Proctor v. Union Pacific Railroad Company
| Jack Proctor |
| Union Pacific Railroad Company |
| 8:2020cv00094 |
| March 9, 2020 |
| US District Court for the District of Nebraska |
| Brian C Buescher |
| 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 July 1, 2021. A more recent docket listing may be available from PACER.
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Filing 50
JUDGMENT - This matter is before the Court on the parties' Joint Dismissal with Prejudice. Filing #49 . Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this case is dismissed with prejudice, each party to bear its own fees and costs. Ordered by Judge Brian C. Buescher. (MKR)
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| Filing 49 JOINT STIPULATION FOR DISMISSAL with Prejudice by Attorney Anne M. O'Brien on behalf of Defendant Union Pacific Railroad Company.(O'Brien, Anne) |
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Filing 48
SETTLEMENT ORDER. It is ordered that within 30 days calendar days of the date of this order, the parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of court. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. This case is removed from the court's current trial docket upon representation by the parties that the case has settled. Dismissal Papers Deadline due by 7/9/2021.Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Filing 47
TEXT ORDER granting 46 Motion to Continue. Plaintiff's anticipated motion to enforce the parties' settlement shall be filed on or before June 3,2021. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| Filing 46 TEXT ORAL MOTION to Continue (UNOPPOSED)(Zwart, Cheryl) |
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Filing 45
ORDER - Plaintiff's anticipated motion to enforce the parties' settlement shall be filed on or before May 26, 2021. The trial and pretrial conference settings, and any other remaining case progression deadlines, are vacated pending further order of the court. If upon Plaintiff's motion to enforce, the court finds that there was no meeting of the minds as to all material terms and therefore no settlement of this case, within ten (10) days of that ruling, the parties shall schedule a conference call with the undersigned magistrate judge to discuss a new trial and pretrial conference date. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Filing 44
TEXT ORDER SETTING HEARING: A telephone conference is set for May 11, 2021 at 01:00 PM before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (JLK)
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| Filing 43 NOTICE of Service by Attorney Daniel Hassing on behalf of Defendant Union Pacific Railroad Company (Hassing, Daniel) |
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Filing 42
TEXT ORDER granting #41 Stipulation. This matter is scheduled for mediation on April 13, 2021. If the mediation does not fully resolve the dispute between the parties, Plaintiff may take the evidentiary deposition of Dr. Owen Kelly on or before May 14, 2021. Ordered by Magistrate Judge Cheryl R. Zwart. (JLK)
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| Filing 41 STIPULATION as to Deposition of Dr. Owen Kelly by Attorney Paul A. Banker on behalf of Plaintiff Jack Proctor.(Banker, Paul) |
| Filing 40 NOTICE of Service by Attorney Anne M. O'Brien on behalf of Defendant Union Pacific Railroad Company (O'Brien, Anne) |
| Filing 39 NOTICE of Service by Attorney Daniel Hassing on behalf of Defendant Union Pacific Railroad Company (Hassing, Daniel) |
| Filing 38 NOTICE of Service by Attorney Daniel Hassing on behalf of Defendant Union Pacific Railroad Company (Hassing, Daniel) |
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Filing 37
AMENDED ORDER -The jury trial of this case is set to commence before Brian C. Buescher, United States District Judge, in Courtroom 5, United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on June 8, 2021, 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 other civil cases as may be scheduled for trial before this one. Jury selection will be held at the commencement of trial. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on May 20, 2021 at 9:00 a.m., and will be conducted by internet/telephonic conferencing. The court will provide conferencing instructions to participate in the conference. The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in Word format, by 5:00 p.m. on May 18, 2021. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Filing 36
ORDER - The jury trial of this case is set to commence before Brian C. Buescher, United States District Judge, in Courtroom 5, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on June 8, 2021, 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 other civil cases as may be scheduled for trial before this one. Jury selection will be held at the commencement of trial. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on May 20, 2021 at 9:00 a.m., and will be conducted by internet/telephonic conferencing. The court will provide conferencing instructions to participate in the conference. The parties' proposed Pretrial Conference Order and Exhibit List(s) must be emailed to zwart@ned.uscourts.gov, in Word format, by 5:00 p.m. on May 18, 2021. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
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Filing 35
TEXT ORDER granting #34 Motion to Extend. Union Pacific Railroad Company is given until March 15, 2021 to disclose its experts under Rule 26.All other case progression deadlines are unchanged. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| Filing 34 JOINT MOTION to Extend by Attorney Daniel Hassing on behalf of Defendant Union Pacific Railroad Company.(Hassing, Daniel) |
| Filing 33 NOTICE of Service by Attorney Daniel Hassing on behalf of Defendant Union Pacific Railroad Company (Hassing, Daniel) |
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Filing 32
FINAL PROGRESSION ORDER (AMENDED) - The deposition deadline, including but not limited to depositions for oral testimony only under Rule 45, is April 9, 2021. The maximum number of depositions that may be taken by the plaintiffs as a group and the defendants as a group is 7. The trial and pretrial conference will not be set at this time. A status conference to discuss case progression, the parties interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on March 9, 2021 at 9:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference.Ordered by Magistrate Judge Cheryl R. Zwart. (LRM)
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Filing 31
TEXT ORDER SETTING HEARING: A telephone conference to discuss case progression and potential stay is set for November 4, 2020 at 10:00 AM before Magistrate Judge Cheryl R. Zwart. The status conference previously set for November 10, 2020 at 11:00 AM is cancelled. Ordered by Magistrate Judge Cheryl R. Zwart. (JLK)
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| Filing 30 MOTION to Stay by Attorney Daniel Hassing on behalf of Defendant Union Pacific Railroad Company. (Attachments: #1 Affidavit)(Hassing, Daniel) |
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Filing 29
PROTECTIVE ORDER. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
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Filing 28
TEXT ORDER approving #27 Stipulation. Ordered by Magistrate Judge Cheryl R. Zwart. (JLK)
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| Filing 27 STIPULATION as to Witness Nancy Anthony by Attorney Randal W. LeNeave on behalf of Plaintiff Jack Proctor.(LeNeave, Randal) |
| Filing 26 NOTICE of Service by Attorney Anne M. O'Brien on behalf of Defendant Union Pacific Railroad Company (O'Brien, Anne) |
| Filing 25 NOTICE of Service by Attorney Anne M. O'Brien on behalf of Defendant Union Pacific Railroad Company (O'Brien, Anne) |
| Filing 24 AMENDED ANSWER to Complaint with with jury demand by Union Pacific Railroad Company (Hassing, Daniel) |
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Filing 23
TEXT ORDER granting #22 Motion for Leave. Defendant's amended answer, a copy of which is attached to its motion, shall be filed on or before August 25, 2020. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| Filing 22 UNOPPOSED MOTION for Leave to File Amended Answer by Attorney Daniel Hassing on behalf of Defendant Union Pacific Railroad Company. (Attachments: #1 Exhibit Proposed Amended Answer)(Hassing, Daniel) |
| Filing 21 AUDIO FILE. Court Date & Time [ 8/6/2020 9:03:15 AM ]. File Size [ 6122 KB ]. Run Time [ 00:25:30 ]. (Telephone Conference). (auto-docket). |
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Filing 20
TEXT ORDER SETTING HEARING: A telephonic discovery dispute conference is set for August 6, 2020 at 09:00 AM before the undersigned magistrate judge. Ordered by Magistrate Judge Cheryl R. Zwart. (JLK)
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Filing 19
FINAL PROGRESSION ORDER - Depositions due February 1, 2021. The trial and pretrial conference will not be set at this time. A status conference to discuss case progression, the parties interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on November 10, 2020 at 11:00 a.m. by telephone. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
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| Filing 18 NOTICE of Service by Attorney Daniel Hassing on behalf of Defendant Union Pacific Railroad Company (Hassing, Daniel) |
| Filing 17 NOTICE of Service by Attorney Daniel Hassing on behalf of Defendant Union Pacific Railroad Company (Hassing, Daniel) |
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Filing 16
TEXT ORDER approving #15 Stipulation as to Remote Deposition Procedures. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 15 STIPULATION as to Remote Deposition Procedures by Attorney Randal W. LeNeave on behalf of Plaintiff Jack Proctor.(LeNeave, Randal) |
| Filing 14 REPORT of Rule 26(f) Planning Meeting by Attorney Randal W. LeNeave on behalf of Plaintiff Jack Proctor.(LeNeave, Randal) |
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Filing 13
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. (TCL)
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Filing 12
SCHEDULING ORDER - Rule 26 Meeting Report Deadline set for 4/30/2020.Ordered by Magistrate Judge Cheryl R. Zwart. (TCL)
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| Filing 11 NOTICE of Appearance by Attorney Paul A. Banker on behalf of Plaintiff Jack Proctor (Banker, Paul) |
| Filing 10 NOTICE of Appearance of Counsel by Attorney Jayson D. Nelson on behalf of Plaintiff Jack Proctor (Nelson, Jayson) |
| Filing 9 NOTICE of Appearance by Attorney Anne M. O'Brien on behalf of Defendant Union Pacific Railroad Company (O'Brien, Anne) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Union Pacific Corporation for Union Pacific Railroad Company. by Attorney Daniel Hassing on behalf of Defendants Union Pacific Railroad Company, Union Pacific Corporation.(Hassing, Daniel) |
| Filing 7 DEMAND for Trial by Jury by Attorney Daniel Hassing on behalf of Defendant Union Pacific Railroad Company.(Hassing, Daniel) |
| Filing 6 ANSWER to Complaint by Union Pacific Railroad Company (Hassing, Daniel) |
| Filing 5 SUMMONS Returned Executed upon defendant Union Pacific Railroad Company on 3/10/2020. (LeNeave, Randal) |
| Filing 4 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. (LRM) |
| Filing 3 TEXT NOTICE OF JUDGES ASSIGNED: Judge Brian C. Buescher 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. (LRM) |
| Filing 2 Summons Requested as to regarding Complaint #1 . (LeNeave, Randal) |
| Filing 1 COMPLAINT with jury demand against Union Pacific Railroad Company ( Filing fee $ 400, receipt number ANEDC-4128300), by Attorney Randal W. LeNeave on behalf of Jack Proctor (Attachments: #1 Civil Cover Sheet)(LeNeave, Randal) |
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| Defendant: Union Pacific Railroad Company | |
| Represented By: | Daniel Hassing |
| Represented By: | Anne M. O'Brien |
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| Plaintiff: Jack Proctor | |
| Represented By: | Randal W. LeNeave |
| Represented By: | Jayson D. Nelson |
| Represented By: | Paul A. Banker |
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