennis R Bouck (Attachments: #1 Proposed order)(aty,Clark, Matthew) Modified on 12/15/2020 to create docket entry relationship and modified docket text (Miletello, A). |
Filing 35 NOTICE of no opposition re #23 MOTION to Dismiss For Failure to State a Claim by Dennis R Bouck (aty,Clark, Matthew) Modified on 12/15/2020 to modify docket text (Miletello, A). |
Filing 34 PROPOSED ORDER/JUDGMENT Unopposed Order by Dennis R Bouck re #23 Motion to Dismiss for Failure to State a Claim,. (aty,Clark, Matthew) |
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Filing 32 Unopposed MOTION to Continue Submission Date re #23 Motion to Dismiss for Failure to State a Claim with consent by Dennis R Bouck. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 12/1/2020. (Attachments: #1 Proposed order)(aty,Clark, Matthew) Modified on 12/1/2020 to capture more accurate motion event, create docket entry relationship and modify docket text (Miletello, A). |
Motions Transferred regarding #32 MOTION to Continue Submission Date. Motions referred to Judge Elizabeth E Foote. (crt,Miletello, A) |
Filing 31 ANSWER to #1 Complaint, with Jury Demand by Wabtec Transportation Systems L L C.(aty,Boyd, Erin) |
Filing 30 NOTICE of Motion Setting regarding: #28 MOTION to Dismiss against Progress Rail Locomotive Inc. Motions referred to Judge Elizabeth E Foote. (crt,Miletello, A) |
Filing 29 ELECTRONIC MINUTE ENTRY issued by the Clerk. In accordance with Standing Order 1.62, this matter is hereby reassigned. Case reassigned to Judge Elizabeth E Foote. Chief Judge S Maurice Hicks, Jr no longer assigned to case. All future filings should bear the name of the new judge assignment.(crt,Whidden, C) |
Filing 28 MOTION to Dismiss For Failure to State a Claim by Progress Rail Locomotive Inc. (Attachments: #1 Memorandum / Brief)(Attorney Mark N Bodin added to party Electro-Motive Diesel Inc(pty:dft))(aty,Bodin, Mark) Modified on 11/25/2020 to capture more accurate motion event and modify docket text (Miletello, A). |
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Filing 26 CORPORATE DISCLOSURE STATEMENT by Comet Industries Inc. (aty,Marionneaux, Mark) |
Filing 25 NOTICE of Corporate Disclosure Statement Requirement re: #23 Motion to Dismiss for Failure to State a Claim sent to Mark A Marionneaux on behalf of Comet Industries Inc. Corporate Disclosure Statement due by 11/27/2020. (crt,Miletello, A) |
Filing 24 NOTICE of Motion Setting regarding: #23 MOTION to Dismiss For Failure to State a Claim. Motions referred to Chief Judge S Maurice Hicks, Jr. (crt,Miletello, A) |
Filing 23 MOTION to Dismiss For Failure to State a Claim by Comet Industries Inc. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(Attorney Mark A Marionneaux added to party Comet Industries Inc(pty:dft))(aty,Marionneaux, Mark) Modified on 11/13/2020 to modify docket text (Miletello, A). |
Filing 22 CORPORATE DISCLOSURE STATEMENT by Wabtec Transportation Systems L L C identifying Corporate Parent Westinghouse Air Brake Technologies Corporation for Wabtec Transportation Systems L L C. (aty,Boyd, Erin) |
Filing 21 CORPORATE DISCLOSURE STATEMENT by Kansas City Southern Railway Co identifying Corporate Parents Kansas City Southern, Vanguard Group Inc for Kansas City Southern Railway Co. (aty,Landry, Robert) Modified on 10/30/2020 to modify docket text (Miletello, A). |
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Filing 19 CORPORATE DISCLOSURE STATEMENT by International Paper Co. (aty,Penn, Elizabeth) |
Filing 18 ANSWER to #1 Complaint, by International Paper Co.(Attorney Elizabeth Riddell Penn added to party International Paper Co(pty:dft))(aty,Penn, Elizabeth) |
Filing 17 CORPORATE DISCLOSURE STATEMENT by Foster Wheeler L L C identifying Corporate Parent John Wood Group P L C for Foster Wheeler L L C. (aty,McCoy, Lacey) |
Filing 16 ANSWER to #1 Complaint, with Jury Demand by Foster Wheeler L L C.(Attorney Lacey Taylor McCoy added to party Foster Wheeler L L C(pty:dft))(aty,McCoy, Lacey) |
Filing 15 CORPORATE DISCLOSURE STATEMENT by Progress Rail Locomotive, Inc. f/k/a Electro-Motive Diesel, Inc. identifying Corporate Parents Progress Rail International Corp, Progress Rail Services Corp, Progress Rail Services Holdings Corp, Progress Rail Services L L C, Caterpillar Inc for Progress Rail Locomotive, Inc. f/k/a Electro-Motive Diesel, Inc. (aty,Bodin, Mark) Modified on 10/27/2020 to modify text (Miletello, A). |
Filing 14 ANSWER to #1 Complaint, with Jury Demand by Progress Rail Locomotive, Inc. f/k/a Electro-Motive Diesel, Inc..(Attorney Mark N Bodin added to party Progress Rail Locomotive, Inc. f/k/a Electro-Motive Diesel, Inc.(pty:dft))(aty,Bodin, Mark) |
Filing 13 NOTICE of Corporate Disclosure Statement Requirement re: #11 Motion for Extension of Time to File Answer sent to Erin Helen Boyd on behalf of Wabtec Transportation Systems L L C. Corporate Disclosure Statement due by 11/10/2020. (crt,Miletello, A) |
Filing 12 NOTICE of Corporate Disclosure Statement Requirement re: #10 Answer to Complaint sent to Robert E Landry on behalf of Kansas City Southern Railway Co. Corporate Disclosure Statement due by 11/10/2020. (crt,Miletello, A) |
Filing 11 MOTION for Extension of Time to File Answer re #1 Complaint, with consent by Wabtec Transportation Systems L L C. Motions referred to Mark L Hornsby. Motion Ripe Deadline set for 10/27/2020. (Attachments: #1 Proposed order)(Attorney Erin Helen Boyd added to party Wabtec Transportation Systems L L C(pty:dft))(aty,Boyd, Erin) |
Filing 10 ANSWER to #1 Complaint, with Jury Demand by Kansas City Southern Railway Co.(Attorney Robert E Landry added to party Kansas City Southern Railway Co(pty:dft))(aty,Landry, Robert) |
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Filing 8 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Mark L Hornsby on 10/6/2020. (crt,Rider, M) |
Filing 7 SUMMONS ISSUED as to Comet Industries Inc, Electro-Motive Diesel Inc, Foster Wheeler L L C, International Paper Co, Kansas City Southern Railway Co, Wabtec Transportation Systems L L C. (crt,Jones, P) |
Filing 6 PROPOSED TRANSFER ORDER Referred to Magistrate Judge Mark L Hornsby. Motion Ripe Deadline set for 10/5/2020. (crt,Jones, P) |
Filing 5 DISTRICT CASE transferred in from District of Louisiana Middle; Case Number 3:20-cv-00645. Original file copy of transfer order and docket sheet received |
CASE Assigned to Chief Judge S Maurice Hicks, Jr and Magistrate Judge Mark L Hornsby. (crt,Jones, P) |
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Filing 2 MOTION to Transfer Case to USDC Western District of Louisiana by All Plaintiffs. (Attachments: #1 Attachment proposed Order)(Clark, Matthew) [Transferred from Louisiana Middle on 10/5/2020.] |
Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ALAMDC-2178570.), filed by DENNIS R. BOUCK. (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment Summons, #3 Attachment Summons, #4 Attachment Summons, #5 Attachment Summons, #6 Attachment Summons, #7 Attachment Summons)(Clark, Matthew) (Attachment 1 replaced on 9/29/2020) (EDC). Modified on 9/29/2020 to flatten document. (EDC). [Transferred from Louisiana Middle on 10/5/2020.] |
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