Cowden v. BNSF Railway Company
Plaintiff: Kevin D Cowden
Defendant: BNSF Railway Company
Case Number: 4:2008cv01534
Filed: October 6, 2008
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Louis - County
Presiding Judge: Charles A. Shaw
Presiding Judge:
Nature of Suit: Federal Employer's Liability
Cause of Action: 45 U.S.C. ยง 51 Railways: Fed. Employer's Liability Act
Jury Demanded By: Both
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Date Filed Document Text
July 7, 2014 Opinion or Order Filing 289 MEMORANDUM AND ORDER re: 271 MOTION for Leave to FILE MOTION FOR AN ORDER SHOWING SATISFACTION OF JUDGMENT filed by Defendant BNSF Railway Company. IT IS HEREBY ORDERED that Defendant BNSF Railway Company's Motion for an Order Showing Satisfaction of Judgment 271 is DENIED. IT IS FURTHER ORDERED that the stay on the Writ of Garnishment is LIFTED. Signed by District Judge E. Richard Webber on July 7, 2014. (MCB)
April 29, 2014 Opinion or Order Filing 286 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Plaintiff Kevin Cowden's Motion to Strike Reply Exhibits and Alternative Motion for Leave to File Surreply [ECF No. 284 ] is GRANTED, in part, and DENIED, in part. The Co urt will not strike the exhibits from Defendant's Reply, but the Court accepts Plaintiffs proffered Surreply, which the Court will consider in adjudicating the pending Motion for an Order Showing Satisfaction of Judgment [ECF No. 271 ]. Signed by District Judge E. Richard Webber on 04/29/2014. (CBL)
March 12, 2014 Opinion or Order Filing 277 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant BNSF Railway Company's Verified Motion to Quash or Stay Execution of Writ of Garnishment [ECF No. 275] is GRANTED. IT IS FURTHER ORDERED that the Writ of Garnishment is STAYED pending disposition of Defendant BNSF Railway Company's Motion for an Order Showing Satisfaction of Judgment [ECF No. 271]. Signed by District Judge E. Richard Webber on March 12, 2014. (MCB)
January 7, 2014 Opinion or Order Filing 265 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant BNSF's Motion for Judgment as a Matter of Law, or in the Alternative, for New Trial [ECF No 253 ] is DENIED. Signed by District Judge E. Richard Webber on 01/07/2014. (CBL)
January 3, 2014 Opinion or Order Filing 263 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff Kevin D. Cowden's Motion for Bill of Costs [ECF No. 252 ] is GRANTED, in part, and DENIED, in part. Plaintiff shall recover a total of $7,870.65, representing (1) $350.00 i n fees of the Clerk, (2) $3,145.93 in fees of the Court Reporter for transcripts used in the case, (3) $2,540.97 in fees for witnesses, and (4) $1,833.75 in fees for exemplification and copies of papers, including video editing of de positions played at trial. The Clerk of Court shall tax costs in favor of Plaintiff Kevin D. Cowden, and against Defendant BNSF Railway Company, in the amount of $7,870.65. Signed by District Judge E. Richard Webber on January 3, 2014. (BRP)
October 30, 2013 Opinion or Order Filing 220 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion in Limine [ECF No. 180 ] is GRANTED, in part, DENIED, in part and HELD IN ABEYANCE, in part, as set forth above. IT IS FURTHER ORDERED that Defendant's Motion in Limine to Extend the Rulings as to Alan Blackwell to All Witnesses [ECF No. 181 ] is GRANTED, in part and HELD IN ABEYANCE, in part. The Court will not permit any witness to offer legal conclusions, but the Court holds in abeyance the issue of subsequen t remedial measures. IT IS FURTHER ORDERED that Defendant's Motion in Limine to Exclude the Supervisor's Report of BNSF Employee Injury/Illness [ECF No. 182 ] is GRANTED. IT IS FURTHER ORDERED that Defendant's Motion in Limine Regard ing Kenny Scammell and Greg Willard and Their Declarations [ECF No. 183 ] is GRANTED, in part, DENIED, in part and HELD IN ABEYANCE, in part, as set forth above. IT IS FURTHER ORDERED that Defendant's Motion in Limine to Exclude the Testimon y of Joseph Thornburg Relating to the January, 2003 Safety Meeting and Associated Minutes [ECF No. 185 ] is GRANTED. IT IS FURTHER ORDERED that Defendant's Motion in Limine to Bar Expert Testimony of Rebecca M. Summary [ECF No. 186 ] is DENIE D. IT IS FURTHER ORDERED that Defendant's Motion in Limine to Bar the Causation Testimony of Dr. Schoedinger [ECF No. 188 ] is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motions in Limine [ECF No. 198 ] is GRANTED, in part, DENIED, in part and HELD IN ABEYANCE, in part, as set forth above. Signed by District Judge E. Richard Webber on October 30, 2013. (BRP)
September 30, 2013 Opinion or Order Filing 154 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant BNSF Railway Company's Motion for Summary Judgment [ECF No. 120 ] is DENIED. Signed by District Judge E. Richard Webber on 09/30/2013. (CBL)
August 20, 2013 Opinion or Order Filing 142 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant's Supplement to Its Motion to Compel Regarding Alan Blackwell's Earnings as an Expert Witness [ECF No. 131 ] is GRANTED, in part, as to Defendant's re quest that the Court verify Blackwell received no additional, undisclosed benefits for his services as an expert witness, and DENIED, in part, as to Defendant's request to compel disclosure of Alan Blackwell's and Blackwell Consulting, Inc.'s tax returns. Signed by District Judge E. Richard Webber on 08/20/2013. (CBL)
March 26, 2013 Opinion or Order Filing 102 MEMORANDUM AND ORDER re: 96 MOTION for Leave to File First Amended Complaint filed by Plaintiff Kevin D Cowden. Motion is GRANTED. IT IS FURTHER ORDERED that a Second Amended Case Management Order shall issue forthwith. Signed by District Judge E. Richard Webber on March 26, 2013. (MCB)
September 7, 2010 Opinion or Order Filing 58 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Defendant BNSF Railway Company's Motion for Summary Judgment [doc. # 30 ] is GRANTED. Signed by Honorable E. Richard Webber on 9/7/10. (KLH)
August 19, 2010 Opinion or Order Filing 56 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Defendant's Motion to Bar Expert Opinion Testimony of Alan Blackwell [doc. #31] is GRANTED, in part and DENIED, in part. Defendant's Motion is denied to the extent it requests that Blackwell& #039;s testimony be excluded under Federal Rule of Evidence 702, the Court finding it more appropriate to leave for trial the issue of whether Plaintiff can establish the necessary foundation for qualifying Blackwell as an expert in this matter. The Court finds, however, that the following portions of Blackwell's intended testimony will be excluded: (1) opinion testimony that Defendant's actions amounted to violations of federal laws or regulations; (2) opinion testimony that Defendant was negligent for failing to require its trains to operate at a speed other than that required by FRSA regulations; and (3) testimony that Defendant subsequently repaired the track at issue. Signed by Honorable E. Richard Webber on 8/19/2010. (MGK)
July 23, 2010 Opinion or Order Filing 53 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Plaintiff's Motion to Strike Defendant's Additional Documentary Evidence [doc. #50] is DENIED. Plaintiff shall file a motion for leave to file a surreply in opposition to summary judgment, if any, no later than July 28, 2010. Signed by Honorable E. Richard Webber on 7/23/2010. (RJD)
July 2, 2010 Opinion or Order Filing 45 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Defendant BNSF Railway Company's Motion for Protective Order and/or Motion to Quash Notice of Supplemental Videotaped Deposition of Corporate Designee Joe Thornburg [doc. #38] is GRANTED. Signed by Honorable E. Richard Webber on July 2, 2010. (MGK)
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Defendant: BNSF Railway Company
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Plaintiff: Kevin D Cowden
Represented By: Richard J. Zalasky
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