Tillman v. BNSF Railway Company et al
| Ricky Tillman, Jr. |
| Donald Handy, BNSF Railway Company and Titusan Townsend |
| 1:2020cv00178 |
| August 21, 2020 |
| US District Court for the Eastern District of Missouri |
| Stephen N Limbaugh |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Filing 86 MANDATE of USCA as to #80 Notice of Appeal filed by Donald Handy, BNSF Railway Company USCA #:21-2931 In accordance with the judgment and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. (CMH) |
| Filing 85 USCA JUDGMENT as to #80 Notice of Appeal filed by Donald Handy, BNSF Railway Company. This is a preliminary judgment and/or opinion of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals.(JMC) |
| Filing 84 OPINION from USCA re #80 Notice of Appeal : USCA Appeal #: 21-2931. The Order of the district court dated July 21, 2021 is affirmed. (JMC) |
| Filing 83 Briefing Schedule from USCA for #80 Notice of Appeal filed by Donald Handy, BNSF Railway Company USCA Appeal Number: 21-2931. (See attached document for all other deadlines.)(CSG) |
| Filing 82 Initial Notification from USCA for #80 Notice of Appeal filed by Donald Handy, BNSF Railway Company USCA Appeal Number: 21-2931.(CSG) |
| Filing 81 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding #80 Notice of Appeal. Notice of Appeal filed on 08/20/2021 by Defendants BNSF Railway Company, Donald Handy. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(CMH) |
| Filing 80 NOTICE OF APPEAL as to #78 Order of Dismissal (case - Stipulation of Dismissal), #77 Memorandum & Order by Defendants BNSF Railway Company, Donald Handy. Filing fee $ 505, receipt number AMOEDC-8829646. Modified on 8/26/2021 (CMH). |
| Filing 79 CLERK NOTE: 8/25/21 Phone call to attorney instructing counsel to refile Notice of Appeal under correct event. (CMH) NOTICE of Appeal: by Defendants BNSF Railway Company, Donald Handy re #78 Order of Dismissal (case - Stipulation of Dismissal), #77 Memorandum & Order (Mullican, George) Modified on 8/25/2021 (CMH). |
Filing 78
ORDER In accordance with the Memorandum and Order entered today, it is hereby ordered that this matter is DISMISSED without prejudice. Signed by District Judge Stephen N. Limbaugh, Jr on 7/21/2021. (KXS)
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Filing 77
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion to dismiss [#63 ] is GRANTED. Signed by District Judge Stephen N. Limbaugh, Jr on 7/21/2021. (KXS)
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| Filing 76 MOTION for Leave to Amend its Answer and CrossClaim by Defendant BNSF Railway Company, Cross Claimant BNSF Railway Company. (Attachments: #1 Exhibit 1 - Online traffic crash report, #2 Exhibit 2 - Proposed Amended Answer)(Hart, Robert) |
| Filing 75 SURREPLY to Motion re #63 MOTION to Dismiss Case Voluntarily Without Prejudice the Remaining Counts (I and III) of his Petition/Complaint filed by Defendant BNSF Railway Company, Cross Claimant BNSF Railway Company. (Lee, Allison) |
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Filing 74
Docket Text ORDER: Re: #72 MOTION for Leave to file Sur-Reply in Opposition to Motion for Voluntary Dismissal by Defendant BNSF Railway Company. (Lee, Allison) filed by BNSF Railway Company ; ORDERED GRANTING. Signed by District Judge Stephen N. Limbaugh, Jr on 05/25/2021. (CMH)
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| Filing 73 RESPONSE in Opposition re #72 MOTION for Leave to file Sur-Reply in Opposition to Motion for Voluntary Dismissal filed by Plaintiff Ricky Tillman, Jr. (Wolz, Kathleen) |
| Filing 72 MOTION for Leave to file Sur-Reply in Opposition to Motion for Voluntary Dismissal by Defendant BNSF Railway Company. (Lee, Allison) |
| Filing 71 REPLY to Response re #63 MOTION to Dismiss Case Voluntarily Without Prejudice the Remaining Counts (I and III) of his Petition/Complaint filed by Plaintiff Ricky Tillman, Jr. (Attachments: #1 Exhibit Kowalewski v. BNSF Railway Co., #2 Exhibit Spence v. BNSF - Order, #3 Exhibit Senate Bill No. 591, #4 Exhibit Petition for Wrongful Death, #5 Exhibit Plf's Response in Opposition, #6 Exhibit 82.210. Action for damages maintained, #7 Exhibit 79.480. Notice of action shall be given)(Wolz, Kathleen) Modified on 5/21/2021 (CSG). |
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Filing 70
Docket Text ORDER: Re: #69 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Ricky Tillman, Jr. (Wolz, Kathleen) filed by Ricky Tillman, Jr. ; ORDERED GRANTING. Signed by District Judge Stephen N. Limbaugh, Jr on 05/19/2021. (CMH)
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| Filing 69 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Ricky Tillman, Jr. (Wolz, Kathleen) |
| Filing 68 NOTICE of Change of Address filed by Allison Elizabeth Lee. (Lee, Allison) |
| Filing 67 RESPONSE in Opposition re #63 MOTION to Dismiss Case Voluntarily Without Prejudice the Remaining Counts (I and III) of his Petition/Complaint filed by Defendant BNSF Railway Company, Cross Claimant BNSF Railway Company. (Attachments: #1 Exhibit A - City's Motions to Dismiss, #2 Exhibit B - Policy Declarations, #3 Exhibit C - Mo. SB 591)(Lee, Allison) |
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Filing 66
Docket Text ORDER: Re: #65 MOTION for Leave to File in Excess of Page Limitation by Defendant BNSF Railway Company. (Mullican, George) filed by BNSF Railway Company ; ORDERED GRANTING. Signed by District Judge Stephen N. Limbaugh, Jr on 05/10/2021. (CMH)
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| Filing 65 MOTION for Leave to File in Excess of Page Limitation by Defendant BNSF Railway Company. (Mullican, George) |
| Filing 64 MEMORANDUM in Support of Motion re #63 MOTION to Dismiss Case Voluntarily Without Prejudice the Remaining Counts (I and III) of his Petition/Complaint filed by Plaintiff Ricky Tillman, Jr. (Attachments: #1 Exhibit Petition for Wrongful Death, #2 Exhibit Summons - Donald Handy, #3 Exhibit Summons - City of Hayti, #4 Exhibit Petition for Wrongful Death - City of Hayti, #5 Exhibit Summons - City of Hayti, #6 Exhibit Motion to Consolidate)(Glenn, Matthew) |
| Filing 63 MOTION to Dismiss Case Voluntarily Without Prejudice the Remaining Counts (I and III) of his Petition/Complaint by Plaintiff Ricky Tillman, Jr. (Glenn, Matthew) |
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Filing 62
Docket Text ORDER: granting #60 MOTION to Dismiss Voluntarily :Count II of Petition/Complaint by Plaintiff Ricky Tillman, Jr. (Glenn, Matthew) filed by Ricky Tillman, Jr... #20 MOTION to Dismiss :Count II of Plaintiff's Complaint is now MOOT. Signed by District Judge Stephen N. Limbaugh, Jr on 4/8/21. (MRS)
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| Filing 61 MEMORANDUM in Support of Motion re #60 MOTION to Dismiss Voluntarily :Count II of Petition/Complaint filed by Plaintiff Ricky Tillman, Jr. (Glenn, Matthew) |
| Filing 60 MOTION to Dismiss Voluntarily :Count II of Petition/Complaint by Plaintiff Ricky Tillman, Jr. (Glenn, Matthew) |
| Filing 59 ANSWER to #19 Crossclaim by Titusan Townsend.(Halderman, Daphne) Modified on 4/2/2021 (CSG). |
| Filing 58 ANSWER to Complaint by Titusan Townsend.(Halderman, Daphne) |
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Filing 57
MEMORANDUM AND ORDER re: #27 MOTION to Remand Case to State Court to Circuit Court of Pemiscot County filed by Titusan Townsend, #22 MOTION to Remand Case to State Court to Circuit Court of Pemiscot County, Missouri filed by Plaintiff Ricky Tillman, Jr.: IT IS HEREBY ORDERED that plaintiff's motion to remand (#22) is DENIED. IT IS FURTHER ORDERED that defendant Townsend's motion to remand (#27), which has since been withdrawn, is DENIED as moot. Signed by District Judge Stephen N. Limbaugh, Jr on 03/05/2021. (CMH)
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Filing 56
Docket Text ORDER: Re: #55 Consent MOTION for Extension of Time to File Answer re #6 Petition (Removal/Transfer) by Defendant Titusan Townsend. (Halderman, Daphne) filed by Titusan Townsend ; ORDERED GRANTING. Signed by District Judge Stephen N. Limbaugh, Jr on 11/9/20. (CMH)
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| Filing 55 Consent MOTION for Extension of Time to File Answer re #6 Petition (Removal/Transfer) by Defendant Titusan Townsend. (Halderman, Daphne) |
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Filing 54
Docket Text ORDER: Re: #29 MOTION for Extension of Time to File Response/Reply as to #19 Answer to Complaint, Crossclaim by Defendant Titusan Townsend, Cross Defendant Titusan Townsend. (Bley, Walter) filed by Titusan Townsend ; ORDERED GRANTED over objection by BNSF. Signed by District Judge Stephen N. Limbaugh, Jr on 10/15/20. (CMH)
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| Filing 53 Request for removal from service list by Wally Gley, former Defendant ad Litem for Defendant Titusan Townsend, Cross Defendant Titusan Townsend. (CMH) |
| Filing 52 SURREPLY to Motion re #22 MOTION to Remand Case to State Court to Circuit Court of Pemiscot County, Missouri filed by Defendant BNSF Railway Company. (Mullican, George) |
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Filing 51
Docket Text ORDER: Re: #50 MOTION for Leave to File a Sur-Reply in Opposition to Plaintiff's Motion to Remand (Doc. 22) by Defendant BNSF Railway Company. (Lee, Allison) filed by BNSF Railway Company ; ORDERED GRANTED. Signed by District Judge Stephen N. Limbaugh, Jr on 10/7/20. (MRS)
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| Filing 50 MOTION for Leave to File a Sur-Reply in Opposition to Plaintiff's Motion to Remand (Doc. 22) by Defendant BNSF Railway Company. (Lee, Allison) |
| Filing 49 REPLY to Response to Motion re #27 MOTION to Remand Case to State Court to Circuit Court of Pemiscot County, #22 MOTION to Remand Case to State Court to Circuit Court of Pemiscot County, Missouri filed by Plaintiff Ricky Tillman, Jr. (Wolz, Kathleen) |
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Filing 48
Docket Text ORDER: Re: #25 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss :Count II of Plaintiff's Complaint (Doc. No. 06) by Plaintiff Ricky Tillman, Jr. (Wolz, Kathleen) filed by Ricky Tillman, Jr. ; ORDERED GRANTING. Signed by District Judge Stephen N. Limbaugh, Jr on 10/02/20. (CMH)
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| Filing 47 RESPONSE in Opposition re #27 MOTION to Remand Case to State Court to Circuit Court of Pemiscot County filed by Defendant BNSF Railway Company. (Lee, Allison) |
| Filing 46 RESPONSE in Opposition re #22 MOTION to Remand Case to State Court to Circuit Court of Pemiscot County, Missouri filed by Defendant BNSF Railway Company. (Mullican, George) |
| Filing 45 NOTICE Consent to Federal Jurisdiction and Withdrawal of Motion to Remand: by Defendant Titusan Townsend (Halderman, Daphne) |
| Filing 44 ENTRY of Appearance by Daphne R. Halderman for Defendant Titusan Townsend. (Halderman, Daphne) |
| Filing 43 ENTRY of Appearance by Clinton Turley for Defendant Titusan Townsend. (Turley, Clinton) |
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Filing 42
Docket Text ORDER: Re: #39 MOTION for Leave to File in Excess of Page Limitation by Defendant BNSF Railway Company. (Lee, Allison) filed by BNSF Railway Company ; ORDERED GRANTING. Signed by District Judge Stephen N. Limbaugh, Jr on 09/24/20. (CMH)
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Filing 41
ORDER SUBSTITUTING JOSEPH HOFFMAN AS DEFENDANT AD LITEM re #36 MOTION to Appoint Defendant ad Litem Application for Substitution of Defendant Ad Litem filed by Titusan Townsend. Upon application of Defendant ad Litem Wally Bley, and for good cause shown, it is hereby ORDERED, ADJUDGED and DECREED that Wally Bley, shall be, and he is hereby, removed as the Defendant ad Litem and Joseph Hoffman substituted and appointed as Defendant ad Litem on behalf of deceased defendant Titusan Townsend, in the captioned matter, pursuant to 537.021.1(2) RSMo. Signed by District Judge Stephen N. Limbaugh, Jr on 09/24/20. (CMH)
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| Filing 40 REPLY to Response to Motion re #25 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss :Count II of Plaintiff's Complaint (Doc. No. 06) filed by Plaintiff Ricky Tillman, Jr. (Wolz, Kathleen) |
| Filing 39 MOTION for Leave to File in Excess of Page Limitation by Defendant BNSF Railway Company. (Lee, Allison) |
| Filing 38 CONSENT to Act as Defendant Ad Litem by Defendant Titusan Townsend.. (Halderman, Daphne) |
| Filing 37 Consent to Removal by Defendant Titusan Townsend. (Halderman, Daphne) |
| Filing 36 MOTION to Appoint Defendant ad Litem Application for Substitution of Defendant Ad Litem by Defendant Titusan Townsend. (Halderman, Daphne) |
| Filing 35 RESPONSE in Opposition re #29 MOTION for Extension of Time to File Response/Reply as to #19 Answer to Complaint, Crossclaim filed by Defendant BNSF Railway Company. (Lee, Allison) |
| Filing 34 RESPONSE in Opposition re #25 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss :Count II of Plaintiff's Complaint (Doc. No. 06) filed by Defendant BNSF Railway Company. (Lee, Allison) |
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Filing 33
Docket Text ORDER: Re: #32 MOTION for Leave to Appear Pro Hac Vice Robert D. Hart. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8142652) by Defendant BNSF Railway Company. (Attachments: # 1 Certificate of Good Standing Oklahoma Certificate of good standing)(Hart, Robert) filed by BNSF Railway Company, #31 MOTION for Leave to Appear Pro Hac Vice George R. Mullican. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8142564) by Defendant BNSF Railway Company. (Attachments: # 1 Certificate of Good Standing Oklahoma Certificate of good standing)(Mullican, George) filed by BNSF Railway Company ; ORDERED GRANTING. Signed by District Judge Stephen N. Limbaugh, Jr on 09/15/20. (CMH)
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| Filing 32 MOTION for Leave to Appear Pro Hac Vice Robert D. Hart. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8142652) by Defendant BNSF Railway Company. (Attachments: #1 Certificate of Good Standing Oklahoma Certificate of good standing)(Hart, Robert) |
| Filing 31 MOTION for Leave to Appear Pro Hac Vice George R. Mullican. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8142564) by Defendant BNSF Railway Company. (Attachments: #1 Certificate of Good Standing Oklahoma Certificate of good standing)(Mullican, George) |
| Filing 30 MEMORANDUM in Support of Motion re #29 MOTION for Extension of Time to File Response/Reply as to #19 Answer to Complaint, Crossclaim filed by Defendant Titusan Townsend, Cross Defendant Titusan Townsend. (Bley, Walter) |
| Filing 29 MOTION for Extension of Time to File Response/Reply as to #19 Answer to Complaint, Crossclaim by Defendant Titusan Townsend, Cross Defendant Titusan Townsend. (Bley, Walter) |
| Filing 28 MEMORANDUM in Support of Motion re #27 MOTION to Remand Case to State Court to Circuit Court of Pemiscot County filed by Defendant Titusan Townsend, Cross Defendant Titusan Townsend. (Bley, Walter) |
| Filing 27 MOTION to Remand Case to State Court to Circuit Court of Pemiscot County by Defendant Titusan Townsend, Cross Defendant Titusan Townsend. (Bley, Walter) |
| Filing 26 MEMORANDUM in Support of Motion re #25 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss :Count II of Plaintiff's Complaint (Doc. No. 06) filed by Plaintiff Ricky Tillman, Jr. (Wolz, Kathleen) |
| Filing 25 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss :Count II of Plaintiff's Complaint (Doc. No. 06) by Plaintiff Ricky Tillman, Jr. (Wolz, Kathleen) |
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Filing 24
Docket Text ORDER: Re: #16 MOTION for Leave to Appear Pro Hac Vice Wally Bley. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8136134) by Defendant Titusan Townsend. (Attachments: # 1 Certificate of Good Standing)(Bley, Walter) filed by Titusan Townsend ; ORDERED GRANTING. Signed by District Judge Stephen N. Limbaugh, Jr on 09/11/20. (CMH)
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| Filing 23 MEMORANDUM in Support of Motion re #22 MOTION to Remand Case to State Court to Circuit Court of Pemiscot County, Missouri filed by Plaintiff Ricky Tillman, Jr. (Attachments: #1 Exhibit Consent to Serve, #2 Exhibit Order Appointing Defendant Ad Litem, #3 Exhibit Docket Entries, #4 Exhibit Affidavit of Wally Bley, #5 Exhibit Memorandum and Order)(Ponder, J.) |
| Filing 22 MOTION to Remand Case to State Court to Circuit Court of Pemiscot County, Missouri by Plaintiff Ricky Tillman, Jr. (Ponder, J.) |
| Filing 21 MEMORANDUM in Support of Motion re #20 MOTION to Dismiss :Count II of Plaintiff's Complaint (Doc. No. 06) filed by Defendant BNSF Railway Company. (Lee, Allison) |
| Filing 20 MOTION to Dismiss :Count II of Plaintiff's Complaint (Doc. No. 06) by Defendant BNSF Railway Company. (Lee, Allison) |
| Filing 19 ANSWER to Complaint Affirmative Defenses, and, CROSSCLAIM against defendant Titusan Townsend by BNSF Railway Company.(Lee, Allison) |
| Filing 18 WAIVER OF SERVICE Returned Executed filed by Ricky Tillman, Jr Titusan Townsend waiver signed on 9/9/2020, answer due 11/9/2020. (Glenn, Matthew) |
| Filing 17 AFFIDAVIT by Defendant Titusan Townsend. (Bley, Walter) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Wally Bley. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-8136134) by Defendant Titusan Townsend. (Attachments: #1 Certificate of Good Standing)(Bley, Walter) |
| Filing 15 ENTRY of Appearance by Walter H. Bley, Jr for Defendant Titusan Townsend. (Bley, Walter) |
| ***REMARK: Court was contacted by attorney for plaintiff, summonses requested on 9/9/20 no longer need to be issued. (CSG) |
| Filing 14 SUPPLEMENTAL Summons to be issued to Handy by Plaintiff Ricky Tillman, Jr. (Glenn, Matthew) |
| Filing 13 SUPPLEMENTAL Summons to be issued to Townsend by Plaintiff Ricky Tillman, Jr. (Glenn, Matthew) |
| Filing 12 ENTRY of Appearance by J. Michael Ponder for Plaintiff Ricky Tillman, Jr. (Ponder, J.) |
| Filing 11 ENTRY of Appearance by Matthew Douglas Glenn for Plaintiff Ricky Tillman, Jr. (Glenn, Matthew) |
| Filing 10 ENTRY of Appearance by Kathleen A. Wolz for Plaintiff Ricky Tillman, Jr. (Wolz, Kathleen) |
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Filing 9
ORDER APPOINTING DEFENDANT AD LITEM; ORDER granting #7 Motion to Appoint Defendant ad Litem. Signed by District Judge Stephen N. Limbaugh, Jr on 08/24/20. (CMH) Modified on 8/24/2020 (CMH).
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| Filing 8 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant BNSF Railway Company Sent To: State Court - Executed (Lee, Allison) |
| Filing 7 MOTION to Appoint Defendant Ad Litem by Plaintiff Ricky Tillman, Jr. (Attachments: #1 Proposed Order Appointing Defendant Ad Litem)(CMH) |
| Filing 6 Petition (Removal/Transfer) Received From: Circuit Court, Pemiscot County, filed by Ricky Tillman, Jr.(CMH) |
| Filing 5 ENTRY of Appearance by Allison Elizabeth Lee for Defendant BNSF Railway Company. (Lee, Allison) |
| Filing 4 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant BNSF Railway Company. Parent companies: Berkshire Hathaway Inc., Subsidiaries: None, Publicly held company: Berkshire Hathaway Inc.,. (Brasher, William) |
| Filing 3 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant BNSF Railway Company Sent To: Plaintiff (Brasher, William) |
| Filing 2 ENTRY of Appearance by William A. Brasher for Defendant BNSF Railway Company. (Brasher, William) |
| Filing 1 NOTICE OF REMOVAL from Pemiscot County, Missouri, case number 20PE-CC00253, with receipt number AMOEDC-8092046, in the amount of $400 Jury Demand,, filed by BNSF Railway Company. (Attachments: #1 Exhibit A - State Court File, #2 Exhibit B - Complaint, #3 Exhibit C - Pending Motions, #4 Exhibit D - Original Filing Form, #5 Exhibit E - Civil Filing Sheet)(Brasher, William) |
| Case Opening Notification: Judge Assigned: U.S. District Judge Stephen N. Limbaugh Jr.. (CMH) |
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