BNSF Railway Company v. Ruan Logistics Corporation et al
Plaintiff: BNSF Railway Company
Defendant: Ruan Logistics Corporation and Donald J Brittain
Case Number: 1:2019cv00851
Filed: September 16, 2019
Court: US District Court for the District of New Mexico
Presiding Judge: Laura Fashing
Referring Judge: Gregory J Fouratt
Nature of Suit: Personal Property: Other
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2019 Opinion or Order Filing 34 ORDER by Magistrate Judge Laura Fashing granting #33 Joint Unopposed Motion to Vacate Initial Scheduling Order [Doc.19] And For Limited Stay Pending Settlement Conference (Doc. 33). No later than 30 days after the deposition of Officer Whittingham, the Parties shall file a Notice with the Court informing it of the date of the settlement conference/mediation. (ccp)
November 6, 2019 Filing 33 MOTION to Vacate by BNSF Railway Company. (Rodriguez, Justin)
October 25, 2019 Filing 32 Ruan Logistics Corporation's ANSWER to #24 Amended Complaint for Damages, COUNTERCLAIM for Damages against BNSF Railway Company by Ruan Logistics Corporation.(Robbs, Justin)
October 25, 2019 Filing 31 Donald J. Brittain's ANSWER to #24 Amended Complaint for Damages, COUNTERCLAIM for Personal Injuries against BNSF Railway Company by Donald J Brittain.(Robbs, Justin)
October 24, 2019 Filing 30 MOTION to Dismiss As Curry County Indispensable Party by Donald J Brittain. (Williams, Bryan)
October 22, 2019 Filing 29 NOTICE OF RULE 73 CONSENT Received by All Parties. Related documents: 20 Consent to Proceed Before a U.S. Magistrate Judge, filed by BNSF Railway Company and 28 Consent to Proceed Before a U.S. Magistrate Judge, filed by Donald J Brittain, Ruan Logistics Corporation. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (vrr)
October 22, 2019 Filing 28 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Donald J Brittain, Ruan Logistics Corporation voluntarily consent(s) to have United States Magistrate Judge Gregory J. Fouratt conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Robbs, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
October 21, 2019 Filing 27 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that, because a dispositive motion has been filed, the Clerk will reassign this matter to a district judge as the trial judge no later than November 4, 2019, unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (mm)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
October 21, 2019 Filing 26 RESPONSE to Motion re #10 MOTION for Judgment on the Pleadings Against Plaintiff for Failure to State a Claim and Supporting Memorandum Brief filed by BNSF Railway Company. (Rodriguez, Justin)
October 21, 2019 Filing 25 RESPONSE to Motion re #10 MOTION for Judgment on the Pleadings Against Plaintiff for Failure to State a Claim and Supporting Memorandum Brief filed by BNSF Railway Company. (Rodriguez, Justin)
October 10, 2019 Filing 24 AMENDED COMPLAINT against Donald J Brittain, Ruan Logistics Corporation., filed by BNSF Railway Company. (Rodriguez, Justin)
October 10, 2019 Filing 23 Amended ANSWER to #1 Complaint for Damages by Donald J Brittain. Related document: #1 Complaint filed by BNSF Railway Company.(Robbs, Justin)
October 10, 2019 Filing 22 NOTICE of Appearance by Cari E Neill on behalf of Donald J Brittain (Neill, Cari)
October 10, 2019 Filing 21 NOTICE of Appearance by Justin L. Robbs on behalf of Donald J Brittain (Robbs, Justin)
October 10, 2019 Filing 20 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), BNSF Railway Company voluntarily consent(s) to have United States Magistrate Judge Gregory J. Fouratt conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Rodriguez, Justin)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
October 10, 2019 Opinion or Order Filing 19 INITIAL SCHEDULING ORDER by Magistrate Judge Laura Fashing setting a telephonic Rule 16 Initial Scheduling Conference for 11/21/2019 at 02:30 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Joint Status Report and Provisional Discovery Plan due by 11/14/2019. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 10/31/2019. (cda) Modified text on 10/10/2019 (bap).
October 9, 2019 Filing 18 NOTICE of Appearance by Cari E Neill on behalf of Ruan Logistics Corporation (Neill, Cari)
October 9, 2019 Filing 17 NOTICE of Appearance by Cari E Neill on behalf of Donald J Brittain (Neill, Cari)
October 9, 2019 Filing 16 DEMAND for Trial by Jury by Ruan Logistics Corporation (Robbs, Justin)
October 9, 2019 Filing 15 Defendant Ruan's ANSWER to #1 Complaint for Damages, COUNTERCLAIM against BNSF Railway Company by Ruan Logistics Corporation. Related document: #1 Complaint filed by BNSF Railway Company.(Robbs, Justin)
October 9, 2019 Filing 14 MOTION for Judgment on the Pleadings Against Plaintiff for Failure to State a Claim and Supporting Memorandum Brief by Ruan Logistics Corporation. (Robbs, Justin)
October 9, 2019 Filing 13 NOTICE of Appearance by Justin L. Robbs on behalf of Ruan Logistics Corporation (Robbs, Justin)
October 9, 2019 Filing 12 DEMAND for Trial by Jury by Donald J Brittain (Robbs, Justin)
October 9, 2019 Filing 11 Defendant Donald J. Brittain's ANSWER to #1 Complaint for Damages by Donald J Brittain. Related document: #1 Complaint filed by BNSF Railway Company.(Robbs, Justin)
October 9, 2019 Filing 10 MOTION for Judgment on the Pleadings Against Plaintiff for Failure to State a Claim and Supporting Memorandum Brief by Donald J Brittain. (Robbs, Justin)
October 9, 2019 Filing 9 NOTICE of Appearance by Justin L. Robbs on behalf of Donald J Brittain (Robbs, Justin)
October 9, 2019 Filing 8 NOTICE of Appearance by Justin L. Robbs on behalf of Donald J Brittain (Robbs, Justin)
October 8, 2019 Filing 7 NOTICE of Appearance by Bryan L Williams on behalf of Donald J Brittain (Williams, Bryan)
September 26, 2019 Filing 6 SUMMONS Returned Executed by BNSF Railway Company. Ruan Logistics Corportation served on 9/19/2019, answer due 10/10/2019. (Rodriguez, Justin) Modified text on 9/27/2019 (vh).
September 19, 2019 Filing 5 SUMMONS Returned Executed by BNSF Railway Company. Donald J Brittain served on 9/18/2019, answer due 10/9/2019. (Rodriguez, Justin)
September 17, 2019 Summons Issued as to Donald J Brittain, Ruan Logistics Corporation. (jg)
September 16, 2019 Filing 4 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
September 16, 2019 United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Laura Fashing assigned. (jg)
September 16, 2019 Filing 3 Corporate Disclosure Statement by BNSF Railway Company (Rodriguez, Justin)
September 16, 2019 Filing 2 DEMAND for Trial by Jury by BNSF Railway Company (Rodriguez, Justin)
September 16, 2019 Filing and Administrative Fees Received: $ 400 receipt number 1084-6673294 re #1 Complaint filed by BNSF Railway Company (Payment made via Pay.gov)(Rodriguez, Justin)
September 16, 2019 Filing 1 COMPLAINT for Damages against All Defendants ( Filing Fee - Online Payment), filed by BNSF Railway Company. (Attachments: #1 Civil Cover Sheet)(Rodriguez, Justin)

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Defendant: Ruan Logistics Corporation
Represented By: Justin L. Robbs
Represented By: Cari E Neill
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Defendant: Donald J Brittain
Represented By: Bryan L Williams
Represented By: Justin L. Robbs
Represented By: Cari E Neill
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Plaintiff: BNSF Railway Company
Represented By: Julia E. McFall
Represented By: Justin D Rodriguez
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