Byrd v. Union Pacific Railroad Co.
Plaintiff: Nadine Byrd
Defendant: Union Pacific Railroad Co.
Case Number: 8:2018cv00036
Filed: January 31, 2018
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: Cheryl R. Zwart
Nature of Suit: Federal Employer's Liability
Cause of Action: 45 U.S.C. ยง 51 Railways: Fed. Employer's Liability Act
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
December 31, 2020 Opinion or Order Filing 95 ORDER - that the email motion to withdraw by the attorneys of Lamson, Dugan & Murray, LLP, as counsel of record for Defendant Union Pacific Railroad Company in each of the listed cases is granted. The attorneys of Lamson, Dugan & Murray, LLP shall no longer receive electronic notice in these cases and are effectively withdrawn. Change of counsel is not a justification for any continuances of progression orders in any of the listed cases. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
April 13, 2020 Opinion or Order Filing 82 MEMORANDUM AND ORDER - The motion to exclude expert testimony is granted as to Dr. Gale and Dr. Landolph. (Filing 63 ). The motion for hearing (Filing 74 ) is denied. The motion for summary judgment (Filing 62 ) is granted. Judgment will be entered accordingly. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
October 7, 2019 Opinion or Order Filing 54 MEMORANDUM AND ORDER that for the reasons stated in the court's prior order, (Filing No. 44 ), Union Pacific's motion, (Filing No. 47 ), is granted, and Union Pacific is awarded attorney fees totaling $1,060.00 as sanctions for the conduct of Plaintiff (or Plaintiffs counsel) in filing a lawsuit for a deceased person when Plaintiff lacked the capacity to do so, falsely stating in the complaint that the filing person was the decedent plaintiff's personal representative , and then, without any explanation, failing to timely correct the plaintiff's filing status when ordered to do so.The sanctions amount assessed herein shall be paid to Union Pacific on or before November 7, 2019. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
June 20, 2019 Opinion or Order Filing 43 ORDER - This matter is before the court on the parties' Consent to Magistrate Judge, Filing No. 42 . IT IS HEREBY ORDERED that this case be referred to the Honorable Cheryl R. Zwart, United States Magistrate Judge, for all further proceedings and the entry of judgment in accordance with 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and the foregoing consent of the parties. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
April 25, 2019 Opinion or Order Filing 34 ORDER that the Court adopts the parties' joint proposals, numbers 1 through 5 as set forth above. As to any wrongful death case filed after this date, Plaintiff shall attach a copy of the letter of personal representation to the Complaint. For all cases already filed, if letters of personal representation have not already been produced, the letters shall be produced to defendants by May 16, 2019. (Attachments: # 1 Letter)Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
August 7, 2018 Opinion or Order Filing 21 ORDER - that the trial, pretrial conference, and all unexpired deadlines in the court final progression order, (Filing No. 17 ), are vacated. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Plaintiff: Nadine Byrd
Represented By: Shawn M. Sassaman
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Defendant: Union Pacific Railroad Co.
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