Powell v. Union Pacific Railroad Company
Plaintiff: Barry Powell
Defendant: Union Pacific Railroad Company
Case Number: 2:2025cv01077
Filed: November 25, 2025
Court: U.S. District Court for the District of Utah
Presiding Judge: Howard C Nielson
Referring Judge: Dustin B Pead
Nature of Suit: Federal Employer's Liability
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 17, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2026 Opinion or Order Filing 34 ORDER granting #33 Motion for Admission Pro Hac Vice of Attorney Frederic A. Bremseth for Barry Powell.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/attorney-admissions#PHV.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 2/17/2026. (dle)
February 16, 2026 Filing 33 MOTION for Admission Pro Hac Vice of Fredric A. Bremseth , Registration fee $ 50, receipt number AUTDC-5699612,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Barry Powell. (Attachments: #1 Text of Proposed Order)(Tuttle, Curtis)
February 4, 2026 Opinion or Order Filing 32 ORDER granting #31 Stipulated Motion for Scheduling Order. Signed by Magistrate Judge Dustin B. Pead on 2/4/2026. (dle)
February 4, 2026 Filing 31 Stipulated MOTION for Scheduling Conference filed by Plaintiff Barry Powell. Motions referred to Dustin B. Pead.(Tuttle, Curtis)
February 3, 2026 Filing 30 NOTICE OF DEFICIENCY re #29 Attorney Planning Meeting Report. Pursuant to the #19 Order to Propose Schedule, a Motion for Scheduling Order must be filed contemporaneously with the Attorney Planning Report. The clerk requests the filer of the original document to file the required pleading. The new pleading will receive a new document number on the docket. (dle)
February 2, 2026 Filing 29 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Supplement Attorney Planning Meeting Report, #2 Text of Proposed Order Scheduling Order)(Tuttle, Curtis)
January 27, 2026 Filing 28 NOTICE of Appearance by Curtis M. Tuttle on behalf of Barry Powell (Tuttle, Curtis)
January 26, 2026 Opinion or Order Filing 27 DOCKET TEXT ORDER: FAILURE TO COMPLY WITH ORDER TO PROPOSE SCHEDULE. The deadline to comply with the court's Order to Propose Schedule #19 has passed. Accordingly, the parties are hereby ORDERED to meet and confer and file a stipulated motion for scheduling order no later than February 2, 2026. Failure to do so may result in dismissal for failure to prosecute or comply with court orders. No attached document Signed by Magistrate Judge Dustin B. Pead on 1/26/2026. (amn)
January 6, 2026 Opinion or Order Filing 26 ORDER granting #23 Motion for Admission Pro Hac Vice of Attorney Jacob Woods for Union Pacific Railroad Company.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 1/6/2026. (dle)
January 6, 2026 Opinion or Order Filing 25 ORDER granting #22 Motion for Admission Pro Hac Vice of Attorney Shannon M. Hurley for Union Pacific Railroad Company.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 1/6/2026. (dle)
January 6, 2026 Filing 24 MOTIONS REFERRED - #23 MOTION for Admission Pro Hac Vice of Jacob Woods, #22 MOTION for Admission Pro Hac Vice of Shannon Hurley. Motions referred to Dustin B. Pead. (dle)
January 5, 2026 Filing 23 MOTION for Admission Pro Hac Vice of Jacob Woods , Registration fee $ 50, receipt number AUTDC-5657250,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Union Pacific Railroad Company. (Attachments: #1 Text of Proposed Order)(Rossi, Gina)
January 5, 2026 Filing 22 MOTION for Admission Pro Hac Vice of Shannon Hurley , Registration fee $ 50, receipt number AUTDC-5657206,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Union Pacific Railroad Company. (Attachments: #1 Text of Proposed Order Proposed Order)(Rossi, Gina)
December 9, 2025 Filing 21 NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Plaintiff Barry Powell, Defendant Union Pacific Railroad Company. (dle)
December 8, 2025 Filing 20 ANSWER to #1 Complaint, with Jury Demand filed by Union Pacific Railroad Company.(Rossi, Gina)
December 3, 2025 Opinion or Order Filing 19 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 12/3/2025. (dle)
December 2, 2025 Opinion or Order Filing 18 CIVIL STANDING ORDER. Signed by Judge Howard C. Nielson, Jr on 12/2/2025. (ks)
December 2, 2025 Opinion or Order Filing 17 DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 12/2/2025. (ks)
November 25, 2025 Filing 16 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice emailed to attorney Jacob Russell Woods and Shannon Hurley for Union Pacific Railroad Company. (sg)
November 25, 2025 Filing 15 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice emailed to attorney Fredric A. Bremseth for Barry Powell. (sg)
November 25, 2025 Filing 14 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-3, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at [email protected] or mail at the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Defendant Union Pacific Railroad Company. (Notice generated by Clerk's Office) Form due by 12/16/2025. (sg)
November 25, 2025 Filing 13 Case transferred in from USDC of Colorado; Case Number 1:25-cv-02554. Original file, certified copy of transfer order and docket sheet received. District Judge Howard C. Nielson assigned to the case. New case number 2:25-cv-01077-HCN.
November 25, 2025 Opinion or Order Filing 12 ORDER. For good cause shown, the Parties' Stipulated Motion to Transfer Venue [ECF #10 ] and by extension Defendant's Motion to Transfer Venue [ECF #9 ] are granted. The Clerk of Court shall transfer this civil action to the District of Utah. Thereafter, the Clerk of Court shall close this case as filed in the District of Colorado for administrative purposes. By Magistrate Judge Timothy P. O'Hara on 11/25/2025. (amona,) [Transferred from Colorado on 11/25/2025.]
November 21, 2025 Opinion or Order Filing 11 MINUTE ORDER. This matter comes before this Court upon its own review of the case record. The Parties have filed Stipulated Motion to Transfer. While that Motion is pending review, the Scheduling Conference set on December 4, 2025 and its related deadlines are vacated. By Magistrate Judge Timothy P O'Hara on 11/21/2025. (amona,) [Transferred from Colorado on 11/25/2025.]
October 30, 2025 Filing 10 Stipulated MOTION to Transfer Case Venue by Defendant Union Pacific Railroad Company. (Woods, Jacob) [Transferred from Colorado on 11/25/2025.]
September 25, 2025 Filing 9 MOTION to Transfer Case Defendant's Motion to Transfer Venue by Defendant Union Pacific Railroad Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hurley, Shannon) [Transferred from Colorado on 11/25/2025.]
September 12, 2025 Opinion or Order Filing 8 MINUTE ORDER by Magistrate Judge Timothy P. O'Hara on 9/12/2025. Defendant's Motion for Extension of Time [ECF #5 ] is granted. The deadline for Defendant to answer or otherwise respond to Plaintiff's complaint is extended to September 25, 2025.(ggill, ) [Transferred from Colorado on 11/25/2025.]
September 11, 2025 Filing 7 NOTICE of Entry of Appearance by Jacob Russell Woods on behalf of Union Pacific Railroad CompanyAttorney Jacob Russell Woods added to party Union Pacific Railroad Company(pty:dft) (Woods, Jacob) [Transferred from Colorado on 11/25/2025.]
September 11, 2025 Filing 6 NOTICE of Entry of Appearance by Gina Marie Rossi on behalf of Union Pacific Railroad CompanyAttorney Gina Marie Rossi added to party Union Pacific Railroad Company(pty:dft) (Rossi, Gina) [Transferred from Colorado on 11/25/2025.]
September 11, 2025 Filing 5 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint by Defendant Union Pacific Railroad Company. (Hurley, Shannon) [Transferred from Colorado on 11/25/2025.]
September 2, 2025 Opinion or Order Filing 4 MINUTE ORDER by Magistrate Judge Timothy P. O'Hara on 9/2/2025. The above captioned case has been directly assigned to Magistrate Judge OHara pursuant to D.C.COLO.LCivR 40.1. The Parties shall complete and file the Magistrate Judge Consent Form [ECF 3-1] on or before November 20, 2025. The Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on December 4, 2025 at 11:30 a.m. (Mountain Time) in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. Although this Court generally prefers in-person attendance, counsel for Plaintiff who is outside Colorado may appear remotely. To connect to the courtroom remotely via video teleconference, counsel shall use the attached Cisco Meeting App Instructions. No later than seven days before the Scheduling Conference, the Parties shall (1) file their Proposed Scheduling Order onto the case docket sheet and (2) submit the proposed Scheduling Order in Word format by joint email, copying all Parties, to Chambers at #o'[email protected]. (ggill, ) [Transferred from Colorado on 11/25/2025.]
August 15, 2025 Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (eluce, ) [Transferred from Colorado on 11/25/2025.]
August 15, 2025 Filing 2 Case assigned to Magistrate Judge Timothy P O'Hara. Text Only Entry. (eluce, ) [Transferred from Colorado on 11/25/2025.]
August 15, 2025 Filing 1 COMPLAINT against Barry Powell (Filing fee $ 405,Receipt Number ACODC-10498530)Attorney Fredric A. Bremseth added to party Barry Powell(pty:pla), filed by Barry Powell. (Attachments: #1 Summons)(Bremseth, Fredric) [Transferred from Colorado on 11/25/2025.]

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Plaintiff: Barry Powell
Represented By: Fredric A. Bremseth, I
Represented By: Fredric A. Bremseth, I
Represented By: Curtis M. Tuttle
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Defendant: Union Pacific Railroad Company
Represented By: Gina Marie Rossi
Represented By: Shannon M. Hurley
Represented By: Shannon M. Hurley
Represented By: Jacob Woods
Represented By: Jacob Woods
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