Jobe v. BNSF Railway Company
Plaintiff: Ousman Jobe
Defendant: BNSF Railway Company
Case Number: 2:2024cv00033
Filed: February 16, 2024
Court: US District Court for the District of Wyoming
Presiding Judge: Stephanie A Hambrick
Referring Judge: Alan B Johnson
2 Judge: Kelly H Rankin
Nature of Suit: Federal Employer's Liability
Cause of Action: 45 U.S.C. ยง 51 Railways: Fed. Employer's Liability Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 9, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 9, 2024 Filing 51 INITIAL PRETRIAL ORDER by the Honorable Alan B. Johnson. Expert Witness Designation-Plaintiff deadline 12/2/2024. Expert Witness Designation-Defendant deadline 1/17/2025. Rebuttal Expert Witness Designation deadline 2/14/2025. Discovery due by 3/28/2025. Motions filing deadline 5/2/2025. Motion response deadline 5/16/2025. Replies due by 5/23/2025. Joint Final Pretrial Memorandum due by 6/27/2025. Motion in Limine deadline 6/27/2025. Motions in Limine Response Deadline 7/11/2025. Motions in Limine Reply Deadline 7/18/2025. Final Pretrial Conference set for 8/8/2025 09:30 AM in Cheyenne Courtroom No. 2 (Room No. 2116) before Honorable Alan B. Johnson. 5-7 day Jury Trial set for 9/8/2025 01:30 PM in Cheyenne Courtroom No. 2 (Room No. 2116) before Honorable Alan B. Johnson. (Court Staff, sbh)
April 9, 2024 Filing 50 MINUTES for proceedings held before Honorable Alan B. Johnson: Initial Pretrial Conference held on 4/9/2024 (Court Reporter: Melanie Sonntag) (Court Staff, sbh)
April 2, 2024 Filing 49 REPORT of Rule 26(f) Planning Meeting filed by Defendant BNSF Railway Company. (Reitman, Andrew)
March 22, 2024 FINANCIAL ENTRY: $100 Pro Hac Vice Fee Paid (Receipt #2-2857) On Behalf of Shannon Hurley (Court Staff, stmo)
March 20, 2024 FINANCIAL ENTRY: $100 Pro Hac Vice Fee Paid (Total Amount Received $300 - Receipt #2-2845) On Behalf of Nicholas D. Thompson, Joseph M. Sayler, and Michael P. McReynolds. (Court Staff, stmo)
March 18, 2024 Filing 48 Notice of Pro Hac Vice Attorney Appearance by Nicholas Thompson on behalf of Ousman Jobe (Thompson, Nicholas)
March 18, 2024 Filing 47 Notice of Pro Hac Vice Attorney Appearance by Shannon Hurley on behalf of BNSF Railway Company (Hurley, Shannon)
March 18, 2024 Opinion or Order Filing 46 ORDER by the Honorable Kelly H. Rankin granting #42 Amended MOTION for Shannon M. Hurley to appear pro hac vice on behalf of Defendant BNSF Railway Company (Order emailed to phv counsel on this date) (Court Staff, sbh)
March 18, 2024 Filing 45 Notice of Pro Hac Vice Attorney Appearance by Michael Patrick McReynolds on behalf of Ousman Jobe (McReynolds, Michael)
March 15, 2024 Opinion or Order Filing 44 ORDER REQUIRING JOINT REPORT of Meeting and Proposed Joint Discovery and Case Management Plan and Setting Initial Pretrial Conference by the Honorable Alan B Johnson. Initial Pretrial Conference set for 4/9/2024 at 10:30 AM before Honorable Alan B Johnson. NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely;the Zoom ID and Passcode will be provided separately to the participants email address of record.2. Participants should connect to the proceeding 15 minutes prior to its scheduled start time to allow for troubleshooting of any connectivity issues.3. To ensure the record is of the best quality, participants are encouraged to utilize a headset to reduce static and background noise. If not using a headset, participants must ensure the audio feed at their location is muted when not speaking.***REMINDER: Recording or broadcasting of this hearing is prohibited. ***(Court Staff, ssw)
March 15, 2024 Filing 43 MEMORANDUM AND ORDER REGARDING DISCOVERY MOTIONS AND DISPOSITIVE MOTIONS INCLUDING MOTIONS FOR SUMMARY JUDGMENT AND ANALOGOUS MOTIONS TO DISMISS IN CIVIL CASES by the Honorable Alan B Johnson. (Court Staff, ssw)
March 15, 2024 Filing 42 MOTION REFERRED TO Judge Kelly H Rankin - DO NOT USE. Amended MOTION for Shannon M. Hurley to appear pro hac vice; Check not tendered; filed by Defendant BNSF Railway Company. (Attachments: #1 Declaration of Shannon Hurley)(Reitman, Andrew)
March 14, 2024 Filing 41 Notice of Pro Hac Vice Attorney Appearance by Joseph M Sayler on behalf of Ousman Jobe (Sayler, Joseph)
March 14, 2024 Opinion or Order Filing 40 ORDER by the Honorable Kelly H. Rankin denying for failure to comply with Local Rule #38 MOTION for Shannon Hurley to appear pro hac vice (Court Staff, sbh)
March 14, 2024 Opinion or Order Filing 39 ORDER by the Honorable Kelly H. Rankin granting #35 , #36 , #37 MOTIONS for Nicholas D. Thompson, Joseph M. Sayler and Michael P. McReynolds to appear pro hac vice on behalf of Plaintiff Ousman Jobe (Order emailed to phv counsel on this date) (Court Staff, sbh)
March 14, 2024 Filing 38 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Shannon Hurley to appear pro hac vice; Check not tendered; filed by Defendant BNSF Railway Company. (Attachments: #1 Affidavit, #2 Proposed Order) (Reitman, Andrew) Modified text on 3/14/2024 (Court Staff, sbh).
March 13, 2024 Filing 37 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Michael P. McReynolds to appear pro hac vice; Check not tendered; filed by Plaintiff Ousman Jobe. (Healy, Ryan)
March 13, 2024 Filing 36 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Joseph M. Sayler to appear pro hac vice; Check not tendered; filed by Plaintiff Ousman Jobe. (Healy, Ryan)
March 13, 2024 Filing 35 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Nicholas D. Thompson to appear pro hac vice; Check not tendered; filed by Plaintiff Ousman Jobe. (Healy, Ryan) (Main Document 35 flattened and replaced on 3/13/2024) (Court Staff, stmo). Modified text on 3/13/2024 (Court Staff, stmo).
March 7, 2024 Filing 34 NOTICE of Attorney Appearance by Ryan P Healy on behalf of Ousman Jobe (Healy, Ryan)
March 1, 2024 Filing 33 (TEXT-ONLY) ORDER by the Honorable Alan B Johnson. This case was transferred from the District of Colorado to the District of Wyoming on February 16, 2024. Plaintiff's counsel Joseph Sayler and Nicholas Thompson are not members of the Federal Bar in Wyoming. Therefore, this Court orders that within 14 days of this Order, plaintiff's counsel shall associate with local counsel to be admitted pro hac vice into this District. Defendant's counsel, Shannon Hurley is directed to file a motion for pro hac vice admission or withdraw from the case within 14 days. (See Local Rule 84.2) (Court Staff, ssw)
February 29, 2024 Filing 32 ANSWER to #1 Complaint with Affirmative Defenses with Jury Demand by BNSF Railway Company. (Reitman, Andrew)
February 16, 2024 Filing 31 Notice of Judge Assignment and Consent to Proceed before a Magistrate Judge. The case has been assigned to the Honorable Alan B. Johnson (presiding) the Honorable Kelly H. Rankin (referral). (Court Staff, sal)
February 16, 2024 Filing 30 Case transferred in from District of Colorado. Case Number 1:23-cv-01146.
February 16, 2024 Opinion or Order Filing 29 ORDER: The Magistrate Judge's Recommendation (ECF No. #28 ) is ADOPTED in its entirety and the Defendant's Motion to Dismiss (ECF No. #15 ) is DENIED. The Clerk is directed to transfer the case to the United States District Court for the District of Wyoming. SO ORDERED by Judge Raymond P. Moore on 2/16/2024.(jtorr, ) [Transferred from Colorado on 2/16/2024.]
January 30, 2024 Filing 28 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. The Court RECOMMENDS:(1) Defendant's Motion to Dismiss be DENIED; and (2) Plaintiffs request for transfer to the United States District Court for the District of Wyoming be GRANTED. By Magistrate Judge Maritza Dominguez Braswell on 01/30/2024. (jrobe, ) [Transferred from Colorado on 2/16/2024.]
January 26, 2024 Filing 27 NOTICE of Supplemental Authorities re: #15 MOTION to Dismiss for Lack of Jurisdiction BNSF Railway Company's Motion to Dismiss for lack of personal jurisdiction by Defendant BNSF Railway Company (Hurley, Shannon) [Transferred from Colorado on 2/16/2024.]
January 8, 2024 Opinion or Order Filing 26 ORDER granting #25 Motion to Withdraw as Attorney. Attorney Cash K. Parker terminated. SO ORDERED by Judge Raymond P. Moore on 1/8/2024.(rmsec) [Transferred from Colorado on 2/16/2024.]
January 5, 2024 Filing 25 MOTION to Withdraw as Attorney by Defendant BNSF Railway Company. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Parker, Cash) [Transferred from Colorado on 2/16/2024.]
January 2, 2024 Filing 24 CORPORATE DISCLOSURE STATEMENT. (Hurley, Shannon) [Transferred from Colorado on 2/16/2024.]
October 6, 2023 Opinion or Order Filing 23 ORDER granting #22 Motion to Withdraw as Attorney. Attorney David L. Tomenes terminated. SO ORDERED by Judge Raymond P. Moore on 10/6/2023. (Text Only Entry)(rmsec) [Transferred from Colorado on 2/16/2024.]
October 6, 2023 Filing 22 MOTION to Withdraw as Attorney a by Plaintiff Ousman Jobe. (Tomenes, David) [Transferred from Colorado on 2/16/2024.]
September 11, 2023 Filing 21 NOTICE of Supplemental Authorities re: #15 MOTION to Dismiss for Lack of Jurisdiction BNSF Railway Company's Motion to Dismiss for lack of personal jurisdiction by Defendant BNSF Railway Company (Attachments: #1 Exhibit A)(Parker, Cash) [Transferred from Colorado on 2/16/2024.]
July 19, 2023 Filing 20 REPLY to Response to #15 MOTION to Dismiss for Lack of Jurisdiction BNSF Railway Company's Motion to Dismiss for lack of personal jurisdiction filed by Defendant BNSF Railway Company. (Parker, Cash) [Transferred from Colorado on 2/16/2024.]
July 19, 2023 Filing 19 NOTICE of Entry of Appearance by Shannon Hurley on behalf of BNSF Railway CompanyAttorney Shannon Hurley added to party BNSF Railway Company(pty:dft) (Hurley, Shannon) [Transferred from Colorado on 2/16/2024.]
July 19, 2023 Filing 18 NOTICE of Entry of Appearance by Andrew Puschel Reitman on behalf of BNSF Railway CompanyAttorney Andrew Puschel Reitman added to party BNSF Railway Company(pty:dft) (Reitman, Andrew) [Transferred from Colorado on 2/16/2024.]
July 5, 2023 Filing 17 RESPONSE to #15 MOTION to Dismiss for Lack of Jurisdiction BNSF Railway Company's Motion to Dismiss for lack of personal jurisdiction filed by Plaintiff Ousman Jobe. (Attachments: #1 Declaration of Nicholas Thompson, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Declaration of Ousman Jobe)(Thompson, Nicholas) [Transferred from Colorado on 2/16/2024.]
June 14, 2023 Filing 16 MEMORANDUM regarding #15 MOTION to Dismiss for Lack of Jurisdiction BNSF Railway Company's Motion to Dismiss for lack of personal jurisdiction filed by BNSF Railway Company. Motion referred to Magistrate Judge Maritza Dominguez Braswell. By Judge Raymond P. Moore on 6/14/2023. (Text Only Entry) (rmsec) [Transferred from Colorado on 2/16/2024.]
June 14, 2023 Filing 15 MOTION to Dismiss for Lack of Jurisdiction BNSF Railway Company's Motion to Dismiss for lack of personal jurisdiction by Defendant BNSF Railway Company. (Parker, Cash) [Transferred from Colorado on 2/16/2024.]
May 31, 2023 Opinion or Order Filing 14 MINUTE ORDER granting #12 Defendant BNSF Railway Company's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant shall answer or otherwise respond to to Plaintiff's #1 Complaint on or before June 14, 2023. By Magistrate Judge Maritza Dominguez Braswell on 5/31/2023. Text Only Entry(mdblc1) [Transferred from Colorado on 2/16/2024.]
May 31, 2023 Filing 13 MEMORANDUM regarding #12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond filed by BNSF Railway Company. Motion referred to Magistrate Judge Maritza Dominguez Braswell. By Judge Raymond P. Moore on 5/31/2023. (Text Only Entry) (rmsec) [Transferred from Colorado on 2/16/2024.]
May 31, 2023 Filing 12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant BNSF Railway Company. (Attachments: #1 Proposed Order (PDF Only))(Parker, Cash) [Transferred from Colorado on 2/16/2024.]
May 31, 2023 Filing 11 CORPORATE DISCLOSURE STATEMENT. (Parker, Cash) [Transferred from Colorado on 2/16/2024.]
May 19, 2023 Filing 10 NOTICE of Entry of Appearance by David L. Tomenes on behalf of Ousman JobeAttorney David L. Tomenes added to party Ousman Jobe(pty:pla) (Tomenes, David) [Transferred from Colorado on 2/16/2024.]
May 16, 2023 Opinion or Order Filing 9 ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 6/12/2023. By Magistrate Judge Maritza Dominguez Braswell on 5/16/2023. (evaug) [Transferred from Colorado on 2/16/2024.]
May 11, 2023 Filing 8 SUMMONS Returned Executed by Ousman Jobe. BNSF Railway Company served on 5/10/2023, answer due 5/31/2023. (Thompson, Nicholas) [Transferred from Colorado on 2/16/2024.]
May 10, 2023 Filing 7 NOTICE of Entry of Appearance by Joseph M. Sayler on behalf of Ousman JobeAttorney Joseph M. Sayler added to party Ousman Jobe(pty:pla) (Sayler, Joseph) [Transferred from Colorado on 2/16/2024.]
May 8, 2023 Opinion or Order Filing 6 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 5/8/2023. (Text Only Entry) (rmsec) [Transferred from Colorado on 2/16/2024.]
May 8, 2023 Opinion or Order Filing 5 ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 5/8/2023. (Text Only Entry) (rmsec) [Transferred from Colorado on 2/16/2024.]
May 5, 2023 Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (jcharl, ) [Transferred from Colorado on 2/16/2024.]
May 5, 2023 Filing 3 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry. (jcharl, ) [Transferred from Colorado on 2/16/2024.]
May 5, 2023 Filing 2 SUMMONS REQUEST as to BNSF Railway Company re #1 Complaint by Plaintiff Ousman Jobe. (Thompson, Nicholas) [Transferred from Colorado on 2/16/2024.]
May 5, 2023 Filing 1 COMPLAINT against BNSF Railway Company (Filing fee $ 402,Receipt Number ACODC-9086557)Attorney Nicholas D. Thompson added to party Ousman Jobe(pty:pla), filed by Ousman Jobe. (Attachments: #1 Civil Cover Sheet)(Thompson, Nicholas) [Transferred from Colorado on 2/16/2024.]

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Plaintiff: Ousman Jobe
Represented By: Joseph M Sayler
Represented By: Nicholas D. Thompson
Represented By: David L. Tomenes
Represented By: Michael Patrick McReynolds
Represented By: Nicholas Thompson
Represented By: Ryan P Healy
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Defendant: BNSF Railway Company
Represented By: Andrew Puschel Reitman
Represented By: Shannon Hurley
Represented By: Cash K Parker
Represented By: Andrew P Reitman
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