Loehman v. Chemetron-Railway Products, Inc. et al
| Robert Brian Loehman |
| Chemetron-Railway Products, Inc. and Progress Rail Services Corp. |
| 4:2011cv00433 |
| April 25, 2011 |
| US District Court for the Western District of Missouri |
| Kansas City Office |
| Jackson |
| Greg Kays |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 3, 2012. A more recent docket listing may be available from PACER.
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Filing 74
Order of Dismissal. Signed on 7/3/12 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 73 NOTICE of voluntary dismissal by All Parties (Paulus, Ryan) |
| Filing 72 RESPONSE to motion re #51 MOTION for summary judgment Defendants' Response to Plaintiff's Sur-Reply Suggestions filed by Robert L. Ortbals, Jr on behalf of Defendants Chemetron-Railway Products, Inc., Progress Rail Services Corp.. Reply suggestions due by 6/18/2012 unless otherwise directed by the court (Attachments: #1 Exhibit G - Plaintiff's Rule 26 Disclosures, #2 Exhibit H - List of Employees Terminated for Attendance, #3 Exhibit I - Plaintiff's Deposition)(Ortbals, Robert) |
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Filing 71
ORDER granting #70 motion for extension of time to file response/reply. Defendants are granted leave to file a five-page response to Plaintiff's sur-reply on or before June 1, 2012. Signed on 5/31/12 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 70 MOTION for extension of time to file response/reply as to #69 Reply Suggestions to Motion, filed by Robert L. Ortbals, Jr on behalf of Chemetron-Railway Products, Inc., Progress Rail Services Corp.. Suggestions in opposition/response due by 6/18/2012 unless otherwise directed by the court. (Related document(s) #69 ) (Ortbals, Robert) |
| Filing 69 SUR-REPLY SUGGESTIONS to motion re #51 MOTION for summary judgment Sur-Reply filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman. (Attachments: #1 Exhibit Exhibit J, Declaration of Kristian McGaw)(Related document(s) #51 ) (Paulus, Ryan) Modified on 5/15/2012 to indicate that entry was a sur-reply (Wheeler, LaTandra). |
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Filing 68
ORDER granting #67 motion for leave to file. Plaintiff shall electronically file his sur-reply on or before May 16, 2012. Defendants are granted leave to file a five-page response on or before May 30, 2012. No further briefing shall be allowed. Signed on 5/14/12 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 67 MOTION for leave to file Sur-Reply filed by Ryan Paulus on behalf of Robert Brian Loehman. Suggestions in opposition/response due by 5/24/2012 unless otherwise directed by the court. (Attachments: #1 Exhibit Ex. 1 Sur-Reply, #2 Exhibit Ex. J Declaration of Kristian McGaw)(Paulus, Ryan) |
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Filing 66
ORDER granting #64 motion for leave to file. Defendants' reply suggestions filed March 30, 2012 (Doc. 65) are deemed properly filed. Signed on 4/2/12 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 65 REPLY SUGGESTIONS to motion re #51 MOTION for summary judgment filed by Robert L. Ortbals, Jr on behalf of Defendants Chemetron-Railway Products, Inc., Progress Rail Services Corp.. (Attachments: #1 Exhibit E - Plaintiff's Timecards, #2 Exhibit F - Declaration of Larry M. Clariday, Jr.)(Related document(s) #51 ) (Ortbals, Robert) |
| Filing 64 MOTION for leave to file Defendants' Reply Suggestions in Support of Their Motion for Summary Judgment in Excess of the Page Limitations under Local Rule 7.0 filed by Robert L. Ortbals, Jr on behalf of Chemetron-Railway Products, Inc., Progress Rail Services Corp.. Suggestions in opposition/response due by 4/16/2012 unless otherwise directed by the court. (Ortbals, Robert) |
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Filing 63
ORDER granting #62 motion for extension of time to file response/reply. Defendants are granted leave through and including March 30, 2012, within which to file reply suggestions in support of the their motion for summary judgment. Signed on 3/27/12 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 62 Second MOTION for extension of time to file response/reply as to #51 MOTION for summary judgment (Unopposed) filed by Robert L. Ortbals, Jr on behalf of Chemetron-Railway Products, Inc., Progress Rail Services Corp.. Suggestions in opposition/response due by 4/12/2012 unless otherwise directed by the court. (Related document(s) #51 ) (Ortbals, Robert) |
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Filing 61
ORDER granting #60 motion for extension of time to file response/reply. Defendants are granted leave through and including March 26, 2012, within which to file reply suggestions in support of the their motion for summary judgment. Signed on 3/16/12 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 60 MOTION for extension of time to file response/reply as to #51 MOTION for summary judgment filed by Robert L. Ortbals, Jr on behalf of Chemetron-Railway Products, Inc., Progress Rail Services Corp.. Suggestions in opposition/response due by 4/2/2012 unless otherwise directed by the court. (Related document(s) #51 ) (Ortbals, Robert) |
| Filing 59 REPLY SUGGESTIONS to motion re #48 MOTION for sanctions filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman. (Attachments: #1 Exhibit Email, #2 Notice of Exhibit Attachment Defendants' position statement, #3 Exhibit Defendants' Answers to Plaintiffs Second Interrogatories, #4 Exhibit Deposition of Larry Clariday)(Related document(s) #48 ) (Paulus, Ryan) Modified on 3/15/2012 to reflect that the Notice Regarding Exhibit Attachment and two copies of the accompanying exhibits were received under seal by the Court on 3/14/2012 (Wheeler, LaTandra). |
| Filing 58 SUGGESTIONS in opposition re #48 MOTION for sanctions filed by Robert L. Ortbals, Jr on behalf of Defendants Chemetron-Railway Products, Inc., Progress Rail Services Corp.. Reply suggestions due by 3/19/2012 unless otherwise directed by the court (Attachments: #1 Exhibit 1 - Plaintiff's Deposition, #2 Exhibit 2 - Defendant's Responses & Objections to Plaintiff's Second Request for Production of Documents, #3 Exhibit 3 - E-mail chain dated 12/29/11, #4 Exhibit 4 - Randy Norris'sDeposition, #5 Exhibit 5 - Arthur Snelling's Deposition, #6 Exhibit 6 - Art Snelling's Declaration, #7 Exhibit 7 - Larry Clariday's Deposition, #8 Exhibit 8 - Randy Norris's Declaration, #9 Exhibit 9 - Jack Schebo's Deposition, #10 Exhibit 10 - Plaintiff's Payroll Records, #11 Exhibit 11 - Attendance Calendars)(Related document(s) #48 ) (Ortbals, Robert) |
| Filing 57 SUGGESTIONS in opposition to motion for summary judgment re #51 MOTION for summary judgment filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman. Reply suggestions due by 3/19/2012 unless otherwise directed by the court. (Attachments: #1 Exhibit Ex. A, Deposition of Larry Clariday, #2 Exhibit Ex. B, Deposition of Brian Loehmann, #3 Exhibit Ex. C, deposition of Arthur Snelling, #4 Exhibit Ex. D, deposition of Randy Norris, #5 Exhibit Ex. E, Defendants Answers to Pla2ndIROGS, #6 Exhibit Ex. F, Affidavit of Ryan Paulus with co-workers time cards, #7 Notice of Exhibit Attachment Ex. G, employee records, #8 Exhibit Ex. H, deposition of Jack Schebo, #9 Notice of Exhibit Attachment Ex. I, Defendants' position statement, Plaintiffs medical records and write-ups)(Related document(s) #51 ) (Paulus, Ryan) Modified on 3/5/2012 to reflect that the Court received two copies of exhibits "G" and "I." (Wheeler, LaTandra). (Additional attachment(s) added on 7/5/2012: #10 Exhibit I) (Crespo, Wil). Modified on 7/5/2012 (Crespo, Wil). The exhibit, which was originally referred to in the Notice of Exhibit Attachment, was scanned and attached to the filing on 7/3/12. There is no exhibit to this filing being kept in the Clerk's Office. |
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Filing 56
ORDER granting #55 motion for extension of time to file response/reply. Defendants shall respond to Plaintiff's motion for sanctions on or before February 29, 2012. Signed on 2/28/12 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 55 Second MOTION for extension of time to file response/reply as to #48 MOTION for sanctions (Unopposed) filed by Robert L. Ortbals, Jr on behalf of Chemetron-Railway Products, Inc., Progress Rail Services Corp.. Suggestions in opposition/response due by 3/16/2012 unless otherwise directed by the court. (Related document(s) #48 ) (Ortbals, Robert) |
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Filing 54
ORDER granting #53 motion for extension of time to file response/reply. Defendants shall respond to Plaintiff's motion for sanctions on or before February 28, 2012. Signed on 2/21/12 by District Judge Greg Kays.(Francis, Alexandra)
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| Filing 53 MOTION for extension of time to file response/reply as to #48 MOTION for sanctions Unopposed filed by Robert L. Ortbals, Jr on behalf of All Defendants. Suggestions in opposition/response due by 3/8/2012 unless otherwise directed by the court. (Related document(s) #48 ) (Ortbals, Robert) |
| Filing 52 SUGGESTIONS in support re #51 MOTION for summary judgment filed by Robert L. Ortbals, Jr on behalf of Defendants Chemetron-Railway Products, Inc., Progress Rail Services Corp.. (Attachments: #1 Exhibit A pt 1, #2 Exhibit A pt 2, #3 Exhibit A pt 3, #4 Exhibit A pt 4, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D)(Related document(s) #51 ) (Ortbals, Robert) |
| Filing 51 MOTION for summary judgment filed by Robert L. Ortbals, Jr on behalf of Chemetron-Railway Products, Inc., Progress Rail Services Corp.. Suggestions in opposition/response due by 3/5/2012 unless otherwise directed by the court (Ortbals, Robert) |
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Filing 50
ORDER granting #49 MOTION for extension of time. Dispositive motions shall be filed on or before February 9, 2012. Pretrial Conference reset for 7/31/2012 09:30 AM via telephone conference initiated by plaintiff's counsel. Jury Trial reset for 8/20/2012 09:00 AM in Courtroom 8C, Kansas City (DGK) before District Judge Greg Kays. Signed on 2/3/12 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 49 MOTION for extension of time Unopposed filed by Robert L. Ortbals, Jr on behalf of All Defendants. Suggestions in opposition/response due by 2/21/2012 unless otherwise directed by the court. (Ortbals, Robert) |
| Filing 48 MOTION for sanctions filed by Ryan Paulus on behalf of Robert Brian Loehman. Suggestions in opposition/response due by 2/21/2012 unless otherwise directed by the court. (Attachments: #1 Exhibit A: Declaration of Tom Mohn, #2 Exhibit B: Deposition transcript of Arthur Snelling, #3 Exhibit C: Deposition Transcript of Randy Norris, #4 Notice of SEALED Exhibit Attachment D: Produced Time Cards of Brian Loehmann, #5 Notice of SEALED Exhibit Attachment E: Time Cards of Arthur Snelling, #6 Notice of SEALED Exhibit Attachment F: List of Tardies and Absences, #7 Notice of SEALED Exhibit Attachment G: Copy of Original Time Card of Brian Loehmann with concealment stickers removed, #8 Notice of SEALED Exhibit Attachment H: Human Resources Policy- HR 200, #9 Exhibit I: Deposition Transcipt of Larry Clariday)(Paulus, Ryan) Modified on 2/2/2012 (Moore, Terri). Modified on 2/7/2012 to reflect that the Notices Regarding Exhibit Attachments and two copies of the accompanying exhibits were recieved by the Court on 2/6/2012 (Wheeler, LaTandra). (Additional attachment(s) added on 7/5/2012: #10 Exhibit D, #11 Exhibit E, #12 Exhibit F, #13 Exhibit G, #14 Exhibit H) (Crespo, Wil). Modified on 7/5/2012 (Crespo, Wil). The exhibits, which were originally referred to in the Notice of Exhibit Attachment, were scanned and attached to the filing on 7/3/12. There are no exhibits to this filing being kept in the Clerk's Office. |
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Filing 47
ORDER granting #46 motion for extension of time. Dispositive Motions due by 2/6/2012. Signed on 1/25/12 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 46 MOTION for extension of time (Unopposed) filed by Robert L. Ortbals, Jr on behalf of Chemetron-Railway Products, Inc., Progress Rail Services Corp.. Suggestions in opposition/response due by 2/9/2012 unless otherwise directed by the court. (Ortbals, Robert) |
| Filing 45 CERTIFICATE OF SERVICE by All Defendants filed by Robert L. Ortbals, Jr on behalf of Defendants Chemetron-Railway Products, Inc., Progress Rail Services Corp..(Ortbals, Robert) |
| Filing 44 CERTIFICATE OF SERVICE by Chemetron-Railway Products, Inc., Progress Rail Services Corp. filed by Robert L. Ortbals, Jr on behalf of Defendants Chemetron-Railway Products, Inc., Progress Rail Services Corp..(Ortbals, Robert) |
| Filing 43 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Arthur D. Snelling. (Moore, Terri) |
| Filing 42 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Randy Norris. (Moore, Terri) |
| Filing 41 CERTIFICATE OF SERVICE by Robert Brian Loehman Supplemental Responses to Defendants First Request for Production of Documents filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman.(Paulus, Ryan) |
| Filing 40 NOTICE to take deposition of Randy Norris filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman.(Paulus, Ryan) |
| Filing 39 NOTICE to take deposition of Art Snellings filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman.(Paulus, Ryan) |
| Filing 38 CERTIFICATE OF SERVICE by Robert Brian Loehman filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman.(Paulus, Ryan) |
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Filing 37
ORDER granting in part #32 Plaintiff's motion to exclude ; granting #35 Defendants' motion for extension of time. Discovery shall be completed on or before December 30, 2011. Dispositive motions shall be filed on or before January 30, 2012. All remaining deadlines contained in the Scheduling and Trial Order #12 remain in full force and effect. Signed on 11/28/11 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 36 CERTIFICATE OF SERVICE by Robert Brian Loehman filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman.(Paulus, Ryan) |
| Filing 35 MOTION for extension of time to File Dispositive Motion (Unopposed) filed by Robert L. Ortbals, Jr on behalf of Chemetron-Railway Products, Inc., Progress Rail Services Corp.. Suggestions in opposition/response due by 12/12/2011 unless otherwise directed by the court. (Ortbals, Robert) |
| Filing 34 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Robert B. Loehmann on September 30, 2011. (Wheeler, LaTandra) |
| Filing 33 SUGGESTIONS in opposition re #32 MOTION to strike under Rule 37(c) or in the alternative Rule 6(b) Request to Extend Discovery Deadline filed by Robert L. Ortbals, Jr on behalf of Defendants Chemetron-Railway Products, Inc., Progress Rail Services Corp.. Reply suggestions due by 12/5/2011 unless otherwise directed by the court (Attachments: #1 Exhibit A. Plaintiff's Deposition, #2 Exhibit B. Declarations)(Related document(s) #32 ) (Ortbals, Robert) |
| Filing 32 MOTION to strike under Rule 37(c) or in the alternative Rule 6(b) Request to Extend Discovery Deadline filed by Ryan Paulus on behalf of Robert Brian Loehman. Suggestions in opposition/response due by 11/18/2011 unless otherwise directed by the court. (Paulus, Ryan) |
| Filing 31 CERTIFICATE OF SERVICE by All Defendants filed by Robert L. Ortbals, Jr on behalf of Defendants Chemetron-Railway Products, Inc., Progress Rail Services Corp..(Ortbals, Robert) |
| Filing 30 CERTIFICATE OF SERVICE by Robert Brian Loehman filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman.(Paulus, Ryan) |
| Filing 29 CERTIFICATE OF SERVICE by Chemetron-Railway Products, Inc., Progress Rail Services Corp. filed by Robert L. Ortbals, Jr on behalf of Defendants Chemetron-Railway Products, Inc., Progress Rail Services Corp..(Ortbals, Robert) |
| Filing 28 NOTICE to take deposition of Robert Brian Loehman filed by Robert L. Ortbals, Jr on behalf of Defendants Chemetron-Railway Products, Inc., Progress Rail Services Corp..(Ortbals, Robert) |
| Filing 27 CERTIFICATE OF SERVICE by Robert Brian Loehman filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman.(Paulus, Ryan) |
| Filing 26 Amended NOTICE to take deposition of Jack Schebo filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman.(Paulus, Ryan) |
| Filing 25 Amended NOTICE to take deposition of Larry Clariday filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman.(Paulus, Ryan) |
| Filing 24 CERTIFICATE OF SERVICE by Robert Brian Loehman Certificate of Service of Notice to take deposition of Larry Clariday and Jack Schebo filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman.(Paulus, Ryan) |
| Filing 23 NOTICE to take deposition of Jack Allen Schebo filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman.(Paulus, Ryan) |
| Filing 22 NOTICE to take deposition of Larry Clariday filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman.(Paulus, Ryan) |
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Filing 21
PROTECTIVE ORDER Signed on 07/14/11 by District Judge Greg Kays. (McDowell, Shelly)
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| Filing 20 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Robert L. Ortbals, Jr on behalf of Defendants Chemetron-Railway Products, Inc., Progress Rail Services Corp..(Ortbals, Robert) |
| Filing 19 CERTIFICATE OF SERVICE by All Defendants filed by Robert L. Ortbals, Jr on behalf of Defendants Chemetron-Railway Products, Inc., Progress Rail Services Corp..(Ortbals, Robert) |
| Filing 18 MOTION for protective order and Integrated Memorandum in Support filed by Robert L. Ortbals, Jr on behalf of All Defendants. Suggestions in opposition/response due by 8/1/2011 unless otherwise directed by the court. (Ortbals, Robert) |
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Filing 17
ORDER granting #16 motion for extension of time to complete discovery. Defendants shall respond to Plaintiff's discovery on or before July 13, 2011. Signed on 7/5/11 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 16 MOTION for extension of time to complete discovery Unopposed Motion for Extension of Time to Respond to Plaintiff's Discovery filed by Robert L. Ortbals, Jr on behalf of All Defendants. Suggestions in opposition/response due by 7/22/2011 unless otherwise directed by the court. (Ortbals, Robert) |
| Filing 15 CERTIFICATE OF SERVICE by Robert Brian Loehman filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman.(Paulus, Ryan) |
| NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on June 3, 2011 as Document No. 13, CERTIFICATE OF SERVICE. The document has been deleted as it was incomplete (/s signature was missing from document). The complete document has been refiled as Document #14. This is a text entry only - no document is attached. (Jones, Robin) |
| Filing 14 CERTIFICATE OF SERVICE by Robert Brian Loehman filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman.(Paulus, Ryan) |
| Filing 13 The document originally filed as Document #13, CERTIFICATE OF SERVICE by All Plaintiffs, has been deleted as it was incomplete (/s signature was missing from document). The complete document has been refiled as Document #14. Modified on 6/6/2011 (Jones, Robin). |
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Filing 12
SCHEDULING ORDER: Discovery due by 10/31/2011. Dispositive Motions due by 11/30/2011. Pretrial Conference set for 5/16/2012 11:00 AM via telephone conference initiated by plaintiff's counsel. Jury Trial set for 6/11/2012 09:00 AM in Courtroom 8D, Kansas City (DGK) before District Judge Greg Kays. Signed on 6/1/11 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 11 CERTIFICATE OF SERVICE by All Defendants filed by Robert L. Ortbals, Jr on behalf of Defendants Chemetron-Railway Products, Inc., Progress Rail Services Corp..(Ortbals, Robert) |
| Filing 10 PROPOSED SCHEDULING ORDER Joint by Chemetron-Railway Products, Inc., Progress Rail Services Corp.. (Ortbals, Robert) |
| Filing 9 ANSWER to #4 Amended Complaint on behalf of Chemetron-Railway Products, Inc., Progress Rail Services Corp..(Ortbals, Robert) |
| Filing 8 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Ryan Paulus on behalf of Plaintiff Robert Brian Loehman.(Paulus, Ryan) |
| Filing 7 DISCLOSURE OF CORPORATE INTERESTS filed by Robert L. Ortbals, Jr on behalf of Defendants Chemetron-Railway Products, Inc., Progress Rail Services Corp..(Ortbals, Robert) |
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Filing 6
ORDER granting #5 Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to Plaintiff's Amended Complaint on or before May 24, 2011. Signed on 5/4/11 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 5 MOTION for extension of time to file answer re #4 Amended Complaint Unopposed filed by Robert L. Ortbals, Jr on behalf of All Parties. Suggestions in opposition/response due by 5/23/2011 unless otherwise directed by the court. (Related document(s) #4 ) (Ortbals, Robert) |
| Filing 4 AMENDED COMPLAINT First Amended Complaint against All Defendants filed by Ryan Paulus on behalf of Robert Brian Loehman.(Paulus, Ryan) |
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Filing 3
Rule 16 Notice. Proposed scheduling order due by 6/10/2011. Rule 26 conference due by 5/27/2011. Signed on 4/26/11 by District Judge Greg Kays. (Francis, Alexandra)
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| Filing 2 Notice of EAP assignment to an outside mediator sent via electronic notice to all counsel. (Attachments: #1 EAP General Order)(Martin, Jan) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Jackson County, Missouri County, case number 1116-CV05739, filed by Robert L. Ortbals, Jr on behalf of Progress Rail Services Corp., Chemetron-Railway Products, Inc.. Filing fee $ 350, receipt number 0866-2700361. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Ortbals, Robert) |
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