The Cincinnati Insurance Company v. National Railroad Passenger Corporation et al
| The Cincinnati Insurance Company |
| National Railroad Passenger Corporation doing business as Amtrak, BNSF Railway Company, MS Contracting, LLC, Michael Sattman, Erin Barton, Tiffannie M. Kennedy, Wally Bley, Joseph Michael Hoffman, Mariano Rodriguez, Chariton County, Missouri, Janet Williams, David Williams, Brian Marra, Christopher Marzullo, Carilyn White, Anthony Bryant, Estevan Carreon, Jane Carreon, Matthew Campagna, Tami Lakey, Anna Lakey, Daniel Holsapple, David Towers, Angelika Salazar, Marion Stephens, Shaun Phan, Vui Nguyen, Ngoc Pham, Song Phan, Thi Phan, Bang Phan, Dung Pham, Ngoan Pham, Vy Pham, Thinh Mai, Thanh Le, Nick Cook, Tiffany Powers, Brent Powers, Brandon Beggs, Pauline Magin, William Magin, Allen Gallaway, Noel Lucero, Sherri Schwanz, Kimberly Howard, Iesha Coleman, Matthew Rafferty, Elias Sanchez, Selina Sanchez, Joe Martinez, Racheal Martinez, Jonathan Awe, Sarah Awe, Julian Boardman, Harrison Boardman, Amanda Boardman, Roberta Bunecicky, Francis Bunecicky, John and Jane Does 1 through 50, John and Jane Does 51-100, A.L., John and Jane Does 10 through 50, N.N., a minor, A.P., a minor, A.M., a minor, A.S., a minor, E.S., a minor, E.A., a minor, I.A., a minor, P.H., a minor, Jennifer Kleehamer, Beth Pettigrew, Adrienne Price, Mark Schmidt, Kylie Schmidt, Laura Smalec, Michael Smith and Ruth Sanborn |
| 2:2022cv00070 |
| September 29, 2022 |
| US District Court for the Eastern District of Missouri |
| John M Bodenhausen |
| Ronnie L White |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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Filing 113
ORDER OF REMAND: IT IS HEREBY ORDERED, ADJUDGED and DECREED that this matter is REMANDED to the Ninth Circuit Court in Chariton County, State of Missouri. Signed by District Judge Ronnie L. White on 11/14/2022. (KCD)
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Filing 112
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Defendants' Motions to Remand (ECF Nos. #57 , #64 , #69 , and #85 ) are GRANTED. This matter shall be remanded to the Ninth Circuit of Missouri in Chariton County, Missouri for further proceedings. Signed by District Judge Ronnie L. White on 11/14/2022. (KCD)
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| Filing 111 RESPONSE to Motion re #64 MOTION to Remand Case to State Court to Circuit Court of Chariton County, Missouri, #85 MOTION to Remand Case to State Court to 9th Judicial Circuit Court of Chariton County, Missouri, #57 MOTION to Remand Case to State Court to 9th Judicial Circuit Court of Chariton County, Missouri, #69 MOTION to Remand Case to State Court to Circuit Court of Chariton County filed by Defendant National Railroad Passenger Corporation. (Hamer, Sean) |
| Filing 110 ENTRY of Appearance by John J. Gates for Defendants MS Contracting, LLC, Michael Sattman. (Gates, John) (Main Document 110 replaced on 11/9/2022) (TMT). |
| Filing 109 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant MS Contracting, LLC, Michael E. Sattman and Abby D. Sattman, Trustees of the Michael E. Sattman and Abby D. Sattman Revocable Trust Agreement dated November 15, 2010, Citizens of Missouri. (Robinson, Burke) Modified on 11/21/2022 (CBL). |
| Filing 108 ENTRY of Appearance by Burke Robinson for Defendants MS Contracting, LLC, Michael Sattman. (Robinson, Burke) |
| Filing 107 ENTRY of Appearance by Michael J. Kuckelman for Defendants Brandon Beggs, Nick Cook, Pauline Magin, William Magin, Brent Powers, Tiffany Powers. (Kuckelman, Michael) |
| Filing 106 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Janet Williams waiver signed on 10/13/2022, answer due 12/12/2022. (Brown, Michael) Modified on 11/9/2022 (TMT). |
| Filing 105 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company David Williams waiver signed on 10/13/2022, answer due 12/12/2022. (Brown, Michael) Modified on 11/9/2022 (TMT). |
| Filing 104 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Laura Smalec waiver signed on 10/27/2022, answer due 12/26/2022. (Brown, Michael) Modified on 11/9/2022 (TMT). |
| Filing 103 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Michael Smith waiver signed on 10/27/2022, answer due 12/26/2022. (Brown, Michael) Modified on 11/9/2022 (TMT). |
| ***REMARK Re: #102 - The use of an attorney's electronic filing login and password to file a pleading, motion, memorandum or other document constitutes the signature of that attorney on that document for all purposes, including Fed.R.Civ.P. 11. (This document will be accepted by the Court, but for future filings please see Local Rule 11-2.11 located on the court website.) (TMT) |
| Filing 102 NOTICE by Plaintiff The Cincinnati Insurance Company re #44 Order, Next Friend Appointment (Attachments: #1 Exhibit)(Hammett, Ericka) |
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Filing 101
Docket Text ORDER: IT IS HEREBY ORDERED that Ericka Celeste Hammett's Verified Motion for Admission Pro Hac Vice (ECF No. 100) is GRANTED. Signed by District Judge Ronnie L. White on 11/7/22. (JEB)
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| Filing 100 MOTION for Leave to Appear Pro Hac Vice Ericka C. Hammett. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9608567) by Plaintiff The Cincinnati Insurance Company. (Attachments: #1 Attachment)(Hammett, Ericka) |
| Filing 99 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company P.H., a minor waiver signed on 10/27/2022, answer due 12/26/2022. (Brown, Michael) Modified on 11/9/2022 (TMT). |
| Filing 98 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Jennifer Kleehamer waiver signed on 10/27/2022, answer due 12/26/2022. (Brown, Michael) Modified on 11/9/2022 (TMT). |
| Filing 97 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Beth Pettigrew waiver signed on 10/27/2022, answer due 12/26/2022. (Brown, Michael) Modified on 11/9/2022 (TMT). |
| Filing 96 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Adrienne Price waiver signed on 10/27/2022, answer due 12/26/2022. (Brown, Michael) Modified on 11/9/2022 (TMT). |
| Filing 95 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Kylie Schmidt waiver signed on 10/27/2022, answer due 12/26/2022. (Brown, Michael) Modified on 11/9/2022 (TMT). |
| Filing 94 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Mark Schmidt waiver signed on 10/27/2022, answer due 12/26/2022. (Brown, Michael) Modified on 11/9/2022 (TMT). |
| Filing 93 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company N.N., a minor waiver signed on 10/25/2022, answer due 12/24/2022. (Brown, Michael) Modified on 11/9/2022 (TMT). |
| Filing 92 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company I.A., a minor waiver signed on 10/25/2022, answer due 12/24/2022. (Brown, Michael) Modified on 11/9/2022 (TMT). |
| Filing 91 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company E.A., a minor waiver signed on 10/25/2022, answer due 12/24/2022. (Brown, Michael) Modified on 11/9/2022 (TMT). |
| Filing 90 ENTRY of Appearance by Stephen J. Torline for Defendants Brandon Beggs, Nick Cook, Pauline Magin, William Magin, Brent Powers, Tiffany Powers. (Torline, Stephen) |
| Filing 89 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company National Railroad Passenger Corporation waiver signed on 10/31/2022, answer due 12/30/2022. (Brown, Michael) |
| Filing 88 MEMORANDUM in Support of Motion re #57 MOTION to Remand Case to State Court to 9th Judicial Circuit Court of Chariton County, Missouri filed by Defendants Jonathan Awe, Sarah Awe, Amanda Boardman, Harrison Boardman, Julian Boardman, Francis Bunecicky, Roberta Bunecicky, E.A., a minor, Daniel Holsapple, I.A., a minor, N.N., a minor, Angelika Salazar, David Towers. (Davis, Grant) |
| Filing 87 ENTRY of Appearance by Nathan L Karlin for Defendants Brandon Beggs, Nick Cook, Pauline Magin, William Magin, Brent Powers, Tiffany Powers. (Karlin, Nathan) |
| Filing 86 Electronic Notice re: Disclosure of Organizational Interests Certificate to Defendant MS Contracting, LLC. Pursuant to Local Rule 2.09, every non-governmental organizational party must file a Disclosure of Organizational Interests Certificate within ten (10) days of the party's first pleading or entry of appearance. Please complete and file the certificate as soon as possible # (moed-0001.pdf). (Disclosure of Organizational Interests Certificate due by 11/10/2022.) (TMT) |
| ***REMARK Re: #56 - Pursuant to Local Rule 2.17 (FRCP 5.2), parties shall refrain from including the names of minor children (only the initials of minor children may be listed in the filing) from all documents filed with the Court, including exhibits to such filings, unless otherwise ordered by the Court. (See Local Rule 2.17 located on the court website.) (TMT) |
| ***REMARK Re: 61 - The use of an attorney's electronic filing login and password to file a pleading, motion, memorandum or other document constitutes the signature of that attorney on that document for all purposes, including Fed.R.Civ.P. 11. (This document will not be accepted by the Court. Please see Local Rule 11-2.11 located on the court website.) (TMT) |
| ***REMARK Re: 62 and 63 - The use of an attorney's electronic filing login and password to file a pleading, motion, memorandum or other document constitutes the signature of that attorney on that document for all purposes, including Fed.R.Civ.P. 11. (This document will not be accepted by the Court. Please see Local Rule 11-2.11 located on the court website.) (TMT) |
| Filing 85 MOTION to Remand Case to State Court to 9th Judicial Circuit Court of Chariton County, Missouri by Defendants A.M., a minor, A.M., a minor, A.P., a minor, Thinh Mai, Vui Nguyen, Dung Pham, Ngoan Pham, Ngoc Pham, Vy Pham, Bang Phan, Shaun Phan, Song Phan, Thi Phan. (Wendt, Samuel) |
| Filing 84 WAIVER OF SERVICE Returned Executed as to Vy Pham filed by Vy Pham. Waiver signed on 10/13/2022, answer due 12/12/2022. (Wendt, Samuel) Modified on 10/31/2022 (TMT). |
| Filing 83 WAIVER OF SERVICE Returned Executed as to Vui Nguyen filed by Vui Nguyen. Waiver signed on 10/13/2022, answer due 12/12/2022. (Wendt, Samuel) Modified on 10/31/2022 (TMT). |
| Filing 82 WAIVER OF SERVICE Returned Executed as to Thinh Mai filed by Thinh Mai. Waiver signed on 10/13/2022, answer due 12/12/2022. (Wendt, Samuel) Modified on 10/31/2022 (TMT). |
| Filing 81 WAIVER OF SERVICE Returned Executed as to Thinh Mai, as Next Friend of A.M., a minor, filed by A.M., a minor (by and through Next Friend Thinh Mai). Waiver signed on 10/13/2022, answer due 12/12/2022. (Attachments: #1 Exhibit Ex A - Order Appointing Thinh Mai as Next friend for AM)(Wendt, Samuel) Modified on 10/31/2022 (TMT). |
| Filing 80 WAIVER OF SERVICE Returned Executed as to Thinh Mai, as Nect Fried of A.M., a minor, filed by A.M., a minor (by and through Next Friend, Thinh Mai). Waiver signed on 10/13/2022, answer due 12/12/2022. (Attachments: #1 Exhibit Ex A - Order Appointing Thinh Mai as Next friend for AM)(Wendt, Samuel) Modified on 10/31/2022 (TMT). |
| Filing 79 WAIVER OF SERVICE Returned Executed as to Thi Phan filed by Thi Phan. Waiver signed on 10/13/2022, answer due 12/12/2022. (Wendt, Samuel) Modified on 10/31/2022 (TMT). |
| Filing 78 WAIVER OF SERVICE Returned Executed as to Thanh Le filed by Thanh Le. Waiver signed on 10/13/2022, answer due 12/12/2022. (Wendt, Samuel) Modified on 10/31/2022 (TMT). |
| Filing 77 WAIVER OF SERVICE Returned Executed as to Song Phan filed by Song Phan. Waiver signed on 10/13/2022, answer due 12/12/2022. (Wendt, Samuel) Modified on 10/31/2022 (TMT). |
| Filing 76 WAIVER OF SERVICE Returned Executed as to Shaun Phan filed by Shaun Phan. Waiver signed on 10/13/2022, answer due 12/12/2022. (Wendt, Samuel) Modified on 10/31/2022 (TMT). |
| Filing 75 WAIVER OF SERVICE Returned Executed as to Shaun Phan, as Next Friend to A.P., a minor, filed by A.P., a minor. Waiver signed on 10/13/2022, answer due 12/12/2022. (Attachments: #1 Exhibit Ex A - Order Appointing Shaun Phan as Next Friend of Minor AP)(Wendt, Samuel) Modified on 10/31/2022 (TMT). |
| Filing 74 WAIVER OF SERVICE Returned Executed as to Ngoc Pham filed by Ngoc Pham. Waiver signed on 10/13/2022, answer due 12/12/2022. (Wendt, Samuel) Modified on 10/31/2022 (TMT). |
| Filing 73 DOCUMENT REMOVED FOR FILING ERROR AS DUPLICATE; SEE #72 - WAIVER OF SERVICE Returned Executed filed by Ngoan Pham (Wendt, Samuel) Modified on 10/31/2022 (TMT). |
| Filing 72 WAIVER OF SERVICE Returned Executed as to Ngoan Pham filed by Ngoan Pham. Waiver signed on 10/13/2022, answer due 12/12/2022. (Wendt, Samuel) Modified on 10/31/2022 (TMT). |
| Filing 71 MEMORANDUM in Support of Motion re #69 MOTION to Remand Case to State Court to Circuit Court of Chariton County filed by Defendants A.L., Matthew Campagna, Estevan Carreon, Jane Carreon, Allen Gallaway, Kimberly Howard, Tami Lakey, Noel Lucero, Brian Marra, Christopher Marzullo, Sherri Schwanz. (Jones, Jonathan) |
| Filing 70 WAIVER OF SERVICE Returned Executed as to Dung Pham filed by Dung Pham. Waiver signed on 10/13/2022, answer due 12/12/2022 (Wendt, Samuel) Modified on 10/31/2022 (TMT). |
| Filing 69 MOTION to Remand Case to State Court to Circuit Court of Chariton County by Defendants A.L., Matthew Campagna, Estevan Carreon, Jane Carreon, Allen Gallaway, Kimberly Howard, Tami Lakey, Noel Lucero, Brian Marra, Christopher Marzullo, Sherri Schwanz. (Jones, Jonathan) |
| Filing 68 WAIVER OF SERVICE Returned Executed filed by Bang Phan The Cincinnati Insurance Company waiver signed on 10/13/2022, answer due 12/12/2022. (Wendt, Samuel) |
| Filing 67 ENTRY of Appearance by Jonathan Samuel Jones for Defendants A.L., Matthew Campagna, Estevan Carreon, Jane Carreon, Allen Gallaway, Kimberly Howard, Tami Lakey, Noel Lucero, Brian Marra, Christopher Marzullo, Sherri Schwanz. (Jones, Jonathan) |
| Filing 66 ENTRY of Appearance by Samuel M. Wendt for Defendants A.M., a minor, A.M., a minor, A.P., a minor, Thanh Le, Thinh Mai, Vui Nguyen, Dung Pham, Ngoan Pham, Ngoc Pham, Vy Pham, Bang Phan, Shaun Phan, Song Phan, Thi Phan. (Attachments: #1 Exhibit Ex A - Next Friend Documentation for Shaun Phan, #2 Exhibit Ex B - Next Friend Documentation for Thinh Mai)(Wendt, Samuel) |
| Filing 65 MEMORANDUM in Support of Motion re #64 MOTION to Remand Case to State Court to Circuit Court of Chariton County, Missouri filed by Defendants Brandon Beggs, Nick Cook, Pauline Magin, William Magin, Brent Powers, Tiffany Powers. (Attachments: #1 Waiver of Service Exhibit 1 Waivers of Service, #2 Exhibit Exhibit 2 First Amended Petition)(Friesen, Benjamin) |
| Filing 64 MOTION to Remand Case to State Court to Circuit Court of Chariton County, Missouri by Defendants Brandon Beggs, Nick Cook, Pauline Magin, William Magin, Brent Powers, Tiffany Powers. (Friesen, Benjamin) |
| Filing 63 DOCUMENT REMOVED FOR FILING ERROR; SEE REMARK ENTERED 10/31/2022 RE 62 AND 63 - ENTRY of Appearance by Benjamin Tyler Friesen for Defendants Brandon Beggs, Nick Cook, Pauline Magin, William Magin, Brent Powers, Tiffany Powers. (Friesen, Benjamin) Modified on 10/31/2022 (TMT). |
| Filing 62 DOCUMENT REMOVED FOR FILING ERROR; SEE REMARK ENTERED 10/31/2022 RE 62 AND 63 - ENTRY of Appearance by Benjamin Tyler Friesen for Defendants Brandon Beggs, Nick Cook, Pauline Magin, William Magin, Brent Powers, Tiffany Powers. (Friesen, Benjamin) Modified on 10/31/2022 (TMT). |
| Filing 61 DOCUMENT REMOVED FOR FILING ERROR; SEE REMARK ENTERED 10/31/2022 RE 61 - ENTRY of Appearance by Benjamin Tyler Friesen for Defendants Brandon Beggs, Nick Cook, Pauline Magin, William Magin, Brent Powers, Tiffany Powers. (Friesen, Benjamin) Modified on 10/31/2022 (TMT). |
| Filing 60 ENTRY of Appearance by Benjamin Tyler Friesen for Defendants Brandon Beggs, Nick Cook, Pauline Magin, William Magin, Brent Powers, Tiffany Powers. (Friesen, Benjamin) |
| Filing 59 MEMORANDUM re Correspondence Regarding Service of Process of #58 by Plaintiff The Cincinnati Insurance Company. (Brown, Michael) Modified on 10/31/2022 (TMT). |
| Filing 58 SECOND AMENDED Interpleader Petition against defendant A.L., Jonathan Awe, Sarah Awe, BNSF Railway Company, Brandon Beggs, Amanda Boardman, Harrison Boardman, Julian Boardman, Anthony Bryant, Francis Bunecicky, Roberta Bunecicky, Matthew Campagna, Estevan Carreon, Jane Carreon, Chariton County, Missouri, Iesha Coleman, Nick Cook, John and Jane Does 51-100, Allen Gallaway, Joseph Michael Hoffman, Daniel Holsapple, Kimberly Howard, John and Jane Does 10 through 50, Tiffannie M. Kennedy, Tami Lakey, Thanh Le, Noel Lucero, MS Contracting, LLC, Pauline Magin, William Magin, Thinh Mai, Brian Marra, Joe Martinez, Racheal Martinez, Christopher Marzullo, National Railroad Passenger Corporation, Vui Nguyen, Dung Pham, Ngoan Pham, Ngoc Pham, Vy Pham, Bang Phan, Shaun Phan, Song Phan, Thi Phan, Brent Powers, Tiffany Powers, Matthew Rafferty, Mariano Rodriguez, Angelika Salazar, Elias Sanchez, Selina Sanchez, Michael Sattman, Sherri Schwanz, Marion Stephens, David Towers, Carilyn White, David Williams, Janet Williams, N.N., a minor, A.P., a minor, A.M., a minor, A.M., a minor, A.S., a minor, E.S., a minor, E.A., a minor, I.A., a minor, P.H., a minor, Jennifer Kleehamer, Beth Pettigrew, Adrienne Price, Mark Schmidt, Kylie Schmidt, Laura Smalec, Michael Smith, Ruth Sanborn Amendment to #1 Notice of Removal Petition,, 36 Amended Complaint, Second Amended Interpleader Petition, filed by The Cincinnati Insurance Company. Related document: #1 Notice of Removal Petition, filed by National Railroad Passenger Corporation, 36 Amended Complaint filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit Policy, #2 Exhibit Complaint)(Brown, Michael) (Main Document 58 replaced on 10/31/2022) (TMT). Modified on 10/31/2022 (TMT). |
| Filing 57 MOTION to Remand Case to State Court to 9th Judicial Circuit Court of Chariton County, Missouri by Defendants Jonathan Awe, Sarah Awe, Amanda Boardman, Harrison Boardman, Julian Boardman, Francis Bunecicky, Roberta Bunecicky, Daniel Holsapple, Angelika Salazar, David Towers. (Davis, Grant) |
| Filing 56 NOTICE of Appointment of Next Friends by Defendants Jonathan Awe, Sarah Awe, Angelika Salazar (Attachments: #1 Exhibit Exh. 1 - Order of Appointment (N.N.), #2 Exhibit Exh. 2 - Order of Appointment (E.A.), #3 Exhibit Exh. 3 - Order of Appointment (I.A.))(Davis, Grant) Modified on 10/31/2022 (TMT). |
| Filing 55 WAIVER OF SERVICE Returned Executed as to A. L., a minor, filed by The Cincinnati Insurance Company. Waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) Modified on 10/31/2022 (TMT). Modified on 10/31/2022 (TMT). |
| Filing 54 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Tami Lakey waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 53 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Sherri Schwanz waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 52 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Noel Lucero waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 51 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Matthew Campagna waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 50 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Kimberly Howard waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 49 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Jane Carreon waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 48 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Estevan Carreon waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 47 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Christopher Marzullo waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 46 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Brian Marra waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 45 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Allen Gallaway waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
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Filing 44
ORDER: IT IS HEREBY ORDERED that the parties shall file motions for appointment of next friend or file documents demonstrating the Salazar, Phan, Mai, Sanchez, Awe, and Hoover were appointed as next friends in another court no later than Monday, November 7, 2022, or this Court will impose sanctions, including possible dismissal of the minor defendants, or striking of pleadings. Signed by District Judge Ronnie L. White on 10/28/2022. (TMT)
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| Filing 43 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company William Magin waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 42 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Pauline Magin waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 41 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Brent Powers waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 40 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Tiffany Powers waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 39 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Nick Cook waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 38 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Brandon Beggs waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 37 ENTRY of Appearance by Grant L. Davis for Defendants Jonathan Awe, Sarah Awe, Amanda Boardman, Harrison Boardman, Julian Boardman, Francis Bunecicky, Roberta Bunecicky, Daniel Holsapple, Angelika Salazar, David Towers. (Davis, Grant) |
| Filing 34 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Angelika Salazar waiver signed on 10/25/2022, answer due 12/27/2022. (Brown, Michael) |
| Filing 33 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company David Towers waiver signed on 10/25/2022, answer due 12/27/2022. (Brown, Michael) |
| Filing 32 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Daniel Holsapple waiver signed on 10/25/2022, answer due 12/27/2022. (Brown, Michael) |
| Filing 31 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Roberta Bunecicky waiver signed on 10/25/2022, answer due 12/27/2022. (Brown, Michael) |
| Filing 30 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Francis Bunecicky waiver signed on 10/25/2022, answer due 12/27/2022. (Brown, Michael) |
| Filing 29 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Amanda Boardman waiver signed on 10/25/2022, answer due 12/27/2022. (Brown, Michael) |
| Filing 28 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Harrison Boardman waiver signed on 10/25/2022, answer due 12/27/2022. (Brown, Michael) |
| Filing 27 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Julian Boardman waiver signed on 10/25/2022, answer due 12/27/2022. (Brown, Michael) |
| Filing 26 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Sarah Awe waiver signed on 10/25/2022, answer due 12/27/2022. (Brown, Michael) |
| Filing 23 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Jonathan Awe waiver signed on 10/25/2022, answer due 12/27/2022. (Brown, Michael) |
| Filing 22 Amended Notice of Removal by Defendant National Railroad Passenger Corporation. Amendment to #1 Notice of Removal Petition,, . (Hamer, Sean) Modified on 10/21/2022 (KCD). |
| Filing 21 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Michael Sattman waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 20 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company MS Contracting, LLC waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) Modified on 11/1/2022 (CBL). |
| Filing 19 ENTRY of Appearance by Alex A. McKenna for Defendants BNSF Railway Company, National Railroad Passenger Corporation. (McKenna, Alex) |
| Filing 18 ENTRY of Appearance by Kelly Elizabeth Lynch Murphy for Defendants BNSF Railway Company, National Railroad Passenger Corporation. (Murphy, Kelly) |
| Filing 17 ENTRY of Appearance by Paula L. Brown for Defendants BNSF Railway Company, National Railroad Passenger Corporation. (Brown, Paula) |
| Filing 16 ENTRY of Appearance by Scott R. Ast for Defendants BNSF Railway Company, National Railroad Passenger Corporation. (Ast, Scott) |
| Filing 15 ENTRY of Appearance by Sean P. Hamer for Defendants BNSF Railway Company, National Railroad Passenger Corporation. (Hamer, Sean) |
| Filing 14 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants BNSF Railway Company, Burlington Northern Santa Fe LLC, National Indemnity Company, Berkshire Hathaway, Inc... (Hamer, Sean) |
| Filing 13 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company BNSF Railway Company waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Mariano Rodriguez waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 11 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiffs The Cincinnati Insurance Company, Cincinnati Financial Corporation, The Vanguard Group, Inc. (Brown, Michael) Modified on 10/19/2022 (CBL). |
| Filing 10 Electronic Notice re: Disclosure of Organizational Interests Certificate to Defendants BNSF Railway Company, MS Contracting, LLC, Plaintiff The Cincinnati Insurance Company. Pursuant to Local Rule 2.09, every non-governmental organizational party must file a Disclosure of Organizational Interests Certificate within ten (10) days of the party's first pleading or entry of appearance. Please complete and file the certificate as soon as possible # (moed-0001.pdf). (Disclosure of Organizational Interests Certificate due by 10/28/2022.) (TMT) |
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Filing 9
ORDER CONCERNING JURISDICTION: IT IS HEREBY ORDERED that by October 24, 2022, Amtrak shall file an amended notice of removal that alleges facts establishing the citizenship of all parties to this action. Signed by District Judge Ronnie L. White on 10/17/2022. (KCD) (Main Document 9 replaced on 10/18/2022) (TMT).
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| Filing 8 WAIVER OF SERVICE Returned Executed filed by The Cincinnati Insurance Company Carilyn White waiver signed on 10/12/2022, answer due 12/12/2022. (Brown, Michael) |
| Filing 7 CJRA ORDER (GJL): IT IS HEREBY ORDERED that the above styled cause is randomly reassigned from Magistrate Judge John M. Bodenhausen to District Judge Ronnie L. White. (Magistrate Judge John M. Bodenhausen termed. Case reassigned to District Judge Ronnie L. White for all further proceedings) (ANP) |
| Filing 6 NOTICE Entry of Appearance: by Plaintiff The Cincinnati Insurance Company (Pullin, Timothy) |
| Filing 5 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob) |
| Filing 4 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants National Railroad Passenger Corporation, American Premier Underwriters, Inc., BNSF Railway Company, Canadian Pacific Railway, Canadian National Railway Company, United States Department of Transportation.. (Hamer, Sean) |
| Filing 3 Petition (Removal/Transfer) Received From: Circuit Court of Chariton County, Missouri, filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit Policy Information, #2 Exhibit Complaint)(JDC) [CLERKS NOTE: STATE COURT PLEADINGS- SEALED PURSUANT TO LR 2.17 BECAUSE IT HAS THE FULL NAME OF A MINOR] Modified on 9/29/2022 (JDC). |
| Filing 2 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant National Railroad Passenger Corp. a/k/a Amtrak Sent To: Plaintiff (Hamer, Sean) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Chariton County, MO, case number 22CH-CC00036, with receipt number AMOEDC-9533261, in the amount of $402 Non-Jury Demand,, filed by National Railroad Passenger Corp. a/k/a Amtrak. (Attachments: #1 Exhibit State Court Pleadings, #2 Civil Cover Sheet Civil Cover Sheet, #3 Original Filing Form Original Filing Form)(Hamer, Sean) [CLERKS NOTE: ATTACHMENT NUMBER 1 - STATE COURT PLEADINGS- SEALED PURSUANT TO LR 2.17 BECAUSE IT HAS THE FULL NAME OF A MINOR] Modified on 9/29/2022 (JDC). |
| Case Opening Notification. Judge Assigned: Honorable John M. Bodenhausen. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file a Disclosure of Organizational Interests Certificate within 10 days of the filing of the first pleading or entry of appearance # (moed-0001.pdf). (JDC) |
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