Loos v. BNSF Railway Company Featured Case

Plaintiff: Michael D. Loos
Defendant: BNSF Railway Company
Case Number: 0:2013cv03373
Filed: December 9, 2013
Court: Minnesota District Court
Office: DMN Office
County: Kandiyohi
Presiding Judge: Paul A. Magnuson
Referring Judge: Franklin L. Noel
Nature of Suit: Federal Employers Liability
Cause of Action: 45:51
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on May 15, 2018. A more recent docket listing may be available from PACER.

Date Filed#Document Text
February 13, 2018 174 NOTICE OF FILING PETITION FOR CERTIORARI. The petition for a writ of certiorari in the above entitled case was filed on January 23, 2018 and placed on the docket January 25, 2018 as No. 17-1042. (JDF)
November 2, 2017 173 MANDATE of USCA (electronic copy) as to 159 Notice of Appeal to 8th Circuit filed by BNSF Railway Company. (LPH)
October 26, 2017 172 Featured Case ORDER of USCA as to 159 Notice of Appeal to 8th Circuit filed by BNSF Railway Company (received electronically from COA) (las)
October 6, 2017 171 COST JUDGMENT denying costs in favor of BNSF Railway Company against Michael D. Loos (Attachments: # 1 Taxation of Costs Summary)(TP)
October 6, 2017 170 COST JUDGMENT in favor of Michael D. Loos against BNSF Railway Company (Attachments: # 1 Taxation of Costs Summary)(TP)
August 3, 2017 169 USCA JUDGMENT (electronic copy) as to 136 Notice of Appeal to 8th Circuit filed by Michael D. Loos, 159 Notice of Appeal to 8th Circuit filed by BNSF Railway Company. It is hereby ordered and adjudged that the judgment of the district court in this cause is affirmed in accordance with the opinion of this Court. (las)
August 3, 2017 168 DOCUMENT FILED IN ERROR/WRONG EVENT USED/REFILED AT ENTRY 169 Opinion of USCA (electronic copy) as to 136 Notice of Appeal to 8th Circuit filed by Michael D. Loos, 159 Notice of Appeal to 8th Circuit filed by BNSF Railway Company. It is hereby ordered and adjudged that the judgment of the district court in this cause is affirmed in accordance with the opinion of this Court. (las) Modified TEXT on 8/3/2017 (las).
August 3, 2017 167 Opinion of USCA (electronic copy) as to 136 Notice of Appeal to 8th Circuit filed by Michael D. Loos, 159 Notice of Appeal to 8th Circuit filed by BNSF Railway Company. (las)
December 6, 2016 166 NOTICE to USCA of subsequent filing in a civil case, Re: Transcript 165 , Notice of Filing of Official Transcript 164 . 1 TRANSCRIPT SENT CONVENTIONALLY UNDER SEPARATE COVER. (AKL)
December 2, 2016 165 PARTIAL TRANSCRIPT (Excerpt) of Trial (Testimony of Dr. William Simonet) held on September 14, 2015, before Senior Judge Paul A. Magnuson. (57 pages). Court Reporter: Heather Schuetz (E-mail: Heather_Schuetz@mnd.uscourts.gov / Telephone: 651-848-1223). Redaction Request due 12/23/2016. Redacted Transcript Deadline set for 1/3/2017. Release of Transcript Restriction set for 3/2/2017. For information on redaction procedures, please review Local Rule 5.5. (HAS)
December 2, 2016 164 NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (HAS)
March 1, 2016 163 NOTICE to USCA of subsequent filing in a civil case, Re: Partial Satisfaction of Judgment 162 . (JDF)
February 29, 2016 162 PARTIAL SATISFACTION OF JUDGMENT by BNSF Railway Company. (Miller, Lee)
January 15, 2016 161 USCA Case Number 16-1123 for 159 Notice of Appeal to 8th Circuit filed by BNSF Railway Company. (AKL)
January 13, 2016 160 TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit 159 . (JDF)
January 13, 2016 159 NOTICE OF APPEAL TO 8TH CIRCUIT as to 158 Order on Motion to Alter Judgment by BNSF Railway Company. Filing fee $ 505, receipt number AMNDC-4730020. (Miller, Lee)
December 15, 2015 158 IT IS HEREBY ORDERED that BNSF's Motion for Collateral Source Offsets 130 is Denied in Part and Granted in Part. (Written Opinion) Signed by The Hon. Paul A. Magnuson on 12/15/2015. (LLM)
November 12, 2015 157 NOTICE to USCA of subsequent filing in a civil case, Re: Affidavit in Support of Motion, 156 , Reply 155 . (JDF)
November 11, 2015 156 AFFIDAVIT of Sally J. Ferguson in SUPPORT OF 139 MOTION Collateral Source Offset re 130 MOTION for Collateral Source Offset filed by BNSF Railway Company. (Attachments: # 1 Exhibit(s) A)(Ferguson, Sally) Modified text on 11/12/2015 (JDF).
November 11, 2015 155 REPLY re 147 Response in Opposition to Motion filed by BNSF Railway Company. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ferguson, Sally)
November 5, 2015 154 Supplemental Notice of Transcripts re: 153 sent conventionally to USCA. (JDF)
November 5, 2015 153 TRANSCRIPT of Summary Judgment Motion Hearing held on 05/20/2015 before Senior Judge Paul A. Magnuson. (27 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov / Telephone: 651-848-1221). Redaction Request due 11/30/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/3/2016. For information on redaction procedures, please review Local Rule 5.5. (JMA)
November 5, 2015 152 NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (JMA)
November 5, 2015 151 NOTICE to USCA of subsequent filing in a civil case, Re: Reply 145 , Objection to Bill of Costs 144 , Declaration in Opposition 148 , Affidavit in Support 146 , Declaration in Opposition 150 , Response in Opposition to Motion 147 , Declaration in Opposition 149 . (JDF)
November 4, 2015 150 DECLARATION of Karyn Loos in Opposition to 147 Response in Opposition to Motion filed by Michael D. Loos. Exhibit A is also included with this filing. (McReynolds, Michael) Modified text on 11/5/2015 (JDF).
November 4, 2015 149 DECLARATION of Michael Loos in Opposition to 147 Response in Opposition to Motion filed by Michael D. Loos. Exhibit A is also included in the filing. (McReynolds, Michael) Modified text on 11/5/2015 (JDF).
November 4, 2015 148 DECLARATION of Michael P. McReynolds in Opposition to 147 Response in Opposition to Motion filed by Michael D. Loos. (McReynolds, Michael) Exhibit A is also included with this filing. Modified text on 11/5/2015 (JDF).
November 4, 2015 147 MEMORANDUM OF LAW in Opposition re 130 MOTION for Collateral Source Offset filed by Michael D. Loos. (Attachments: # 1 Certificate of Compliance)(McReynolds, Michael) Modified text on 11/5/2015 (JDF).
November 2, 2015 146 AFFIDAVIT of Sally Ferguson in Support re 145 Reply filed by BNSF Railway Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Ferguson, Sally) Modified text on 11/2/2015 (kt).
November 2, 2015 145 REPLY re 144 Objection to Bill of Costs filed by BNSF Railway Company. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate )(Ferguson, Sally) Modified on 11/2/2015 (kt).
October 26, 2015 144 OBJECTION to Bill of Costs re 134 Bill of Costs by Michael D. Loos. (McReynolds, Michael)
October 22, 2015 143 USCA Case Number 15-3355 for 136 Notice of Appeal to 8th Circuit filed by Michael D. Loos. (AKL)
October 22, 2015 142 Supplemental AFFIDAVIT of Sally J. Ferguson in SUPPORT OF 139 MOTION Collateral Source Offset re 130 MOTION for Collateral Source Offset filed by BNSF Railway Company. (Attachments: # 1 Exhibit(s) K)(Ferguson, Sally) Modified text on 10/23/2015 (JDF).
October 21, 2015 141 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by BNSF Railway Company re 140 Affidavit in Support of Motion,, filed by BNSF Railway Company. (Ferguson, Sally)
October 21, 2015 140 AFFIDAVIT of Sally J. Ferguson in SUPPORT OF 139 MOTION Collateral Source Offset re 130 MOTION for Collateral Source Offset , 130 MOTION for Collateral Source Offset filed by BNSF Railway Company. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J)(Ferguson, Sally) Modified text on 10/21/2015 (JDF).
October 21, 2015 139 MEMORANDUM IN SUPPORT re 130 MOTION for Collateral Source Offset by BNSF Railway Company. (Ferguson, Sally) Modified text on 10/21/2015 (JDF).
October 19, 2015 138 TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit 136 . (JDF)
October 19, 2015 137 OBJECTION to Bill of Costs re 133 Bill of Costs by BNSF Railway Company. (Ferguson, Sally)
October 16, 2015 136 NOTICE OF APPEAL TO 8TH CIRCUIT as to 62 Order on Motion to Bifurcate,, Order on Motion for Summary Judgment,, Order on Motion for Continuance, by Michael D. Loos. Filing fee $ 505, receipt number AMNDC-4608364. (McReynolds, Michael)
October 12, 2015 135 AFFIDAVIT of Sally J. Ferguson re 134 Bill of Costs by BNSF Railway Company. (Ferguson, Sally)
October 12, 2015 134 BILL OF COSTS by BNSF Railway Company. (Attachments: # 1 Exhibit(s) Exhibits to Bill of Costs)(Ferguson, Sally)
October 8, 2015 133 BILL OF COSTS by Michael D. Loos. (Attachments: # 1 Exhibit(s))(McReynolds, Michael)
October 7, 2015 132 TEXT ONLY ENTRY: NOTICE to Attorneys: REVISED BRIEFING SCHEDULE: Doc. No. 130 Defendant's Motion for Collateral Source Offset. Defendant's Memorandum will be due by October 21, 2015. Plaintiff's response will be due by November 4, 2015. Any reply will be due by November 11, 2015. (JEP)
October 7, 2015 131 TEXT ONLY ENTRY: NOTICE to Attorneys: The Defendant's Motion for Collateral Source Offset (Doc. No. 130) will be decided by Judge Paul A. Magnuson without a hearing, on the submissions. Plaintiff's response is due by October 21, 2015. Any reply will be due by October 28, 2015. (JEP)
September 25, 2015 130 MOTION for Collateral Source Offset and NOTICE OF HEARING ON MOTION for Collateral Source Offset (Miller, Lee) Modified on 9/28/2015 (TSS).
September 17, 2015 129 JUDGMENT. (Attachments: # 1 Civil Notice - appeal)(TSS)
September 16, 2015 128 FINAL DEFENDANT'S EXHIBIT LIST by BNSF Railway Company.. (JEP)
September 16, 2015 127 FINAL PLAINTIFF'S EXHIBIT LIST by Michael D. Loos. (JEP)
September 15, 2015 126 REDACTED JURY VERDICT. Pursuant to Fed. R. Civ. P. 5.2, unredacted version of this document is filed under seal. (Attachments: # 1 SEALED Original Jury Verdict)(AKL)
September 15, 2015 125 Final Jury Instructions. (JEP)
September 15, 2015 124 Minute Entry for proceedings held before Judge Paul A. Magnuson: Jury Trial completed on 9/15/2015. (Court Reporter Carla Bebault) (JEP)
September 15, 2015 123 JURY QUESTION(s) No. 1 - 2. (AKL) Document QC'd on 10/7/2015 (JGK)
September 14, 2015 122 Minute Entry for proceedings held before Judge Paul A. Magnuson: Jury Trial continued on 9/14/2015. Oral decision on motion-granting 121 Motion in Limine. (Trial to continue 9/15/15.) Defendant's witness: William T. Simonet, M.D., P.A. (Court Reporter Heather Schuetz) (JEP) Modified file date on 9/15/2015 (JDF).
September 14, 2015 121 Second MOTION in Limine by BNSF Railway Company. (Miller, Lee)
September 11, 2015 120 Minute Entry for proceedings held before Judge Paul A. Magnuson: Jury Trial continued on 9/11/2015. Oral motion-Def. Motion for Direct Verdict, argued, DENIED. (Trial to continue 9/14/15.) Defendant's witnesses: Benjamin Griffith, Bill Shuland, and John Wright. (Court Reporter Lori Simpson) (JEP)
September 11, 2015 119 Proposed Special Verdict Form by BNSF Railway Company. (Miller, Lee)
September 9, 2015 118 Minute Entry for proceedings held before Judge Paul A. Magnuson: Jury Trial continued on 9/11/2015. Plaintiff witnesses: John Kaye, Deb Kaye, Michael Loos, Karyn Loos, Dr. Kim Schaap via video deposition. (Court Reporter Kristine Mousseau/Jeanne Anderson) (JEP) Modified text on 9/10/2015 (JDF).
September 9, 2015 117 NOTICE to Take Deposition of Dr. Andrew Hoffman by Michael D. Loos.(McReynolds, Michael)
September 8, 2015 116 Minute Entry for proceedings held before Judge Paul A. Magnuson: Jury Selection held on 9/8/2015, Jury Trial begun on 9/8/2015. Plaintiff's witness: Michael Loos. (Court Reporter Staci Hechert) (JEP)
September 4, 2015 115 PROPOSED EXHIBIT LIST First Amended by Michael D. Loos.. (McReynolds, Michael)
September 3, 2015 114 IT IS HEREBY ORDERED that BNSF's Supplemental Motions in Limine are GRANTED in part and DENIED in part 93 . (Written Opinion) Signed by The Hon. Paul A. Magnuson on 09/03/2015. (LLM)
September 2, 2015 113 Proposed Special Verdict Form by Michael D. Loos. (McReynolds, Michael)
September 2, 2015 112 RESPONSE in Opposition re 93 First MOTION to Supplement Record Motions in Limine filed by Michael D. Loos. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(McReynolds, Michael)
September 2, 2015 111 Exhibit List First Amended by BNSF Railway Company. (Miller, Lee)
August 26, 2015 110 Featured Case ORDER: 1. Loos's Motions in Limine are DENIED in part and GRANTED in part 89 ; and 2. BNSF's Motions in Limine are DENIED in part and GRANTED in part 81 . (Written Opinion). Signed by The Hon. Paul A. Magnuson on 08/26/2015. (LLM)
August 26, 2015 109 Featured Case ORDER granting 99 Motion for Continuance. Jury Trial set for 9/8/2015 09:00 AM in Courtroom 7D (STP) before Judge Paul A. Magnuson. Signed by Judge Paul A. Magnuson on August 26, 2015. (ALT)
August 25, 2015 108 AFFIDAVIT of Michael P. McReynolds in SUPPORT OF 99 MOTION for Continuance filed by Michael D. Loos. (Attachments: # 1 Exhibit A: August 24, 2015 letter)(McReynolds, Michael) Modified text on 8/25/2015 (ALM).
August 25, 2015 107 Reply to Response to Motion re 99 MOTION for Continuance filed by Michael D. Loos. (McReynolds, Michael)
August 25, 2015 106 AFFIDAVIT of Sally J. Ferguson in OPPOSITION TO 99 MOTION for Continuance filed by BNSF Railway Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ferguson, Sally) Modified text on 8/25/2015 (kt).
August 25, 2015 105 MEMORANDUM in Opposition re 99 MOTION for Continuance filed by BNSF Railway Company. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ferguson, Sally)
August 25, 2015 104 TEXT ONLY ENTRY: NOTICE of Cancellation of Hearing: 100 NOTICE OF HEARING ON MOTION 99 MOTION for Continuance : Motion Hearing set for 8/25/2015 01:00 PM is cancelled and will be decided on the submissions by Judge Paul A. Magnuson. (JEP)
August 24, 2015 103 RESPONSE in Opposition re 81 MOTION in Limine filed by Michael D. Loos. (McReynolds, Michael)
August 24, 2015 102 AFFIDAVIT of Michael P. McReynolds in SUPPORT OF 99 MOTION for Continuance filed by Michael D. Loos. (McReynolds, Michael)
August 24, 2015 101 MEMORANDUM in Support re 99 MOTION for Continuance filed by Michael D. Loos. (McReynolds, Michael)
August 24, 2015 100 NOTICE OF HEARING ON MOTION 99 MOTION for Continuance: date and time t.b.d. (McReynolds, Michael) Modified text on 8/25/2015 (kt).
August 24, 2015 99 MOTION for Continuance by Michael D. Loos. (McReynolds, Michael)
August 24, 2015 98 AFFIDAVIT of Sally J. Ferguson in OPPOSITION TO 89 MOTION in Limine filed by BNSF Railway Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Ferguson, Sally) Modified on 8/24/2015 (kt).
August 24, 2015 97 RESPONSE re 89 MOTION in Limine filed by BNSF Railway Company. (Ferguson, Sally)
August 24, 2015 96 OBJECTION re 87 List of Deposition Testimony filed by BNSF Railway Company. (Ferguson, Sally)
August 24, 2015 95 Featured Case ORDER denying 67 Motion to Compel. Signed by Judge Paul A. Magnuson on August 24, 2015. (ALT)
August 21, 2015 94 AFFIDAVIT of Sally J. Ferguson in SUPPORT OF 93 First MOTION to Supplement Record Motions in Limine filed by BNSF Railway Company. (Attachments: # 1 Exhibit(s) I)(Miller, Lee)
August 21, 2015 93 First MOTION to Supplement Record Motions in Limine by BNSF Railway Company. (Miller, Lee)
August 18, 2015 92 TEXT ONLY ENTRY: NOTICE of Cancellation of Hearing: 90 NOTICE OF HEARING ON 89 MOTION in Limine: Motion Hearing set for 8/31/2015 09:00 AM is cancelled and will be decided on the submissions by Judge Paul A. Magnuson. All Motions in Limine will be decided on the submissions. (JEP)
August 17, 2015 91 MEMORANDUM in Support re 89 MOTION in Limine filed by Michael D. Loos. (McReynolds, Michael)
August 17, 2015 90 NOTICE OF HEARING ON 89 MOTION in Limine: Motion Hearing set for 8/31/2015 09:00 AM in Courtroom 7C (STP) before Senior Judge Paul A. Magnuson. (McReynolds, Michael) Modified on 8/18/2015 (AKL).
August 17, 2015 89 MOTION in Limine by Michael D. Loos. (McReynolds, Michael)
August 17, 2015 88 TRIAL BRIEF by Michael D. Loos. (McReynolds, Michael)
August 17, 2015 87 List of Deposition Testimony submitted by Michael D. Loos. (McReynolds, Michael)
August 17, 2015 86 Proposed Voir Dire by Michael D. Loos. (McReynolds, Michael)
August 17, 2015 85 Proposed Jury Instructions submitted by Michael D. Loos. (McReynolds, Michael)
August 17, 2015 83 Exhibit List by Michael D. Loos. (McReynolds, Michael)
August 17, 2015 82 MEMORANDUM in Support re 81 MOTION in Limine filed by BNSF Railway Company. (Ferguson, Sally)
August 17, 2015 81 NOTICE OF MOTION and MOTIONS in Limine by BNSF Railway Company. (Ferguson, Sally) Modified text on 8/18/2015 (ALM).
August 17, 2015 80 AFFIDAVIT of Sally J. Ferguson in SUPPORT OF 81 MOTION in Limine filed by BNSF Railway Company. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D, # 5 Exhibit(s) Exhibit E, # 6 Exhibit(s) Exhibit F, # 7 Exhibit(s) Exhibit G, # 8 Exhibit(s) Exhibit H)(Ferguson, Sally) Modified link on 8/17/2015 (ALM).
August 17, 2015 79 DOCUMENT FILED IN ERROR - WILL REFILE. MOTION in Limine by BNSF Railway Company. (Ferguson, Sally) Modified text on 8/17/2015 (ALM).
August 17, 2015 78 TRIAL BRIEF by BNSF Railway Company. (Ferguson, Sally)
August 17, 2015 77 List of Deposition Testimony Dr. Andrew Hoffman submitted by BNSF Railway Company. (Ferguson, Sally)
August 17, 2015 76 Proposed Voir Dire by BNSF Railway Company. (Ferguson, Sally)
August 17, 2015 75 Proposed Special Verdict Form by BNSF Railway Company. (Ferguson, Sally)
August 17, 2015 74 Proposed Jury Instructions submitted by BNSF Railway Company. (Ferguson, Sally)
August 17, 2015 73 Witness List by BNSF Railway Company. (Ferguson, Sally)
August 17, 2015 72 Exhibit List by BNSF Railway Company. (Ferguson, Sally)
August 14, 2015 71 MEMORANDUM in Opposition re 67 MOTION to Compel MOTION for Discovery filed by BNSF Railway Company. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Miller, Lee)
August 10, 2015 70 MEET and CONFER STATEMENT re 67 Motion to Compel, Motion for Discovery filed by Michael D. Loos. (McReynolds, Michael)
August 10, 2015 69 AFFIDAVIT of Michael P. McReynolds in SUPPORT OF 67 MOTION to Compel MOTION for Discovery filed by Michael D. Loos. (Attachments: # 1 Exhibit(s) Ex. A Int. 18, # 2 Exhibit(s) Ex. B Email to Miller & Ferguson)(McReynolds, Michael)
August 10, 2015 68 MEMORANDUM in Support re 67 MOTION to Compel MOTION for Discovery filed by Michael D. Loos. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(McReynolds, Michael)
August 10, 2015 67 MOTION to Compel by Michael D. Loos. (McReynolds, Michael) Modified text on 8/11/2015 (LPH).
August 7, 2015 66 DOCUMENT FILED IN ERROR-WILL REFILE. MOTION to Alter/Amend/Correct Other Orders , MOTION to Alter/Amend/Supplement Pleadings , MOTION to Appear as Amicus Curiae by Michael D. Loos. (Attachments: # 1 Exhibit(s) Meet & Confer Statement, # 2 Exhibit(s) Memorandum, # 3 Exhibit(s) McReynolds Aff'd., # 4 Exhibit(s) Exhibit A, # 5 Exhibit(s) Exhibit B)(McReynolds, Michael) Modified text on 8/10/2015 (lmb).
July 31, 2015 65 **TEXT ONLY ENTRY** Minute Entry for proceedings held before Judge Paul A. Magnuson: Final Pretrial Conference held on 7/31/2015. Present: Michael McReynolds; Lee Miller. (JEP)
July 28, 2015 64 AMENDED JURY TRIAL NOTICE Jury Trial set for 8/31/2015 09:00 AM in Courtroom 7D (STP) before Judge Paul A. Magnuson. (JEP)
July 7, 2015 63 NOTICE of Final Pretrial Conference set for 7/31/2015 10:00 AM in Judge's Chambers, Suite 734 (STP) before Judge Paul A. Magnuson. (JEP)
June 30, 2015 62 Featured Case MEMORANDUM AND ORDER: 1. BNSF's Motion for Summary Judgment is Granted in Part and Denied in Part 43 ; 2. BNSF's Motion for Separate Trials is Denied as Moot 33 ; and 3. Loos's Motion for a Continuance of Trial is Denied without prejudice 55 . (Written Opinion). Signed by Senior Judge Paul A. Magnuson on 06/30/2015. (LLM)
June 19, 2015 61 NOTICE to Attorneys of Civil Cases for Trial before Judge Paul A. Magnuson on or after August 3, 2015. (JEP)
June 9, 2015 60 Minute Entry for proceedings held before Magistrate Judge Franklin L. Noel: Settlement Conference held on 6/9/2015. No settlement reached. (AKL)
June 9, 2015 59 NOTIFICATION of Supplemental Authority re 49 Memorandum in Opposition to Motion Ludlow v. BNSF Decision 6-4-15 by Michael D. Loos filed by Michael D. Loos. (McReynolds, Michael) Modified text on 6/10/2015 (kt).
June 8, 2015 58 MEMORANDUM in Opposition re 55 MOTION for Continuance filed by BNSF Railway Company. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ferguson, Sally)
June 2, 2015 57 AFFIDAVIT of Michael McReynolds in SUPPORT OF 55 MOTION for Continuance filed by Michael D. Loos. (Attachments: # 1 Exhibit(s) A). (McReynolds, Michael) Modified text on 6/3/2015 (lmb).
June 2, 2015 56 MEMORANDUM in Support re 55 MOTION for Continuance filed by Michael D. Loos. (McReynolds, Michael)
June 2, 2015 55 MOTION for Continuance of trial by Michael D. Loos. (McReynolds, Michael) Modified text on 6/3/2015 (lmb).
June 2, 2015 54 TEXT ONLY ENTRY: NOTICE to Attorney: The Settlement Conference scheduled for June 9, 2015 will begin at 2:00 p.m. rather than 9:30 a.m. in Chambers 9W before U.S. Magistrate Judge Franklin L. Noel. (TMA)
May 20, 2015 53 **TEXT ONLY MINUTE ENTRY** Minute Entry for proceedings held before Judge Paul A. Magnuson: Motion Hearing held on 5/20/2015 re 33 Amended MOTION to Bifurcate filed by BNSF Railway Company, 43 MOTION for Summary Judgment filed by BNSF Railway Company, argued, taken under advisement. Present: Michael McReynolds; Lee Miller, Sally Ferguson. (Court Reporter Jeanne Anderson) (JEP)
May 11, 2015 52 Supplemental AFFIDAVIT of Lee A. Miller in SUPPORT OF 43 MOTION for Summary Judgment filed by BNSF Railway Company. (Attachments: # 1 Exhibit(s) II, # 2 Exhibit(s) JJ, # 3 Exhibit(s) KK, # 4 Exhibit(s) LL, # 5 Exhibit(s) MM)(Miller, Lee)
May 11, 2015 51 Reply to Response to Motion re 43 MOTION for Summary Judgment filed by BNSF Railway Company. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Miller, Lee)
May 5, 2015 50 AFFIDAVIT of Michael P. McReynolds in OPPOSITION TO 43 MOTION for Summary Judgment , 33 Amended MOTION to Bifurcate filed by Michael D. Loos. (Attachments: # 1 Exhibit(s) A Loos Deposition 10-22-14, # 2 Exhibit(s) B Formal Investigation Transcript 11-16-12, # 3 Exhibit(s) C Tello Letter to Hyatt 11-9-12, # 4 Exhibit(s) D Hyatt Letter to Tello 11-15-12, # 5 Exhibit(s) E Loos Testimony Gunderson Peterson FRSA 1-30-12, # 6 Exhibit(s) F Holmes Email to Bremseth & McReynolds 1-27-12, # 7 Exhibit(s) G FMLA Application 5-22-11, # 8 Exhibit(s) H BNSF Letter to Loos Denying FMLA 5-25-11, # 9 Exhibit(s) I Loos FMLA Application 9-24-12, # 10 Exhibit(s) J BNSF Letter to Loos Denying FMLA 9-28-12, # 11 Exhibit(s) K Dr. Hoffman Letter re Knee Flareups 11-6-12, # 12 Exhibit(s) L George Joyce Deposition 4-23-15, # 13 Exhibit(s) M Jeff Pientka Deposition 1-28-15, # 14 Exhibit(s) N Peter Hamell Deposition 1-28-15, # 15 Exhibit(s) O Jeremy Brown Deposition 2-13-15, # 16 Exhibit(s) P Donald Mullins Deposition 2-13-15, # 17 Exhibit(s) Q William Fry Affidavit 1-4-12)(McReynolds, Michael)
May 4, 2015 49 MEMORANDUM in Opposition re 29 MOTION for Summary Judgment filed by Michael D. Loos. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate). (McReynolds, Michael) Modified text on 5/5/2015 (lmb).
April 27, 2015 48 Featured Case ORDER to extend briefing. Response to 5/4/2015 and Reply to 5/11/2015. Signed by Judge Paul A. Magnuson on 04/27/2015. (JEP)
April 22, 2015 47 STIPULATION to Extend Briefing Deadlines for Summary Judgment Motion and Separate Trial Motion by BNSF Railway Company. Jointly signed by Michael D. Loos. (Miller, Lee) Modified text on 4/23/2015 (lmb).
April 13, 2015 46 TEXT ONLY ENTRY: NOTICE of Resetting of Motions Hearing: 35 34 33 Amended MOTION to Bifurcate ; 30 29 MOTION for Summary Judgment : and 45 43 MOTION for Summary Judgment : Motions Hearing set for 5/21/2015 11:00 AM reset for 5/20/2015 03:00 PM in Courtroom 7D (STP) before Judge Paul A. Magnuson. (JEP)
April 10, 2015 45 NOTICE OF HEARING ON MOTION 43 MOTION for Summary Judgment : Motion Hearing set for 5/21/2015 11:00 AM in Courtroom 7D (STP) before Senior Judge Paul A. Magnuson. (Miller, Lee) Modified on 4/10/2015 (kt).
April 9, 2015 44 CERTIFICATE OF SERVICE ON PROPOSED ORDER by BNSF Railway Company re 37 MOTION for Summary Judgment , 43 MOTION for Summary Judgment (Miller, Lee)
April 9, 2015 43 AMENDED MOTION for Summary Judgment and Alternative Motion for Separate Trials by BNSF Railway Company. (Miller, Lee) Modified on 4/10/2015 (kt). Modified text on 5/6/2015 (lmb).
April 9, 2015 42 AFFIDAVIT of Lee A. Miller in SUPPORT OF 43 MOTION for Summary Judgment filed by BNSF Railway Company. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P, # 17 Exhibit(s) Q, # 18 Exhibit(s) R, # 19 Exhibit(s) S, # 20 Exhibit(s) T, # 21 Exhibit(s) U, # 22 Exhibit(s) V, # 23 Exhibit(s) W, # 24 Exhibit(s) X, # 25 Exhibit(s) Y, # 26 Exhibit(s) Z, # 27 Exhibit(s) AA, # 28 Exhibit(s) BB, # 29 Exhibit(s) CC, # 30 Exhibit(s) DD, # 31 Exhibit(s) EE, # 32 Exhibit(s) FF, # 33 Exhibit(s) GG, # 34 Exhibit(s) HH)(Miller, Lee) Modified on 4/10/2015 (kt).
April 9, 2015 41 DECLARATION of Michael Leonard in SUPPORT OF 43 MOTION for Summary Judgment filed by BNSF Railway Company. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6)(Miller, Lee) Modified on 4/10/2015 (kt). Modified on 4/10/2015 (kt).
April 9, 2015 40 AFFIDAVIT of Jacqueline M. Holmes in SUPPORT OF 43 MOTION for Summary Judgment filed by BNSF Railway Company. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6)(Miller, Lee) Modified on 4/10/2015 (kt).
April 9, 2015 39 MEMORANDUM in Support re 43 MOTION for Summary Judgment filed by BNSF Railway Company. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Miller, Lee) Modified on 4/10/2015 (kt).
April 9, 2015 38 DOCUMENT FILED IN ERROR: REFILE WITH CORRECT DATE: NOTICE OF HEARING ON MOTION 37 MOTION for Summary Judgment : Motion Hearing set for 5/21/2015 11:00 AM in Courtroom 3A (STP) before Senior Judge Paul A. Magnuson. (Miller, Lee) Modified on 4/10/2015 (kt).
April 9, 2015 37 MOTION for Summary Judgment by BNSF Railway Company. (Miller, Lee)
March 23, 2015 36 Featured Case ORDER/NOTICE OF SETTLEMENT CONFERENCE: Settlement Conference set for 6/9/2015 09:30 AM in Judge's Chambers 9W (MPLS) before Magistrate Judge Franklin L. Noel. Signed by Magistrate Judge Franklin L. Noel on 03/23/2015. (lmb)
March 13, 2015 35 TEXT ONLY ENTRY: NOTICE of Resetting of Motions Hearing: 34 33 Amended MOTION to Bifurcate ; 30 29 MOTION for Summary Judgment : Motions Hearing set for 4/30/2015 11:00 reset for 5/21/2015 11:00 AM in Courtroom 7D (STP) before Senior Judge Paul A. Magnuson. (JEP)
February 17, 2015 34 NOTICE OF HEARING ON MOTION 33 Amended MOTION to Bifurcate : Amended Motion Hearing set for 4/30/2015 11:30 AM in Courtroom 7D (STP) before Senior Judge Paul A. Magnuson. (Ferguson, Sally)
February 17, 2015 33 Amended MOTION to Bifurcate by BNSF Railway Company. (Ferguson, Sally)
February 10, 2015 32 NOTICE OF HEARING ON MOTION 31 MOTION to Bifurcate : Motion Hearing set for 3/9/2015 10:30 AM in Courtroom 9W (MPLS) before Magistrate Judge Franklin L. Noel. (Ferguson, Sally)
February 10, 2015 31 MOTION to Bifurcate by BNSF Railway Company. (Ferguson, Sally)
February 3, 2015 30 NOTICE OF HEARING ON MOTION 29 MOTION for Summary Judgment : Motion Hearing set for 4/30/2015 11:00 AM in Courtroom 7D (STP) before Senior Judge Paul A. Magnuson. (Ferguson, Sally) Modified on 2/4/2015 (AKL).
February 3, 2015 29 MOTION for Summary Judgment by BNSF Railway Company. (Ferguson, Sally)
January 29, 2015 28 Featured Case ORDER granting in part and denying in part 12 Motion to compel independent medical examinations, for payment of no-show fees, and to extend the scheduling order deadlines. Signed by Magistrate Judge Franklin L. Noel on 1/27/15. (AKL)
January 26, 2015 27 Minute Entry for proceedings held before Magistrate Judge Franklin L. Noel: Motion Hearing held on 1/26/2015 re 12 MOTION to Compel Independent Medical Examinations and Payment of No-Show Fees MOTION for Extension of Time filed by BNSF Railway Company. Motion taken under advisement. Order to be issued. (AKL)
January 20, 2015 26 AFFIDAVIT of Michael Loos in OPPOSITION TO 12 MOTION to Compel Independent Medical Examinations and Payment of No-Show Fees MOTION for Extension of Time filed by Michael D. Loos. (Attachments: # 1 Ex A)(McReynolds, Michael) Modified on 1/21/2015 (kt).
January 20, 2015 25 AFFIDAVIT of Michael McReynolds in OPPOSITION TO 12 MOTION to Compel Independent Medical Examinations and Payment of No-Show Fees MOTION for Extension of Time filed by Michael D. Loos. (Attachments: # 1 Ex A, # 2 Ex B, # 3 Ex C)(McReynolds, Michael) Modified on 1/21/2015 (kt).
January 20, 2015 24 RESPONSE in Opposition re 12 MOTION to Compel Independent Medical Examinations and Payment of No-Show Fees MOTION for Extension of Time filed by Michael D. Loos. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(McReynolds, Michael)
January 20, 2015 23 TEXT ONLY ENTRY: NOTICE to Attorney: Plaintiff is allowed to file responsive briefing to Defendant's motion [#12] by end of January 21, 2015. (TMA)
January 20, 2015 22 LETTER TO MAGISTRATE JUDGE by Michael D. Loos Request for leave to file memorandum. (McReynolds, Michael)
December 2, 2014 21 TEXT ONLY ENTRY: NOTICE of Resetting of Hearing: MOTION to Compel Independent Medical Examinations and Payment of No-Show Fees MOTION for Extension of Time : Motion Hearing set for 12/3/2014 10:30 AM is continued to January 26, 2015 at 9:00 a.m. in Courtroom 9W (MPLS) before Magistrate Judge Franklin L. Noel. Reference Docket ### 18, 19, 20. The Court will address the pretrial schedule at that hearing. (TMA)
December 1, 2014 20 AFFIDAVIT of Michael F. Tello in SUPPORT OF 18 Corrected MOTION for Continuance filed by Michael D. Loos. (McReynolds, Michael)
December 1, 2014 19 AFFIDAVIT of Dawn M. Odegard in SUPPORT OF 18 Corrected MOTION for Continuance filed by Michael D. Loos. (Attachment #1: Affidavit with Exhibit). (McReynolds, Michael)
December 1, 2014 18 Corrected MOTION for Continuance by Michael D. Loos. (McReynolds, Michael)
November 25, 2014 17 TEXT ONLY ENTRY: NOTICE to Attorney: Plaintiff has until Noon on Monday, December 1, 2014 to file its response memorandum to Defendant's motion to compel. (TMA)
November 19, 2014 16 MEET and CONFER STATEMENT re 12 Motion to Compel, Motion for Extension of Time (General) filed by BNSF Railway Company. (Ferguson, Sally)
November 19, 2014 15 AFFIDAVIT of Lee A. Miller in SUPPORT OF 12 MOTION to Compel Independent Medical Examinations and Payment of No-Show Fees MOTION for Extension of Time filed by BNSF Railway Company. (Attachments: # 1 Exhibit(s) A - H)(LaFave, Allison)
November 19, 2014 14 MEMORANDUM in Support re 12 MOTION to Compel Independent Medical Examinations and Payment of No-Show Fees MOTION for Extension of Time filed by BNSF Railway Company. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(LaFave, Allison)
November 19, 2014 13 NOTICE OF HEARING ON MOTION 12 MOTION to Compel Independent Medical Examinations and Payment of No-Show Fees MOTION for Extension of Time : Motion Hearing set for 12/3/2014 10:30 AM in Courtroom 9W (MPLS) before Magistrate Judge Franklin L. Noel. (LaFave, Allison)
November 19, 2014 12 MOTION to Compel Independent Medical Examinations and Payment of No-Show Fees; MOTION for Extension of Time by BNSF Railway Company. (LaFave, Allison)
November 19, 2014 11 NOTICE of Appearance by Allison LaFave on behalf of BNSF Railway Company. (LaFave, Allison)
March 27, 2014 10 Featured Case SCHEDULING ORDER: (Amended Pleadings due by 8/1/2014, Discovery due by 2/1/2015, Motions (non-disp) due 3/1/2015, Motions (disp) due by 5/1/2015, Ready for trial due by 7/1/2015). Signed by Magistrate Judge Franklin L. Noel on 3/27/14. (akl)
March 25, 2014 9 Minute Entry for proceedings held before Magistrate Judge Franklin L. Noel: Initial Pretrial Conference held on 3/25/2014. (akl)
March 7, 2014 8 REPORT of Rule 26(f) Planning Meeting. Filed by BNSF Railway Company. Jointly signed by Michael D. Loos) (Miller, Lee) Modified on 3/7/2014 (jz).
February 20, 2014 7 NOTICE: Pretrial Conference set for 3/25/2014 10:45 AM in Judge's Chambers 9W (MPLS) before Magistrate Judge Franklin L. Noel. (jam)
February 18, 2014 6 DEMAND for Trial by Jury by BNSF Railway Company. (Ferguson, Sally)
January 27, 2014 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Pretrial Conference set for 3/18/2014 09:15 AM in Judge's Chambers 9W (MPLS) before Magistrate Judge Franklin L. Noel). Signed by Magistrate Judge Franklin L. Noel on 1/27/14. (Attachments: # 1 Consent Form)(akl)
January 10, 2014 4 Featured Case ORDER - In re dispositive-motion practice in cases assigned to Judge Magnuson. Signed by Senior Judge Paul A. Magnuson on August 13, 2012. (SMR)
December 30, 2013 3 ANSWER to Complaint by BNSF Railway Company. (Ferguson, Sally)
December 9, 2013 2 Summons Issued Conventionally as to BNSF Railway Company. (akl)
December 9, 2013 1 COMPLAINT against BNSF Railway Company. (Filing fee $400 receipt number 40076007) Case assigned to Judge Paul A. Magnuson per Master List and referred to Magistrate Judge Franklin L. Noel. Filed by Michael D. Loos. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (akl)DOCUMENT QC'D ON 12/10/13 LGL Modified on 12/10/2013 (LGL).

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Plaintiff: Michael D. Loos
Represented By: Michael P McReynolds
Represented By: Michael F Tello
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Defendant: BNSF Railway Company
Represented By: Sally J Ferguson
Represented By: Lee A Miller
Represented By: Noelle L Schubert
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