Tapia, et al. v. Union Pacific Railroad Company, et al.
| Javier Tapia and Jennifer Welborn |
| Union Pacific Railroad Company and Union Pacific Corporation |
| 4:2023cv00042 |
| January 6, 2023 |
| US District Court for the Southern District of Texas |
| Sim Lake |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Wrongful Death |
| Both |
Docket Report
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This docket was last retrieved on April 23, 2024. A more recent docket listing may be available from PACER.
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Filing 23
REPLY in Support of #17 MOTION for Summary Judgment , filed by Union Pacific Railroad Company. (Attachments: #1 Exhibit 8)(Knox, Kristopher)
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Filing 22
RESPONSE to #17 MOTION for Summary Judgment filed by Javier Tapia, Jennifer Welborn. (Attachments: #1 Exhibit Plaintiffs Original Petition, #2 Exhibit Interior Facing Train Video, #3 Exhibit Exterior Facing Train Video, #4 Proposed Order Proposed Order)(Demuren, Samantha)
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Filing 21
ORDER - Plaintiffs and Defendants filed a #20 Joint Stipulation of Dismissal stipulating to the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) as to all claims asserted against Defendant, Union Pacific Corporation, only. Accordingly, this Court accepts the stipulation and this action is hereby DISMISSED without prejudice as to all claims asserted against Defendant, Union Pacific Corporation, only. Each party will bear its own costs...*** Union Pacific Corporation terminated..*** Attorney Daniel John Gibson and Kristopher B. Knox terminated. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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Filing 20
STIPULATION of Dismissal by Javier Tapia, Jennifer Welborn, filed.(Demuren, Samantha)
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Filing 19
ORDER - Pending before the court is Union Pacific Corporation's #7 Motion to Dismiss. Because the motion relies in part on an Affidavit that is outside the Plaintiff's Original Petition, Fed. R. Civ. P. 12(d) requires that the motion be treated as a motion for summary judgment. Accordingly, the parties are advised that ten business days from the date of entry of this Order the court will consider Defendant's Motion to Dismiss as a motion for summary judgment. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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Filing 18
EXHIBITS 3 and 4 re: #17 MOTION for Summary Judgment by Union Pacific Railroad Company, submitted on Compact Disc., filed.(jdav, 4)
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Filing 17
MOTION for Summary Judgment by Union Pacific Railroad Company, filed. Motion Docket Date 2/21/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Knox, Kristopher)
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Filing 16
CERTIFICATE OF INTERESTED PARTIES by Javier Tapia, Jennifer Welborn, filed.(Demuren, Samantha)
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Filing 15
DOCKET CONTROL ORDER: Amended Pleadings due by 4/7/2023. Joinder of Parties due by 4/7/2023. Pltf Expert Witness List/Reports due by 5/12/2023. Deft Expert Witness List/Reports due by 6/16/2023. Discovery due by 10/20/2023. Pretrial Motions/Motions in Limine due by 11/3/2023. Joint Pretrial Order due by 12/1/2023...*** Docket Call set for 12/8/2023 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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Filing 14
CLERKS NOTICE OF CANCELLATION - Initial Conference set for 2/3/2023 at 3:00 PM before Judge Sim Lake is CANCELED. Parties notified, filed. (sanderson, 4)
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Filing 13
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Javier Tapia, Jennifer Welborn, filed.(Demuren, Samantha)
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Filing 12
NOTICE of Appearance by Kristopher B. Knox on behalf of Union Pacific Corporation, Union Pacific Railroad Company, filed. (Knox, Kristopher)
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Filing 11
ORDER - Granting #8 Motion for Kristopher B. Knox to Appear Pro Hac Vice for Union Pacific Railroad Company, Union Pacific Corporation Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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Filing 10
CERTIFICATE OF SERVICE IN A REMOVED ACTION by Union Pacific Railroad Company, filed.(Gibson, Daniel)
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Filing 9
CERTIFICATE OF INTERESTED PARTIES by Union Pacific Railroad Company, filed.(Gibson, Daniel)
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Filing 8
MOTION for Kristopher B. Knox to Appear Pro Hac Vice by Union Pacific Railroad Company, filed. Motion Docket Date 2/8/2023. (Gibson, Daniel)
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Filing 7
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Union Pacific Corporation, filed. Motion Docket Date 2/2/2023. (Attachments: #1 Brief In Support of Motion to Dismiss Union Pacific Corp., #2 Exhibit Ex. 1 - ISO MTD)(Gibson, Daniel)
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Filing 6
ANSWER to Complaint with Jury Demand by Union Pacific Railroad Company, filed.(Gibson, Daniel)
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Filing 5
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/3/2023 at 03:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)
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Filing fee received 1/6/2023: $402.00, receipt number ATXSDC-29285442, filed. (knguyen, 4)
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Filing 4
Amended CORPORATE DISCLOSURE STATEMENT by Union Pacific Railroad Company, filed.(Gibson, Daniel)
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Filing 3
CORPORATE DISCLOSURE STATEMENT by Union Pacific Railroad Company, filed.(Gibson, Daniel)
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Filing 2
CORPORATE DISCLOSURE STATEMENT by Union Pacific Railroad Company identifying Union Pacific Corporation as Corporate Parent, filed.(Gibson, Daniel)
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Filing 1
NOTICE OF REMOVAL from Harris County District Court, 215th Judicial District, case number 2022-80508 () filed by Union Pacific Railroad Company. (Attachments: #1 Exhibit Ex. 1 - Process, #2 Exhibit Ex. 2 - Petition, #3 Exhibit Ex. 3 - Docket, #4 Exhibit List of Counsel)(Gibson, Daniel)
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