Theer v. BNSF Railway Company
Plaintiff: Eugene Theer
Defendant: BNSF Railway Company
Case Number: 4:2015cv03148
Filed: December 1, 2015
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Presiding Judge: Richard G. Kopf
Presiding Judge: Cheryl R. Zwart
Nature of Suit: Torts to Land
Cause of Action: 28:1332 Diversity-Torts to Land
Jury Demanded By: Defendant

Available Case Documents

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Date Filed Document Text
February 21, 2017 Opinion or Order Filing 72 JUDGMENT - Pursuant to the parties' joint stipulation (filing 71 ) and Fed. R. Civ. P. 41(a), IT IS ORDERED that this action is dismissed with prejudice, with each party to pay their own costs. Ordered by Senior Judge Richard G. Kopf. (JAB)
January 18, 2017 Opinion or Order Filing 66 ORDER - Defendant's motion for protective order, (Filing No. 50 ), is granted, and Plaintiff's motion, (Filing No. 43 ), is granted in part and denying in part. Defendant's motion to quash, (Filing No. 46 ), is granted in part and denied in part. The case progression order is amended as follows: a. The jury trial of this case is set to commence before Richard G. Kopf, Senior United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on August 28, 2017, or as soon thereafter as the case may be called, for a duration of four (4) trial days. This case is subject to the prior trial of criminal cases and such other civil cases as may be scheduled for trial before this one. J ury selection will be held at the commencement of trial. b. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on August 8, 2017 at 1:00 p.m., and will be conducted by internet/telephonic conferencing. Counsel s hall use the conferencing instructions assigned to this case (Filing No. 10 ) to participate in the conference The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in either Word Perfect or Word format, by 5:00 p.m. on August 7, 2017. c. The deposition deadline is March 31, 2017. d. The deadline for filing motions to dismiss and motions for summary judgment is April 28, 2017. e. The deadline for filing motions to exclude testimony on Daubert and related grounds is April 28, 2017. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
December 8, 2016 Opinion or Order Filing 41 ORDER- Any motion to compel Defendant's production of the topographical survey conducted by Defendant's expert on August 10, 2016 shall be filed on or before December 15, 2016. Any response shall be filed within seven days thereafte r. No reply shall be filed absent leave of the court for good cause shown. Any motion and response filed in accordance with this order shall address both of the following issues: a) whether the topographical survey must be disclosed as part of Def endant's expert disclosure obligations under Rule 26(a)(2)(B)(ii-iii), and b) whether Defendant's failure to disclose the topographical survey before the rebuttal expert deadline provides a basis for finding good cause to permit Plaintiff's untimely disclosure of a rebuttal expert. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
November 4, 2016 Opinion or Order Filing 38 ORDER granting 37 Motion to Continue. Jury Trial set for May 15, 2017 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. Pretrial Conference set for 4/25/2017 at 11:00 AM by Internet/Telephonic Conferencing (see filing 10 ) before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
May 26, 2016 Opinion or Order Filing 22 ORDER granting 21 Motion to Amend progression schedule. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Defendant: BNSF Railway Company
Represented By: Thomas C. Sattler
Represented By: Tyler K. Spahn
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Plaintiff: Eugene Theer
Represented By: Brian S. Koerwitz
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