Williams v. Union Pacific Railroad Company
| John F. Williams and Joyce A. Williams |
| Union Pacific Railroad Company |
| 8:2019cv00140 |
| April 2, 2019 |
| US District Court for the District of Nebraska |
| Joseph F Bataillon |
| Cheryl R Zwart |
| Federal Employer's Liability |
| 45 U.S.C. § 51 Railways: Fed. Employer's Liability Act |
| Both |
Docket Report
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This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
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Filing 29
ORDER - that the motions to withdraw filed by Bryant A. Andrews, as counsel of record for Defendant are granted. Bryant A. Andrews shall no longer receive electronic notice in this case. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing 28
ORDER - This matter comes before the Court on the plaintiff's Notice of Dismissal without Prejudice (Filing No. #27 ). The Court being advised in the premises finds that such an Order is proper. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this action be dismissed without prejudice, with each party to bear their own costs. Ordered by Senior Judge Joseph F. Bataillon. (LAC)
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| Filing 27 NOTICE of Case Dismissal without Prejudice by Attorney Shawn M. Sassaman on behalf of Plaintiff Joyce A. Williams (Sassaman, Shawn) |
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Filing 26
FINAL PROGRESSION ORDER (AMENDED) - Depositions due August 9, 2021. The Pretrial Conference set for October 20, 2021 at 9:00 a.m. is cancelled. The trial and pretrial conference will not be reset at this time. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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| Filing 25 ANSWER to Amended Complaint #23 by Union Pacific Railroad Company (Reinhart, Laura) |
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Filing 24
TEXT ORDER - IT IS ORDERED that this case is no longer stayed, as Plaintiff has filed an Amended Complaint naming the personal representative for the estate as the plaintiff. (See Filing No. #23 ). Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 23 AMENDED COMPLAINT with with jury demand against Defendant Union Pacific Railroad Company, by Attorney Shawn M. Sassaman on behalf of John F. Williams(Sassaman, Shawn) |
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Filing 22
TEXT ORDER granting #21 Plaintiff's unopposed motion for leave to file an amended complaint naming the personal representative for the estate as the plaintiff. The amended complaint shall be filed on or before February 26, 2021. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 21 UNOPPOSED MOTION for Leave to File an Amended Complaint Naming the Personal Representative of the Estate as the Plaintiff by Attorney Shawn M. Sassaman on behalf of Plaintiff John F. Williams. (Attachments: #1 Exhibit Letters of Appointment)(Sassaman, Shawn) |
| Filing 20 NOTICE of Appearance by Attorney Bryant A. Andrews on behalf of Defendant Union Pacific Railroad Company (Andrews, Bryant) |
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Filing 19
ORDER that this case is stayed until March 29, 2021, pending a determination of whether the decedent's claims will be revived and further litigated by Plaintiff's estate. On or before March 29, 2021, Plaintiff's counsel shall either: 1) move to voluntarily dismiss this case; 2) file a motion to substitute Plaintiff's estate or personal representative as the named Plaintiff in this action; or, 3) file a report advising the court as to whether Plaintiff's estate intends to further litigate this action and the current status of any court proceedings (state or bankruptcy) underway that may impact the progression of this case. Absent timely compliance with this order, the claims filed by decedent may be subject to dismissal pursuant to Fed. R. Civ. P. 25(a)(1). The clerk shall set a case management deadline of April 1, 2021 to confirm compliance with this order. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing 18
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)
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| Filing 17 NOTICE of Death of the Plaintiff, John F. Williams by Attorney Shawn M. Sassaman on behalf of Plaintiff John F. Williams (Sassaman, Shawn) |
| Filing 16 NOTICE of Appearance by Attorney Andrew W. Reinhart on behalf of Defendant Union Pacific Railroad Company (Reinhart, Andrew) |
| Filing 15 NOTICE of Appearance by Attorney Laura L. Reinhart on behalf of Defendant Union Pacific Railroad Company (Reinhart, Laura) |
| Filing 14 NOTICE of Appearance by Attorney Joseph J. Cappelli on behalf of Plaintiff John F. Williams (Cappelli, Joseph) |
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Filing 13
AMENDED PROGRESSION ORDER - Any existing status conference, telephone conference, and settlement conference settings are vacated. Pretrial Conference set for 10/20/2021 at 09:00 AM by Internet/Telephonic Conferencing before Magistrate Judge Cheryl R. Zwart. Depositions due April 9, 2021. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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| Filing 12 NOTICE of Serving Rule 26(a) and Discovery to Plaintiff by Attorney John M. Walker on behalf of Defendant Union Pacific Railroad Company (Walker, John) |
| Filing 11 NOTICE of Appearance by Attorney John M. Walker on behalf of Defendant Union Pacific Railroad Company (Walker, John) Modified on 7/18/2019 to reflect appearance is for Defendant (ADB). |
| Filing 10 SUMMONS Returned Executed upon defendant Union Pacific Railroad Company on 5/21/2019. (Sassaman, Shawn) |
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Filing 9
CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing 8
PROGRESSION ORDER - Depositions due September 18, 2020. Settlement Conference set for 10/22/2020 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Magistrate Judge Cheryl R. Zwart. Status Conference set for 9/23/2020 at 09:00 AM by Telephone before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC) Modified on 6/11/2019 to correct docket text dates(LAC).
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| Filing 7 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Union Pacific Corporation for Union Pacific Railroad Company. by Attorney David J. Schmitt on behalf of Defendants Union Pacific Railroad Company, Union Pacific Corporation.(Schmitt, David) |
| Filing 6 ANSWER to Complaint with with jury demand by Union Pacific Railroad Company (Schmitt, David) |
| Filing 5 Summons Issued as to defendant Union Pacific Railroad Company. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LKO) |
| Filing 4 Summons Requested as to regarding Complaint #1 . (Sassaman, Shawn) |
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Filing 3
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)
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| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Cheryl R. Zwart 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. (LKO) |
| Filing 1 COMPLAINT with jury demand against Union Pacific Railroad Company ( Filing fee $ 400, receipt number ANEDC-3905675), by Attorney Shawn M. Sassaman on behalf of John F. Williams (Attachments: #1 Civil Cover Sheet)(Sassaman, Shawn) |
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