Hess v. Union Pacific Railroad Co.
Plaintiff: James Hess
Defendant: Union Pacific Railroad Co.
Case Number: 8:2023cv00205
Filed: May 18, 2023
Court: US District Court for the District of Nebraska
Presiding Judge: Robert F Rossiter
Referring Judge: Cheryl R Zwart
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 42 U.S.C. ยง 12101 Americans with Disabilities Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 6, 2023 Filing 15 NOTICE of regarding Reply Brief #14 Request for Judicial Notice by Attorney Mark J. Goldsmith on behalf of Defendant Union Pacific Railroad Co. (Attachments: #1 Exhibit 1)(Goldsmith, Mark)
July 6, 2023 Filing 14 REPLY BRIEF in support of MOTION to Dismiss Plaintiff's Complaint #6 , Response #12 by Attorney Mark J. Goldsmith on behalf of Defendant Union Pacific Railroad Co..(Goldsmith, Mark)
June 29, 2023 Filing 13 DECLARATION regarding Response #12 by Attorney Lucas J. Kaster on behalf of Plaintiff James Hess. (Attachments: #1 Exhibit 1 - Excerpts from Dr. John Holland Deposition Transcript, dated March 28, 2017, #2 Exhibit 2 - 2018.04.09 Letter from Allison Balus to Nichols Kaster, #3 Exhibit 3 - Compilation of Defendants written discovery responses from Harris v. Union Pacific R.R. Co., No. 8:16-cv-381 (D. Neb.), highlighted and bookmarked for the Courts convenience, #4 Exhibit 4 - Defs Fourth Supp. Answers to Interrogatories, Set 1, #5 Exhibit 5 - Defs Fifth Supp. Answers to Interrogatories, Set 1, #6 Exhibit 6 - Second Class List, #7 Exhibit 7 - 2018.02.25 Email from Allison Balus to Nichols Kaster, #8 Exhibit 8 - Third Class List, #9 Exhibit 9 - Plfs. Motion for Class Cert., Harris, No. 8:16-cv-381, ECF No. 240, #10 Exhibit 10 - Plfs. Mem. In Support of Mot. For Class Certification, Harris, No. 8:16-cv-381, ECF No. 249, #11 Exhibit 11 - Plfs. Reply In Support of Mot. For Class Certification, Harris, No. 8:16-cv-381, ECF No. 289, #12 Exhibit 12 - Class Declarations, Harris, No. 8:16-cv-381, ECF No. 248-33, #13 Exhibit 13 - Opening Br. for Appellant, Harris, No. 19-1514 (8th Cir. Apr. 25, 2019), #14 Exhibit 14 - Reply Br. For Appellant, Harris, No. 19-1414 (8th Cir. July 16, 2019), #15 Exhibit 15 - Plfs. Second Amended Answers to Defs Second Interrogatories., #16 Exhibit 16 - 2017.07.07 Email from Scott Moore to Nichols Kaster, #17 Exhibit 17 - 2019.02.07 Letter from James Kaster to Defense Counsel, #18 Exhibit 18 - 2021.01.05 Letter from James Kaster to Defense Counsel, #19 Exhibit 19 - Union Pacifics Pet. For Permission to Appeal, Harris, No. 19-8006 (8th Cir. Feb. 20, 2019), #20 Exhibit 20 - Defs Br. In Oppn to Mot. For Class Certification, Harris, No. 8:16-cv-381, ECF No. 259)(Kaster, Lucas)
June 29, 2023 Filing 12 RESPONSE regarding MOTION to Dismiss Plaintiff's Complaint #6 by Attorney Lucas J. Kaster on behalf of Plaintiff James Hess.(Kaster, Lucas)
June 23, 2023 Filing 11 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Union Pacific Corporation for Union Pacific Railroad Co.. by Attorney Mark J. Goldsmith on behalf of Defendants Union Pacific Railroad Co., Union Pacific Corporation.(Goldsmith, Mark)
June 9, 2023 Filing 10 TEXT NOTICE REGARDING Brief #7 . This filing does not contain a Certificate of Compliance as required by NECivR 7.1(d)(3). This notice is for your information for future filings.(MLF)
June 9, 2023 Filing 9 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Union Pacific Railroad Co.. 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.(MLF)
June 8, 2023 Filing 8 NOTICE of regarding MOTION to Dismiss Plaintiff's Complaint #6 Request for Judicial Notice by Attorney Mark J. Goldsmith on behalf of Defendant Union Pacific Railroad Co. (Attachments: #1 Exhibit A, #2 Exhibit B)(Goldsmith, Mark)
June 8, 2023 Filing 7 BRIEF in support of MOTION to Dismiss Plaintiff's Complaint #6 by Attorney Mark J. Goldsmith on behalf of Defendant Union Pacific Railroad Co..(Goldsmith, Mark)
June 8, 2023 Filing 6 MOTION to Dismiss Plaintiff's Complaint by Attorney Mark J. Goldsmith on behalf of Defendant Union Pacific Railroad Co..(Goldsmith, Mark)
May 19, 2023 Filing 5 SUMMONS Returned Executed upon defendant Union Pacific Railroad Co. on 5/19/2023. (Baures, Laura)
May 18, 2023 Filing 4 Summons Issued as to defendant Union Pacific Railroad Co. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LKO)
May 18, 2023 Filing 3 TEXT NOTICE OF JUDGES ASSIGNED: Chief Judge Robert F. Rossiter, Jr. 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)
May 18, 2023 Filing 2 Summons Requested as to Union Pacific Railroad Co. regarding Complaint #1 . (Baures, Laura)
May 18, 2023 Filing 1 COMPLAINT with jury demand against Union Pacific Railroad Co. ( Filing fee $ 402, receipt number ANEDC-4866784), by Attorney Laura Baures on behalf of James Hess (Attachments: #1 Exhibit A - Medical Rules)(Baures, Laura)

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Plaintiff: James Hess
Represented By: James H. Kaster
Represented By: Lucas J. Kaster
Represented By: Laura Baures
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Defendant: Union Pacific Railroad Co.
Represented By: Mark J. Goldsmith
Represented By: Scott P. Moore
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