Callahan v. BNSF Railway Company
| Shawn Callahan |
| BNSF Railway Company |
| 3:2018cv05601 |
| July 23, 2018 |
| US District Court for the Western District of Washington |
| Tacoma Office |
| XX US, Outside District |
| Ronald B Leighton |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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Filing 41
ORDER of TRANSFER - Based on my Opinion and Order #40 adopting Judge Acosta's F&R #27 , IT IS ORDERED that this case be TRANSFERRED to the United States District Court for the Western District of Washington. IT IS SO ORDERED.DATED this 20th day of July, 2018, by Chief United States District Judge Michael W. Mosman. (peg) [Transferred from ord on 7/27/2018.]
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| Filing 40 OPINION and ORDER - I ADOPT Magistrate Judge Acosta's Findings and Recommendation as my own opinion. Accordingly, Motion to Dismiss #9 is GRANTED, and the case is transferred to the Western District of Washington for further proceedings. IS SO ORDERED.DATED this 20th day of July, 2018, by Chief United States District Judge Michael W. Mosman. (peg) [Transferred from ord on 7/27/2018.] |
| Filing 39 Response to Objections to Findings & Recommendation. Related document(s): #33 Objections to Findings & Recommendation,. Filed by BNSF Railway Company. (Ingraham, Aukjen) [Transferred from ord on 7/27/2018.] |
| Filing 38 Response to Objections to Findings & Recommendation. on Defendant's Motion to Dismiss Under Rule 12(B)(3) Related document(s): #34 Objections to Findings & Recommendation. Filed by All Plaintiffs. (Payne, Shenoa) [Transferred from ord on 7/27/2018.] |
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Filing 37
ORDER: GRANTING Joint Motion for Extension of Time #35 . The parties' responses are due 6/29/2018. Ordered by Judge Michael W. Mosman. (kms) [Transferred from ord on 7/27/2018.]
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| Filing 36 Declaration of Paul S. Bovarnick in support. Filed by Shawn Callahan. (Related document(s): Motion for Extension of Time to File Response to Objection to F & R, #35 .) (Bovarnick, Paul) [Transferred from ord on 7/27/2018.] |
| Filing 35 Joint Motion for Extension of Time to File a Response to Objection to Findings & Recommendation: Motion to Dismiss for Improper Venue Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #9 should be ddd #27 . Filed by Shawn Callahan. (Bovarnick, Paul) [Transferred from ord on 7/27/2018.] |
| Filing 34 Objections in part to Findings & Recommendation: Motion to Dismiss for Improper Venue Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #9 should be ddd #27 . Filed by BNSF Railway Company. (Ingraham, Aukjen) [Transferred from ord on 7/27/2018.] |
| Filing 33 Objections to Findings & Recommendation #27 : Motion to Dismiss for Improper Venue Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #9 . Filed by Shawn Callahan. (Bovarnick, Paul) Modified on 6/4/2018 to correct text of entry (cw). [Transferred from ord on 7/27/2018.] |
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Filing 32
ORDER: GRANTING Defendant's email request to extend time to file objections. Defendant's objections, if any, are due 6/1/2018. Ordered by Judge Michael W. Mosman. (kms) [Transferred from ord on 7/27/2018.]
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Filing 31
ORDER: GRANTING Plaintiff's Unopposed Motion for Extension of Time to File Objections #29 . Plaintiff's objections, if any, are due 6/1/2018. Ordered by Judge Michael W. Mosman. (kms) [Transferred from ord on 7/27/2018.]
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| Filing 30 Declaration of Paul S. Bovarnick in support. Filed by Shawn Callahan. (Related document(s): Motion for Extension of Time to File Objection to F & R #29 .) (Bovarnick, Paul) [Transferred from ord on 7/27/2018.] |
| Filing 29 Unopposed Motion for Extension of Time to File an Objection to #27 . Filed by Shawn Callahan. (Bovarnick, Paul) [Transferred from ord on 7/27/2018.] |
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Filing 28
ORDER by Judge Acosta - Findings & Recommendation #27 regarding Defendant's Motion to Dismiss for Improper Venue #9 is REFERRED to Chief United States District Judge Michael W. Mosman for review and final determination. (peg) [Transferred from ord on 7/27/2018.]
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| Filing 27 FINDINGS and RECOMMENDATION - For the reasons stated, BNSF's motion to dismiss #9 should be GRANTED, and the case should be transferred to the Western District of Washington for further proceedings. SCHEDULING ORDER - The Findings and Recommendation will be referred to a district judge. Objections, if any,are due May 18, 2018. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served with a copyof the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. DATED this 4th day of May, 2018, by United States Magistrate Judge John V. Acosta (peg) [Transferred from ord on 7/27/2018.] |
| Filing 26 MINUTES of Proceedings: Motion Hearing held before Judge Acosta regarding Defendant's Motion to Dismiss #9 . ORDER: The motion to dismiss is taken under advisement as of 5/4/2018; formal ruling to follow. Paul Bovarnick, Shenoa Payne present as counsel for plaintiff. Aukjen Ingraham, Bryan Neal present as counsel for defendant. Court Reporter: Ryan White. Magistrate Judge John V. Acosta presiding. (peg) [Transferred from ord on 7/27/2018.] |
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Filing 25
THIRD AMENDED SCHEDULING ORDER by Judge Acosta - Due to a conflict in the court's schedule, the START TIME only for the May 4, 2018 oral argument on Defendant's Motion #9 to Dismiss is RESET from 9:30AM, to a START TIME of 1:30PM, in Portland Courtroom 11B, before Magistrate Judge John V. Acosta. (peg) [Transferred from ord on 7/27/2018.]
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Filing 24
SECOND AMENDED SCHEDULING ORDER by Judge Acosta - At request of counsel, the court RESETS the oral argument date and time on defendant's motion to dismiss #9 from 4/2/18, at 10:00 a.m. to Friday, May 4, 2018, at 9:30AM in Portland Courtroom 11B before Magistrate Judge John V. Acosta. (peg) [Transferred from ord on 7/27/2018.]
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Filing 23
SCHEDULING ORDER by Judge Acosta - At request of counsel, the court RESETS the oral argument date and time on defendant's motion to dismiss #9 from 4/9/18, at 10:00 a.m. to Monday, April 2, 2018, at 2:00 p.m. in Portland Courtroom 11B before Magistrate Judge John V. Acosta. (peg) [Transferred from ord on 7/27/2018.]
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Filing 22
SCHEDULING ORDER by Judge Acosta - SETTING defendant's motion to dismiss #9 for oral argument on Monday, 4/9/18, at 10:00AM in Portland Courtroom 11B before Magistrate Judge John V. Acosta. (peg) [Transferred from ord on 7/27/2018.]
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Filing 21
SCHEDULING ORDER by Judge Acosta - As plaintiff requested oral argument in their response #14 to defendant's motion to dismiss #9 , the court RESETS the under advisement date on the motion to dismiss from 10/12/17, to 12/3/17; and the request for oral argument will be considered in due course. (peg) [Transferred from ord on 7/27/2018.]
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| Filing 20 Notice of Change of Address. Filed by All Plaintiffs. (Payne, Shenoa) [Transferred from ord on 7/27/2018.] |
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Filing 19
ORDER by Judge Acosta - GRANTING the parties' stipulated motion #18 as follows: (1) STRIKING the current discovery and other related case management deadlines pending the court's ruling on defendant's motion to dismiss. (2) Once the rules on the motion to dismiss, the parties, will if necessary, confer and submit to the court a joint proposed discovery plan. (peg) [Transferred from ord on 7/27/2018.]
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| Filing 18 Stipulated Motion for Extension of Discovery & PTO Deadlines . Filed by BNSF Railway Company. (Ingraham, Aukjen) [Transferred from ord on 7/27/2018.] |
| Filing 17 Reply to Motion to Dismiss for Improper Venue Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #9 . Filed by BNSF Railway Company. (Neal, Bryan) [Transferred from ord on 7/27/2018.] |
| Filing 16 Declaration of Paul S. Bovarnick In Opposition to Defendant's Motion to Dismiss. Filed by Shawn Callahan. (Related document(s): Response to Motion #14 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Bovarnick, Paul) [Transferred from ord on 7/27/2018.] |
| Filing 15 Declaration of Shawn Callahan In Opposition to Defendant's Motion to Dismiss. Filed by Shawn Callahan. (Related document(s): Response to Motion #14 .) (Bovarnick, Paul) [Transferred from ord on 7/27/2018.] |
| Filing 14 Response Defendant's to Motion to Dismiss for Improper Venue Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #9 Oral Argument requested. Filed by Shawn Callahan. (Bovarnick, Paul) [Transferred from ord on 7/27/2018.] |
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Filing 13
ORDER by Judge Acosta - GRANTING plaintiff's unopposed motion #11 for extension of time regarding defendant's motion to dismiss (#9) as follows: Plaintiff's response to the motion to dismiss will now be due by 9/18/17; (2) Defendant's reply to Plaintiff's response is now due by 10/2/17; (3) The motion to dismiss will now be taken under advisement on 10/12/17. (peg) [Transferred from ord on 7/27/2018.]
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| Filing 12 Declaration of Paul S. Bovarnick in Support of Unopposed Motion to Extend Time to Respond to Motion to Dismiss. Filed by Shawn Callahan. (Related document(s): Motion for Extension of Time #11 .) (Bovarnick, Paul) [Transferred from ord on 7/27/2018.] |
| Filing 11 Unopposed Motion for Extension of Time to File Response. Filed by Shawn Callahan. (Bovarnick, Paul) [Transferred from ord on 7/27/2018.] |
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Filing 10
SCHEDULING ORDER by Judge Acosta - Defendant's motion to dismiss #9 will be taken under advisement as of 9/18/2017. (peg) [Transferred from ord on 7/27/2018.]
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| Filing 9 Motion to Dismiss for Improper Venue Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Filed by BNSF Railway Company. (Attachments: #1 Exhibit Ex. 1 - Charge of Discrmination of S. Callahan, #2 Attachment Declaration of Dr. Kenneth K. Knight, #3 Attachment Declaration of Kappi A Scheibe) (Ingraham, Aukjen) [Transferred from ord on 7/27/2018.] |
| Filing 8 Corporate Disclosure Statement . Filed by BNSF Railway Company. (Ingraham, Aukjen) [Transferred from ord on 7/27/2018.] |
| Filing 7 Notification of CM/ECF Account for Bryan P. Neal (Pro Hac Vice admission). Your login is: bpneal. Go to #the CM/ECF login page to set your password. (ecp) [Transferred from ord on 7/27/2018.] |
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Filing 6
ORDER: Granting Application for Special Admission Pro Hac Vice of Bryan P. Neal for BNSF Railway Company. Application Fee in amount of $300 collected. Receipt No. 0979-5109594 issued. Signed on 8/10/2017 by Magistrate Judge John V. Acosta. (ecp) [Transferred from ord on 7/27/2018.]
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| Filing 5 Motion for Leave to Appear Pro Hac Vice for Attorney Bryan P. Neal . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5109594. Filed by BNSF Railway Company. (Ingraham, Aukjen) [Transferred from ord on 7/27/2018.] |
| Filing 4 Affidavit of Service upon BNSF Railway Company served on 7/24/2017 Filed by Shawn Callahan. (Bovarnick, Paul) [Transferred from ord on 7/27/2018.] |
| Filing 3 Summons Issued Electronically as to BNSF Railway Company. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (ecp) [Transferred from ord on 7/27/2018.] |
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Filing 2
Notice of Case Assignment to Magistrate Judge John V. Acosta and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 11/17/2017. Joint Alternate Dispute Resolution Report is due by 12/18/2017. Pretrial Order is due by 12/18/2017. Ordered by Magistrate Judge John V. Acosta. (ecp) [Transferred from ord on 7/27/2018.]
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| Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5084025 Jury Trial Requested: Yes. Filed by Shawn Callahan against BNSF Railway Company (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Bovarnick, Paul) [Transferred from ord on 7/27/2018.] |
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