Wynn v. BNSF Railway Company
| Stephen Wynn |
| BNSF Railway Company |
| 4:2022cv00779 |
| November 28, 2022 |
| US District Court for the Western District of Missouri |
| Fernando J Gaitan |
| Federal Employer's Liability |
| 45 U.S.C. ยง 51 Railways: Fed. Employer's Liability Act |
| Both |
Docket Report
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This docket was last retrieved on January 10, 2023. A more recent docket listing may be available from PACER.
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Filing 15
ORDER - Pursuant to #14 Stipulation of Dismissal, Count II of Plaintiff's Amended Petition is dismissed without prejudice. DENYING AS MOOT #5 defendant's Motion to Dismiss Count II. Plaintiff's claim for negligence under FELA (Count I) is nonremovable under 28 U.S.A 1445(a), and is thus remanded to the Circuit Court of Cass County, Missouri. Signed on 1/10/23 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy)
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| Remand letter and instructions sent to Circuit Court of Cass County, Missouri. This is a text entry only - no document is attached (Anderson, Christy) |
| Filing 14 STIPULATION of dismissal WITHOUT PREJUDICE OF COUNT II OF PLAINTIFF'S FIRST AMENDED PETITION by Stephen Wynn. (Cross, Gerald) |
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Filing 13
SCHEDULING ORDER: Status Report due by 5/30/2023. Discovery due by 6/30/2023. Dispositive Motions due by 8/14/2023. Please see Order for additional deadlines. Signed on 1/5/23 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy)
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| Filing 12 Joint PROPOSED SCHEDULING ORDER and Discovery Plan by BNSF Railway Company. (Johnson, Daniel) |
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Filing 11
ORDER granting #10 motion for extension of time to file response/reply re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Suggestions in opposition/response due by 1/9/2023 unless otherwise directed by the court. Signed on 1/3/2022 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu)
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| Filing 10 Second MOTION for extension of time to file response/reply as to #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Unopposed filed by Gerald L. Cross, Jr on behalf of Stephen Wynn. Suggestions in opposition/response due by 1/17/2023 unless otherwise directed by the court. (Related document(s) #5 ) (Cross, Gerald) |
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Filing 9
ORDER - GRANTING #8 plaintiff's unopposed motion for extension of time to file response/reply as to #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. New Deadline: Suggestions in opposition/response due on or before 1/3/2023. Signed on 12/19/22 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy)
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| Filing 8 MOTION for extension of time to file response/reply as to #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Unopposed filed by Gerald L. Cross, Jr on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/30/2022 unless otherwise directed by the court. (Related document(s) #5 ) (Cross, Gerald) |
| Filing 7 ANSWER to Complaint (Notice of Removal) filed by Daniel Patrick Johnson on behalf of Defendant BNSF Railway Company. (Johnson, Daniel) |
| Filing 6 SUGGESTIONS in support re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial Motion - to Dismiss FRSA Retaliation) filed by Daniel Patrick Johnson on behalf of Defendant BNSF Railway Company. (Attachments: #1 Exhibit 1 - Plaintiff's First Amended Petition)(Related document(s) #5 ) (Johnson, Daniel) |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Daniel Patrick Johnson on behalf of BNSF Railway Company. Suggestions in opposition/response due by 12/19/2022 unless otherwise directed by the court. (Johnson, Daniel) |
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Filing 4
RULE 16 NOTICE. Rule 26 conference due by 1/2/2023. Proposed scheduling order due by 1/16/2023. Signed on 11/30/22 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy)
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| Filing 3 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 2 DISCLOSURE OF CORPORATE INTERESTS filed by Chad Knight on behalf of Defendant BNSF Railway Company.(Knight, Chad) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Cass County, case number 22CA-CC00222, Filing fee $402, receipt number AMOWDC-8208750. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Civil Cover Sheet Civil Cover Shett)(Knight, Chad) |
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| Plaintiff: Stephen Wynn | |
| Represented By: | Gerald L. Cross, Jr. |
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| Defendant: BNSF Railway Company | |
| Represented By: | Daniel Patrick Johnson |
| Represented By: | Chad Knight |
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