Smith et al v. BNSF Railway Company et al
Plaintiff: Russell B. Smith, Jr.
Defendant: BNSF Railway Company, John and Jane Does 1 through 100, John Doe Corporations 1 through 10 and Other John Doe entities 1 through 10
Case Number: 4:2023cv00082
Filed: December 15, 2023
Court: US District Court for the District of Montana
Presiding Judge: Brian Morris
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 24, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 24, 2024 Opinion or Order Filing 16 SCHEDULING ORDER: Final Pretrial Conference set for 6/26/2025 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Jury Trial set for 7/8/2025 at 09:00 AM in Great Falls, MT before Judge Brian Morris. Amended Pleadings due by 3/29/2024. Discovery due by 2/15/2025. Motions due by 4/11/2025. Proposed Pretrial Order due by 6/16/2025. Signed by Judge Brian Morris on 1/24/2024. (KAH)
January 24, 2024 ***Telephonic Preliminary Pretrial Conference held. A. Sterup, law clerk. (SLL)
January 22, 2024 Filing 15 STATEMENT OF STIPULATED FACTS by Russell B. Smith, Jr, Russell B. Smith, Jr(personal representative of the Estate of Irina A. Smith, Deceased). (Sweeney, Christopher)
January 22, 2024 Filing 14 JOINT DISCOVERY PLAN by Russell B. Smith, Jr, Russell B. Smith, Jr(personal representative of the Estate of Irina A. Smith, Deceased). (Sweeney, Christopher)
January 22, 2024 Filing 13 PRELIMINARY PRETRIAL STATEMENT by Russell B. Smith, Jr, Russell B. Smith, Jr(personal representative of the Estate of Irina A. Smith, Deceased). (Sweeney, Christopher)
January 22, 2024 Filing 12 PRELIMINARY PRETRIAL STATEMENT by BNSF Railway Company. (Friend, Michelle)
January 5, 2024 Filing 11 NOTICE of Acknowledgment of Pro Hac Vice Order by Russell B. Smith, Jr (Fanaroff, Sheri)
January 5, 2024 Terminate Deadlines as to #7 Acknowledgments of Pro Hac. (ACC)
January 4, 2024 Filing 10 NOTICE of Acknowledgment of Pro Hac Vice Order by Russell B. Smith, Jr (Pels, Jon)
January 4, 2024 Filing 9 NOTICE of Acknowledgment of Pro Hac Vice Order by Russell B. Smith, Jr (Olsen, Maria)
December 22, 2023 Filing 8 BNSF's Answer, Affirmative Defenses and Demand for Jury Trial ANSWER to Complaint with Jury Demand by BNSF Railway Company. (Friend, Michelle)
December 21, 2023 Opinion or Order Filing 7 ORDER granting Motions to Appear Pro Hac Vice #4 #5 #6 for Attorneys Jon Pels, Maria Olsen and Sheri Farnaroff NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 1/5/2024. Signed by Judge Brian Morris on 12/21/2023. (TLO)
December 21, 2023 Filing 6 Unopposed MOTION Sheri Fanaroff to Appear Pro Hac Vice ( Filing fee $ 273 receipt number AMTDC-3180480.). Christopher Sweeney appearing for Plaintiff Russell B. Smith, Jr. (Attachments: #1 Exhibit 1- Affidavit of Sheri Fanaroff, #2 Text of Proposed Order) (Sweeney, Christopher)
December 21, 2023 Filing 5 Unopposed MOTION Maria Olsen to Appear Pro Hac Vice ( Filing fee $ 273 receipt number AMTDC-3180473.). Christopher Sweeney appearing for Plaintiff Russell B. Smith, Jr. (Attachments: #1 Exhibit 1- Affidavit of Maria Olsen, #2 Text of Proposed Order) (Sweeney, Christopher)
December 20, 2023 Filing 4 Unopposed MOTION Jon Pels to Appear Pro Hac Vice ( Filing fee $ 273 receipt number AMTDC-3180326.). Christopher Sweeney appearing for Plaintiff Russell B. Smith, Jr. (Attachments: #1 Exhibit 1-Affidavit of Jon Pels, #2 Exhibit 2-Affidavit of Maria Olsen, #3 Exhibit 3-Affidavit of Sheri Fanaroff, #4 Text of Proposed Order) (Sweeney, Christopher) Modified on 12/20/2023 to reflect motion only pertains to Counsel Pels application(ACC).
December 20, 2023 Remark: Email to Counsel Sweeney regarding #4 Unopposed motion to admit counsel Pro Hac Vice. Counsel must file a separate Motion, affidavit, and proposed orders are required for each attorney. Docket #4 will apply to Counsel Pels application. (ACC)
December 18, 2023 Opinion or Order Filing 3 ORDER : IT IS ORDERED: (1) The parties shall appear by telephone before the undersigned on January 24, 2024 at 2:30 p.m., MST, for the purpose of participating in a preliminary pretrial conference (conference). The call-in number is 877-402-9753; access code: 5136505. Preliminary Pretrial Statement due by 1/22/2024. Joint Discovery Plan due by 1/22/2024. Statement of Stipulated Facts due by 1/22/2024. Signed by Judge Brian Morris on 12/18/2023. (see order for full details). (SAJ)
December 15, 2023 Filing 2 Disclosure Statement by BNSF Railway Company. (Friend, Michelle)
December 15, 2023 Filing 1 NOTICE OF REMOVAL from Montana Seventeenth Judicial District Court, Blaine County, case number DV-2023-32. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Complaint, #3 Exhibit B - Issued Summons, #4 Exhibit C - Notice of Dismissal of Berkshire Hathaway Inc., #5 Exhibit D - Notice of Removal) (ACC)
December 15, 2023 Filing fee: $ 405.00, receipt number BMTDC-3177592 (ACC)

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Search for this case: Smith et al v. BNSF Railway Company et al
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Plaintiff: Russell B. Smith, Jr.
Represented By: Christopher Sweeney
Represented By: Jon D Pels
Represented By: Sheri V.G. Fanaroff
Represented By: Maria Olsen
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Defendant: BNSF Railway Company
Represented By: Benjamin O. Rechtfertig
Represented By: Michelle T. Friend
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Defendant: John and Jane Does 1 through 100
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Defendant: John Doe Corporations 1 through 10
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Defendant: Other John Doe entities 1 through 10
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