BNSF Railway Company et al v. The Center for Asbestos Related Disease, Inc.
Case Number: 9:2019cv00040
Filed: February 18, 2021
Court: US District Court for the District of Montana
Office: Missoula Office
Nature of Suit: Qui Tam (31 U.S.C. § 3729(a))
Cause of Action: 31 U.S.C. ยง 3729 False Claims Act

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
May 28, 2024 Opinion or Order Filing 267 ORDER granting in part and denying in part 239 Motion for Attorney Fees. CARD shall pay BNSF $1,101,279.38 in attorneys' fees and $322,657.20 in costs, for a total award of $1,423,936.58. Signed by Judge Dana L. Christensen on 5/28/2024. (ASG)
October 23, 2023 Opinion or Order Filing 263 ORDER STAYING CASE. IT IS FURTHER ORDERED the parties shall keep the Court apprised of developments in the bankruptcy proceedings by providing the Court with a joint status report every six months until resolution of the bankruptcy proceedings. Signed by Judge Dana L. Christensen on 10/23/2023. (ASG)
August 9, 2023 Opinion or Order Filing 245 ORDER denying as moot 237 MOTION to Redact Transcript 222 . Signed by Judge Dana L. Christensen on 8/9/2023. (ASG)
July 18, 2023 Opinion or Order Filing 233 ORDER: The judgment in this matter is amended to reflect a total damages award of $3,243,795.00 for the United States Government and the imposition of $2,582,228.00 in penalties for the 337 FCA violations found by the jury. IT IS FURTHER OR DERED that BNSF, as relator, is entitled to 25% of the total proceeds. IT IS FURTHER ORDERED that BNSF's request for attorneys' fees and costs will be resolved by separate order once that issue has been fully briefed and submitted to the Court. Signed by Judge Dana L. Christensen on 7/18/2023. (ASG)
July 6, 2023 Opinion or Order Filing 223 ORDER: There shall be no further contact of jurors from counsel for either party. IT IS FURTHER ORDERED that jurors will be contacted by the Court and informed that they are not to respond to the letter from CARD dated on or about June 30, 2023, inquiring into the jury's deliberations. Signed by Judge Dana L. Christensen on 7/6/2023. (Attachments: # 1 Redacted Letter) (ASG)
June 29, 2023 Opinion or Order Filing 217 CLERK'S JUDGMENT. (SGN)
June 28, 2023 Opinion or Order Filing 203 MEAL ORDER. Signed by Judge Dana L. Christensen on 6/28/2023. (ASG)
June 25, 2023 Opinion or Order Filing 192 ORDER: The Court will allow voir dire of future witnesses in order to determine which evidence will be allowed, consistent with this order. Under no circumstances will witnesses offer hearsay statements or testimony otherwise inadmissible under the Federal Rules of Evidence. CARD's Offer of Proof 188 is DENIED. The proffered trial perpetuation deposition testimony of Senator Max Baucus may not be admitted. Signed by Judge Dana L. Christensen on 6/25/2023. (ASG)
June 2, 2023 Opinion or Order Filing 160 ORDER granting 152 Motion to Appear Pro Hac Vice for John Day. NOTE: Instructions to request Montana CM/ECF registration through PACER are found here. Acknowledgment of PHV Order due by 6/20/2023. Signed by Judge Dana L. Christensen on 6/2/2023. (APP)
May 8, 2023 Opinion or Order Filing 148 ORDER denying 141 Motion to Quash; denying 143 Motion to Quash. Signed by Judge Dana L. Christensen on 5/8/2023. (ASG)
February 14, 2023 Opinion or Order Filing 135 ORDER granting 133 Motion to Compel. Signed by Judge Dana L. Christensen on 2/14/2023. (ASG)
December 30, 2022 Opinion or Order Filing 132 ORDER granting in part, denying in part, and reserving ruling in part re 85 and 108 Motions in Limine. Signed by Judge Dana L. Christensen on 12/30/2022. (ASG)
July 26, 2022 Opinion or Order Filing 116 ORDER granting 115 Motion for Leave to Appear by ZOOM. Signed by Judge Dana L. Christensen on 7/26/2022. Zoom link sent following filing of Order. (ASG)
June 8, 2022 Opinion or Order Filing 107 ORDER: pursuant to this Court's prior Order 84 , BNSF is SANCTIONED in the amount of $18,785.00. Absent extension from this Court, BNSF shall transmit this sum to McGarvey Law on or before June 17, 2022. Signed by Judge Dana L. Christensen on 6/8/2022. (ASG)
May 6, 2022 Opinion or Order Filing 84 ORDER granting 51 Motion to Quash. IT IS FURTHER ORDERED that on or before May 20, 2022, McGarvey Law shall submit a(n) affidavit(s) of attorneys' fees. BNSF may object to the reasonableness of these fees within 14 days of the affidavit(s) being filed. Signed by Judge Dana L. Christensen on 5/6/2022. (ASG)
February 23, 2022 Opinion or Order Filing 59 ORDER denying as moot 45 Motion to Compel. Signed by Judge Dana L. Christensen on 2/23/2022. (ASG)
October 19, 2021 Opinion or Order Filing 48 ORDER re 47 Notice of Appearance filed by BNSF Railway Company. Signed by Judge Dana L. Christensen on 10/19/2021. (ASG)
May 21, 2021 Opinion or Order Filing 34 ORDER granting 33 Motion to Appear Pro Hac Vice - Brendan M. Johns for Plaintiff. Signed by Judge Dana L. Christensen on 5/21/2021. (ASG)
May 13, 2021 Opinion or Order Filing 32 ORDER denying subject to renewal 30 Motion to Appear Pro Hac Vice. Signed by Judge Dana L. Christensen on 5/13/2021. (ASG)
February 18, 2021 Opinion or Order Filing 24 ORDER: The Clerk of Court shall unseal the Second Amended Complaint 22 and Relator BNSF Railway Company shall serve it on Defendant the Center for Asbestos Related Disease, Inc. Read order for further details. Signed by Judge Dana L. Christensen on 2/18/2021. (ASG)
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