Trimble v. BNSF Railway Co.
| Kenneth Trimble |
| BNSF Railway Co. |
| 4:2008cv03116 |
| June 3, 2008 |
| US District Court for the District of Nebraska |
| P.I.: Other Office |
| Box Butte |
| Richard G. Kopf |
| Both |
| Diversity |
| 28:1332 Diversity-Tort/Non-Motor Vehicle |
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The following documents for this case are available for you to view or download:
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Filing
75
ORDER directing counsel for plaintiff to withdraw plaintiff's trial exhibits within 14 days or show cause why sanctions should not be imposed. Ordered by Judge Richard G. Kopf. (CCB)
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Filing
56
ORDER - Pursuant to rulings made by the court during a conference with the parties today immediately prior to trial, IT IS ORDERED that the defendant's motion in limine (filing 44 ) is granted in part and denied in part, as follows: Paragraph 1 is sustained. Paragraph 2 is overruled, but if the plaintiff contends that his financial condition prevented him from mitigating damages he will need to show actual evidence of this, and not merely state, for example, that he did not have enough mo ney to look for employment elsewhere. Paragraphs 3 through 6 are sustained. Paragraph 7 is sustained, except that the plaintiff will be allowed to present evidence of statements by other BNSF employees that were made directly to Rich Stauffer, or th at were repeated to him, before Stauffer communicated with Alstom about the plaintiff. Paragraph 8 is overruled, but the plaintiff will need to establish that the other former BNSF employees were similarly situated to him. Ordered by Judge Richard G. Kopf. (GJG)
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Filing
42
MEMORANDUM AND ORDER regarding motions. IT IS ORDERED that: 1. The defendant's motion to strike (filing 33 ) is denied. 2. The defendant's motion for summary judgment (filing 28 ) is granted in part and denied in part, as follows: a. The motion is granted with respect to the plaintiff's claim that the defendant violated the Nebraska Fair Employment Practice Act, and the second cause of action of the plaintiff's amended complaint is dismissed. b. In all other respects, the motion is denied. Ordered by Judge Richard G. Kopf. (LKH)
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Filing
39
ORDER- Upon joint oral motion of the parties, IT IS ORDERED that this matter is removed from the trial calendar. This matter is stayed. The pending motion for summary judgment 28 will be held in abeyance pending further order. The parties are ordered to mediate this case. Upon completion of mediation, the parties are ordered to report to the undersigned. Case stayed. Ordered by Judge Richard G. Kopf. (LKH)
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Filing
27
MEMORANDUM AND ORDER - Defendant's application for attorney fees (filing 24 ) is granted, and the defendant, BNSF Railway Company, is awarded attorney fees in the amount of $213.00, which amount shall be assessed against the plaintiff, Kenneth Trimble, when final judgment is entered in this matter. Ordered by Judge Richard G. Kopf. (GJG)
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Filing
21
ORDER regarding 18 Motion to Compel. IT IS ORDERED: 1. The defendant's motion to compel discovery (filing 18 ) is granted. The plaintiff shall serve answers to all of the interrogatories and produce all of the requested documents no later th an December 31, 2008. 2. On or before December 15, 2008, the defendant shall file an application for an order requiring payment of its reasonable expenses incurred in making the motion, including attorney's fees, by the plaintiff, the plaintiff's attorney, or both. The plaintiff and his attorney shall have until December 31, 2008, to file a response to such application. Ordered by Judge Richard G. Kopf. (LKL)
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| Defendant: BNSF Railway Co. | |
| Represented By: | Melanie J. Whittamore-Mantzios |
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| Plaintiff: Kenneth Trimble | |
| Represented By: | Joy A. Shiffermiller |
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