Wolfgang v. BNSF Railway Company
Plaintiff: Nathan Wolfgang
Defendant: BNSF Railway Company
Case Number: 4:2024cv03084
Filed: May 6, 2024
Court: US District Court for the District of Nebraska
Presiding Judge: John M Gerrard
Referring Judge: Michael D Nelson
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal - Employment Discrim
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 28, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 28, 2024 Opinion or Order Filing 16 RESTRICTED ORDER - WebEx. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Magistrate Judge Michael D. Nelson. (MKR)
June 28, 2024 Opinion or Order Filing 15 TEXT ORDER RESCHEDULING HEARING: Due to the reassignment of this case, the planning conference is rescheduled on March 10, 2025, at 10:00 AM by telephone before Magistrate Judge Michael D. Nelson. Case conference instructions will be entered under separate order. Ordered by Magistrate Judge Michael D. Nelson. (JLM)
June 28, 2024 Opinion or Order Filing 14 REASSIGNMENT ORDER - The parties' stipulation (filing #13 ) is approved. This case is reassigned to Magistrate Judge Michael D. Nelson for judicial supervision and remains assigned to Senior District Judge John M. Gerrard for disposition. Ordered by Senior Judge John M. Gerrard. (MKR)
June 28, 2024 Filing 13 JOINT STIPULATION To Waive Judge Michael Nelson's Conflict by Attorney Nolan J. Niehus on behalf of Plaintiff Nathan Wolfgang.(Niehus, Nolan)
June 18, 2024 Opinion or Order Filing 12 FINAL PROGRESSION ORDER - Depositions due February 28, 2025. The trial and pretrial conference will not be set at this time. Planning Conference set for 3/10/2025 at 10:00 AM by Telephone before Senior Judge John M. Gerrard. Ordered by Senior Judge John M. Gerrard. (MKR)
June 17, 2024 Opinion or Order Filing 11 TEXT ORDER: Scheduling Conference set for June 18, 2024 at 10:30 AM by telephone before Senior Judge John M. Gerrard. Conferencing information has been sent to counsel by separate email. Ordered by Senior Judge John M. Gerrard. (DCD)
June 13, 2024 Filing 10 NOTICE of Service of Initial Disclosures by Attorney Corey L. Stull on behalf of Plaintiff Nathan Wolfgang (Stull, Corey)
June 13, 2024 Filing 9 Certificate of Service - Initial Disclosure by Attorney Tara L. Tesmer Paulson on behalf of Defendant BNSF Railway Company.(Tesmer Paulson, Tara)
June 13, 2024 Filing 8 REPORT of Rule 26(f) Planning Meeting by Attorney Tara L. Tesmer Paulson on behalf of Defendant BNSF Railway Company.(Tesmer Paulson, Tara)
May 14, 2024 Opinion or Order Filing 7 SCHEDULING ORDER - Rule 26 Meeting Report Deadline set for 6/13/2024. On or before June 6, 2024, a party shall contact the chambers of the undersigned judge to set a conference call as set forth in the order. Ordered by Senior Judge John M. Gerrard. (MKR)
May 13, 2024 Filing 6 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Burlington Northern Santa Fe, LLC, a Delaware limited liability company, Other Affiliate Berkshire Hathaway Inc. for BNSF Railway Company. by Attorney Tara L. Tesmer Paulson on behalf of Defendants BNSF Railway Company, Burlington Northern Santa Fe, LLC, a Delaware limited liability company, Berkshire Hathaway Inc..(Tesmer Paulson, Tara)
May 13, 2024 Filing 5 ANSWER to Notice of Removal Complaint regarding: Notice of Removal Attorney - Complaint, #1 by BNSF Railway Company (Tesmer Paulson, Tara)
May 9, 2024 Opinion or Order Filing 4 ORDER OF RECUSAL- This matter is before the court on the court's own motion pursuant to 28 U.S.C. 455(a), which states: "Any... judge... of the United States shall disqualify herself in any proceeding in which her impartiality might reasonably be questioned." Upon review of the parties and the record in the above-designated case, the undersigned judge shall, and hereby does, recuse herself from the above-designated case pursuant to 28 U.S.C. 455(a). Ordered by Magistrate Judge Jacqueline M. DeLuca. (MKR)
May 7, 2024 Filing 3 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant BNSF Railway Company. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LRM)
May 7, 2024 Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge John M. Gerrard and Magistrate Judge Jacqueline M. DeLuca assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM)
May 6, 2024 Filing 1 NOTICE OF REMOVAL with jury demand against Nathan Wolfgang from District Court of Lancaster County, Nebraska, Case number 23-761 ( Filing fee $ 405, receipt number BNEDC-5084921) with attached state court pleadings, by Attorney Tara L. Tesmer Paulson on behalf of BNSF Railway Company (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Tesmer Paulson, Tara)

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Plaintiff: Nathan Wolfgang
Represented By: Corey L. Stull
Represented By: Nolan J. Niehus
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Defendant: BNSF Railway Company
Represented By: Adam J. Kost
Represented By: David J. Schmitt
Represented By: Tara L. Tesmer Paulson
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