Ladue et al v. Kettle Falls International Railway LLC et al
| Michael LaDue and Amanda Ladue |
| Kettle Falls International Railway LLC and Omnitrax Inc |
| Department of Labor and Industries of the State of Washington |
| 2:2021cv00205 |
| July 13, 2021 |
| US District Court for the Eastern District of Washington |
| Spokane Office |
| Rosanna Malouf Peterson |
| Federal Employer's Liability |
| 45 U.S.C. § 51 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 8, 2022. A more recent docket listing may be available from PACER.
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Filing 37
ORDER GRANTING #36 MOTION FOR LEAVE TO WITHDRAW; Attorney Joseph A Grube terminated. Signed by Judge Rosanna Malouf Peterson. (MRJ, Case Administrator)
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Filing 36
MOTION to Withdraw as Attorney (atty Joseph Grube) by Michael LaDue, Amanda Ladue. Motion Hearing set for 10/12/2021 Without Oral Argument before Judge Rosanna Malouf Peterson. (Attachments: #1 Text of Proposed Order Proposed Order)(Grube, Joseph)
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Filing 35
CERTIFICATE OF SERVICE as to #34 Notice of Unavailability of Counsel filed by Kettle Falls International Railway LLC, Omnitrax Inc. (Weythman, Rylan)
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Filing 34
NOTICE of Unavailability of Counsel by Kettle Falls International Railway LLC, Omnitrax Inc (Weythman, Rylan)
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Set Status Conference for 5/27/2022 09:30 AM via video conference before Judge Rosanna Malouf Peterson pursuant to Scheduling Order, ECF No. #33 . (MRJ, Case Administrator)
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Filing 33
JURY TRIAL SCHEDULING ORDER; Video Scheduling Conference set for August 26, 2021, is CANCELLED. Pretrial Conference set for 9/6/2022 at 09:30 AM via Video Conference. Jury Trial set for 9/19/2022 at 09:00 AM in Spokane Courtroom 901. Signed by Judge Rosanna Malouf Peterson. (MRJ, Case Administrator)
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Filing 32
DEPARTMENT OF LABOR AND INDUSTRIES NOTICE OF STATUTORY INTEREST IN RECOVERY. (Attachments: #1 Transmittal Letters, #2 Transmittal Envelope) (MRJ, Case Administrator)
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Filing 31
STATUS REPORT JOINT STATUS REPORT by Michael LaDue. (Bracewell, Charles)
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Filing 30
TEXT-ONLY ORDER (no PDF will issue) granting ECF Nos. #28 and #29 , Motions for Leave to Appear Pro Hac Vice. Attorneys Anthony Petru and Scott H. Levy, having applied for pro hac vice status and being found to meet the requirements for pro hac vice membership, are hereby added as counsel for Plaintiffs. This text-only entry constitutes the Court's ruling on the matter. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant)
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Filing 29
MOTION to Appear Pro Hac Vice re Attorney: Scott H. Levy. Filing fee $ 200, receipt number AWAEDC-3842245. by Michael LaDue. Motion Hearing set for 8/30/2021 Without Oral Argument before Judge Rosanna Malouf Peterson. (Attachments: #1 Text of Proposed Order [PROPOSED] ORDER GRANTING MOTION TO APPEAR PRO HAC VICE)(Bracewell, Charles)
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Filing 28
MOTION to Appear Pro Hac Vice re Attorney: Anthony Petru. Filing fee $ 200, receipt number AWAEDC-3842241. by Michael LaDue. Motion Hearing set for 8/30/2021 Without Oral Argument before Judge Rosanna Malouf Peterson. (Attachments: #1 Text of Proposed Order [PROPOSED] ORDER GRANTING MOTION TO APPEAR PRO HAC VICE)(Bracewell, Charles)
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Filing 27
NOTICE of Appearance by Charles Searcy Bracewell on behalf of Michael LaDue, Amanda Ladue (Attorney Charles Searcy Bracewell added to party Michael LaDue(pty:pla), Attorney Charles Searcy Bracewell added to party Amanda Ladue(pty:pla))(Bracewell, Charles)
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Filing 26
SCHEDULING CONFERENCE NOTICE : Scheduling Conference set for 8/26/2021 at 02:30 PM in Spokane Courtroom 901 via Video Conference before Judge Rosanna Malouf Peterson. (PL, Courtroom Deputy)
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Filing 25
Case transferred in from District of Washington Western; Case Number 2:20-cv-01472. Docket sheet received.
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Filing 24
Order Transferring Case to Eastern District of Washington, Spokane Division, by electronic case transfer, signed by Judge Theresa L Fricke.Case will be transferred on 7/13/2021. (TW) [Transferred from Washington Western on 7/13/2021.]
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Filing 23
Joint Stipulated MOTION and Proposed Order Transferring Venue, filed by Defendant Kettle Falls International Railway LLC. (Probstfeld, Ryan) [Transferred from Washington Western on 7/13/2021.]
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Filing 22
ORDER ON JOINT STIPULATION TO CONTINUE TRIAL DATE (Dkt. #21 ): Jury Trial is continued to 5/16/2022 at 09:30 AM in F Courtroom before Judge Theresa L Fricke. Joinder of Parties due by 8/26/2021, Amended Pleadings due by 8/26/2021, Disclosure of opening expert witnesses due by 8/27/2021, Disclosure of rebuttal expert witnesses due by 9/24/2021, Discovery completed by 11/26/2021, Dispositive motions due by 12/23/2021, Motions in Limine due by 2/11/2022, Pretrial Order due by 3/4/2022, Trial briefs, trial exhibits due by 3/28/2022. Signed by Judge Theresa L Fricke. (TW) [Transferred from Washington Western on 7/13/2021.]
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Filing 21
STIPULATION JOINT STIPULATION TO CONTINUE TRIAL DATE by parties (Levy, Scott) [Transferred from Washington Western on 7/13/2021.]
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Filing 20
ORDER SETTING PRETRIAL SCHEDULE by Judge Theresa L Fricke: Jury Trial is set for 2/7/2022 at 09:30 AM before Judge Theresa L Fricke. Joinder of Parties due by 7/1/2021, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/2/2021, Motions related to discovery noted by 9/21/2021, Discovery completed by 10/1/2021, Dispositive motions due by 10/29/2021, Amended Pleadings due by 7/1/2021, Motions in Limine due by 12/17/2021, Pretrial Order due by 1/7/2022, Rebuttal Expert Disclosure/Reports due by 7/30/2021, Trial briefs to be submitted by 1/31/2022, Proposed voir dire/jury instructions due by 1/31/2022. (DK) [Transferred from Washington Western on 7/13/2021.]
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Filing 19
JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 10. (Levy, Scott) [Transferred from Washington Western on 7/13/2021.]
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Filing 18
CORPORATE DISCLOSURE STATEMENT indicating OmniTRAX Holdings Combine Inc no as Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Kettle Falls International Railway LLC (Probstfeld, Ryan) Modified on 1/8/2021 (KMC). [Transferred from Washington Western on 7/13/2021.]
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Reset Deadlines: At the request of counsel for the parties by email, the Initial Disclosure Deadline is extended from 1/15/2021 to 1/22/2021. (TW) [Transferred from Washington Western on 7/13/2021.]
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Filing 17
CONSENT by all parties to proceed before Magistrate Judge Theresa L Fricke. No declinations of consent received. (TW) [Transferred from Washington Western on 7/13/2021.]
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Filing 16
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Carole M Bosch for Plaintiff Amanda Ladue. (Bosch, Carole) [Transferred from Washington Western on 7/13/2021.]
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Filing 15
ORDER re #13 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Scott H Levy for plaintiffs Amanda Ladue and Michael Ladue, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) [Transferred from Washington Western on 7/13/2021.]
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Filing 14
ORDER re #12 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Anthony S Petru for plaintiffs Amanda Ladue and Michael Ladue, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) [Transferred from Washington Western on 7/13/2021.]
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Filing 13
APPLICATION OF ATTORNEY Scott H. Levy FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Michael Ladue and Amanda Ladue (Fee Paid) Receipt No. AWAWDC-6814351 (Grube, Joseph) Modified on 12/17/2020 correct text to show both plaintiffs (CDA). [Transferred from Washington Western on 7/13/2021.]
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Filing 12
APPLICATION OF ATTORNEY Anthony S. Petru FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Michael Ladue and Amanda Ladue (Fee Paid) Receipt No. AWAWDC-6814309 (Grube, Joseph) Modified on 12/17/2020 correct text to show both plaintiffs (CDA). [Transferred from Washington Western on 7/13/2021.]
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Filing 11
NOTICE of Appearance by attorney Joseph Andrew Grube on behalf of Plaintiff Michael Ladue. (Grube, Joseph) [Transferred from Washington Western on 7/13/2021.]
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Filing 10
DISREGARD. FILED IN ERROR. NOTICE of Appearance by attorney Joseph Andrew Grube on behalf of Plaintiff Michael Ladue. (Grube, Joseph) Modified on 12/17/2020 to strike per phone call from filer (PM). [Transferred from Washington Western on 7/13/2021.]
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NOTICE of Docket Text Modification re #10 Notice of Appearance: edited docket text to strike as document was filed in error, per phone call. Filer will post correct document. (PM) [Transferred from Washington Western on 7/13/2021.]
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Attorney Joseph Andrew Grube for Amanda Ladue added; per #11 Notice of Appearance. (CDA) [Transferred from Washington Western on 7/13/2021.]
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Filing 9
NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 12/23/2020. Please Note: Forms must not be electronically filed with the Court. (TW) [Transferred from Washington Western on 7/13/2021.]
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Filing 8
NOTICE of Association of Attorney by Rylan L. S. Weythman on behalf of Defendants Kettle Falls International Railway LLC, Omnitrax Inc. (Weythman, Rylan) [Transferred from Washington Western on 7/13/2021.]
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Filing 7
ANSWER to #1 Complaint, by Kettle Falls International Railway LLC, Omnitrax Inc. (Probstfeld, Ryan) Modified on 12/15/2020 to link document (KMC) [Transferred from Washington Western on 7/13/2021.]
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Filing 6
AFFIDAVIT of Service of Summons and Complaint on OmniTRAX, Inc. on 11/9/2020, filed by Plaintiff Michael Ladue. (Bosch, Carole) [Transferred from Washington Western on 7/13/2021.]
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Filing 5
AFFIDAVIT of Service of Summons and Complaint on Kettle Falls International Railway on 10/9/2020, filed by Plaintiff Michael Ladue. (Bosch, Carole) [Transferred from Washington Western on 7/13/2021.]
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Filing 4
ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Theresa L Fricke. (TW) [Transferred from Washington Western on 7/13/2021.]
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Filing 3
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 1/22/2021, FRCP 26(f) Conference Deadline is 1/8/2021, Initial Disclosure Deadline is 1/15/2021, by Judge Theresa L Fricke. (TW) [Transferred from Washington Western on 7/13/2021.]
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JSR deadline NOTED on motion calendar; Noting Date 1/22/2021, (TW) [Transferred from Washington Western on 7/13/2021.]
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Filing 2
Summons(es) Electronically Issued as to defendant(s) Kettle Falls International Railway LLC, Omnitrax Inc. (Attachments: #1 Summons- Omnitrax)(RE) [Transferred from Washington Western on 7/13/2021.]
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Judge Theresa L Fricke added. (RE) [Transferred from Washington Western on 7/13/2021.]
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Filing 1
COMPLAINT against defendant(s) Michael Ladue with JURY DEMAND (Receipt # AWAWDC-6642598) Attorney Carole M Bosch added to party Michael Ladue(pty:pla), filed by Michael Ladue. (Attachments: #1 Summons Kettle Falls International Railway, LLC, #2 Summons OmniTrax, Inc., #3 Civil Cover Sheet)(Bosch, Carole) [Transferred from Washington Western on 7/13/2021.]
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