Brewer v. BNSF Railway Company
Plaintiff: David Brewer
Defendant: BNSF Railway Company
Case Number: 4:2014cv00065
Filed: September 10, 2014
Court: US District Court for the District of Montana
Office: Great Falls Office
County: HILL
Presiding Judge: Brian Morris
Presiding Judge: Keith Strong
Nature of Suit: Federal Employers Liability
Cause of Action: 28 U.S.C. ยง 1391
Jury Demanded By: Plaintiff
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Date Filed Document Text
June 7, 2018 Opinion or Order Filing 294 ORDER: The Court has been informed that this case has settled at a settlement conference held on June 6, 2018. Accordingly, IT IS HEREBY ORDERED that all hearings and deadlines in the case are VACATED. The parties shall file a stipulation for dismissal and submit to the undersigned a proposed order of dismissal on or before July 6, 2018, or show good cause for their failure to do so. Signed by Judge Brian Morris on 6/7/2018. (MMS)
May 2, 2018 Opinion or Order Filing 291 ORDER: IT IS ORDERED that Magistrate Judge Johnston's 285 Findings and Recommendations are ADOPTED IN FULL. IT IS FURTHER ORDERED that Brewer's 261 Motion for Discovery Sanctions is DENIED. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 5/2/2018. (SLR)
February 14, 2018 Opinion or Order Filing 280 ORDER: IT IS ORDERED that Magistrate Judge Johnston's Findings and Recommendations are ADOPTED IN FULL. IT IS FURTHER ORDERED that Brewer's 247 Amended and Renewed Motion to Permit Discovery and Compel Production of Noncustodial Electronically Stored Information is DENIED. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 2/14/2018. (SLR)
June 16, 2017 Opinion or Order Filing 229 ORDER re 214 MOTION Leave to Conduct Additional Discovery filed by David Brewer. The Court will allow Mr. Brewer to conduct additional discovery via written questions. The parties will file with the Court a list of written questions that they agree Mr. Brewer may ask no later than June 28, 2017. If necessary, Mr. Brewer may file with the Court on the same date an additional list of questions he sought to ask but BNSF did not agree to. If Mr. Brewer submits an additional list of questions, the Court will conduct a hearing on the additional list of questions and entertain any objections BNSF has to them before determining whether to allow Mr. Brewer to ask the additional questions. Signed by Magistrate Judge John Johnston on 6/16/2017. (MMS)
December 22, 2016 Opinion or Order Filing 211 ORDER; 1. BNSF's Mootion to Request Transcript Redaction or File Udner Seal 206 is GRANTED. 2. The Clerk of court will redact the following in the transcript of the hearing held before the undersigned on 10/31/2016 197 Page 7, lines 13-2 1, Page 8, line 4 through Page 9, line 19, Page 11, line 25 through Page 12 line 15, Page 14, lines 7-19, Page 21, line 20 through Page 22, line 8, and Page 103, line 15 through Page 104, line 10. Signed by Magistrate Judge John Johnston on 12/22/2016. (TLO)
November 2, 2016 Opinion or Order Filing 196 ORDER; Pending before the Court are BNSFs Motion for Protective Order Regarding Plaintiffs Fourth Requests for Production (Doc. 183) and Mr. Brewers Motion for Discovery Issues. (Doc. 177). The parties appeared before the undersigned for oral argumen t on the motions on 10/31/2016. For the reasons discussed in open court, the undersigned issues the following: 1. Mr. Brewers motion to depose Rick Stauffer is DENIED. 2. Mr. Brewers motion to depose Rick Barkosowitz is DENIED. 3. Mr. Brewers motion to depose Greg Fox is DENIED. 4. Mr. Brewers motion to depose Lee Spilker is GRANTED. 5. Mr. Brewers motion to depose Dane Freshour is GRANTED. 6. Mr. Brewers motion to depose Scott Rynearson is DENIED. 7. Mr. Brewers motion to depose Tom Ondrezek is DENIED. 8. Mr. Brewers motion to conduct a deposition pursuant to Federal Rule of Civil Procedure 30(b)(6) on BNSFs Incentive Compensation Plan is GRANTED. The scope of the deposition is limited to how the information on Exhibit O included in Doc. 1 78 would relate to or impact the bonus of a manager working in Shelby or Havre, Montana. 9. Mr. Brewers motion to conduct a deposition pursuant to Federal Rule of Civil Procedure 30(b)(6) on BNSFs Hours of Service Forms is DENIED. 10. Mr. Brewers mot ion to conduct a deposition pursuant to Federal Rule of Civil Procedure 30(b)(6) on BNSFs Terminal Dashboard Program and Velocity Initiative is DENIED. 11. The Court RESERVES ruling on Mr. Brewers motion to conduct a deposition pursuant to Federal Ru le of Civil Procedure 30(b)(6) on BNSFs Non-Custodial Data Sources. By 11/7/2016, Mr. Brewer must file a document with the court indicating 10 types of information he is seeking to locate. BNSF will then have until 11/14/16, to respond. Once each par ty responds, the Court will set a telephonic conference to discuss the matter. 12. Mr. Brewers motion to conduct a deposition pursuant to Federal Rule of Civil Procedure 30(b)(6) on BNSFs Accutrans Policy is DENIED. 13. BNSFs Motion for Protective Or der Regarding Plaintiffs Fourth Requests for Production is GRANTED. 14. Mr. Brewers motion for an on-site ESI search is DENIED. 15. The Court RESERVES ruling on Mr. Brewers motion related to search terms BNSF used to find information until Mr. Brewer provides his list of 10 types of information he is looking to find. 16. The Court orders that going forward, in addition to the meet and confer that must occur prior to filing motions, the parties must also have a status conference with the Court prior to filing any further motions related to discovery. Signed by Magistrate Judge John Johnston on 11/2/2016. (TLO, )
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Plaintiff: David Brewer
Represented By: William G. Jungbauer
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Defendant: BNSF Railway Company
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