Jones v. Union Pacific Railroad Company
| Odessa Jones |
| Union Pacific Railroad Company |
| 8:2018cv00178 |
| April 24, 2018 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Susan M. Bazis |
| Laurie Smith Camp |
| Federal Employer's Liability |
| 45 U.S.C. ยง 51 Railways: Fed. Employer's Liability Act |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
35
ORDER - that this action be dismissed without prejudice, with each party to pay its own costs. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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Filing
33
SHOW CAUSE ORDER - IT IS ORDERED that Odessa Jones shall have until January 28, 2020 to show cause why this case should not be dismissed for lack of a plaintiff. The failure to timely comply with this order will result in the final and immediate dismissal of this action without further notice. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
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Filing
32
ORDER - THEREFORE, IT IS ORDERED THAT: The magistrate judge's order, Filing No. 24 , is moot and need not be addressed in this Memorandum and Order. The motion for attorney fees, Filing No. 25 is granted, and the order of the magistrate judge, Filing No. 27 , is affirmed in its entirety. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
27
ORDER - IT IS ORDERED: Defendant's application for an award of sanctions in the amount of $875.50, (Filing No. 25), is granted. On or before October 3, 2019, Plaintiff shall pay to Defendant the amount of $875.50 as sanctions for failing to timely provide a notice authorizing Odessa Jones to serve as the personal representative for decedent Plaintiff, James M. Jones. Upon receipt of payment, Defendant shall file a notice on the court's docket stating the award of sanctions has been satisfied. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
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Filing
24
FINDINGS AND RECOMMENDATION to the Honorable Joseph F. Bataillon, United States District Judge, pursuant to 28 U.S.C. § 636(b), that Plaintiff Odessa Jones' claims be dismissed without further notice. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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Filing
23
MEMORANDUM AND ORDER - that as to Plaintiff's motion to stay, (Filing No. 20 ), Odessa Jones is given until July 23, 2019 to file a copy of an order appointing her as the personal representative and/or administrator for the estate of James M. J ones. Failure to timely comply with this order will result in the final and immediate dismissal of this case without further notice. The clerk shall correct the docket to reflect that Odessa Jones is suing as the wife of James M. Jones. Defendant is awarded recovery of attorney fees and expenses incurred in performing discovery to determine whether Odessa Jones has the capacity to sue, and for filing its response to Plaintiff's motion to stay, and a. On or before August 1, 2019, Defenda nt shall submit an itemized billing statement of its fees and expenses associated with the capacity to sue discovery and its response to the motion to stay. b. Plaintiff's counsel shall respond to this itemization within ten days thereafter. c. If the parties agree as to the amount to be awarded, on or before August 22, 2019, they shall file a joint stipulation for entry of an order awarding costs and fees to Defendant. d. If the parties do not agree on the attorney fees and co sts to be awarded, or if Plaintiff does not timely respond to the Defendant's itemization and demand, Defendant shall file a motion for assessment of attorney fees and costs by no later than September 5, 2019. This motion shall be submitted in a ccordance with the court's fee application guidelines outlined in Nebraska Civil Rules 54.3 and 54.4, but a supporting brief is not required. e. If a motion for fees is required, the court may award Defendant up to an additional $750.00 to recover the cost of preparing its motion for assessment of fees. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing
17
ORDER - 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. (LKO)
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| Plaintiff: Odessa Jones | |
| Represented By: | Shawn M. Sassaman |
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| Defendant: Union Pacific Railroad Company | |
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