This case was last updated from PACER on 07/04/2019 at 13:13:36 (UTC).

Cox v. BNSF Railway Company

Case Summary

On 05/02/2019 Cox filed a Labor - Other Labor lawsuit against BNSF Railway Company. This case was filed in U.S. District Courts, Montana District. The Judges overseeing this case are Dana L. Christensen and Jeremiah C. Lynch. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    9:19-CV-00082

  • Filing Date:

    05/02/2019

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Labor - Other Labor

  • Court:

    U.S. District Courts

  • Courthouse:

    Montana District

Judge Details

Presiding Judge

Dana L. Christensen

Referral Judge

Jeremiah C. Lynch

 

Party Details

Plaintiff

Glenn L. Cox

Kalispell, MT 59901

Defendant

BNSF Railway Company

Attorney/Law Firm Details

Defendant Attorneys

Michelle T. Friend

Attorney at HEDGER FRIEND

2800 Central Avenue, Suite C

Billings, MT 59102

Benjamin O. Rechtfertig

Attorney at HEDGER FRIEND

2800 Central Avenue, Suite C

Billings, MT 59102

 

Court Documents

#19

(#19) CLERK'S JUDGMENT (APP) Copy mailed to Cox (Entered: 06/25/2019)

#18

(#18) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. Defendant's Motion to Dismiss (Doc. 8) is GRANTED; Plaintiff's Complaint is DISMISSED with prejudice; All pending motions are dismissed as moot; and the Clerk of Court shall enter judgment for Defendant and shall close this case. Signed by Judge Dana L. Christensen on 6/24/2019. (APP) Copy mailed to Cox (Entered: 06/25/2019)

16 #1

Text of Proposed Order

#16

(#16) First MOTION to Stay BNSF's Unopposed Motion for Stay of Proceedings Benjamin O. Rechtfertig appearing for Defendant BNSF Railway Company Motions referred to Jeremiah C. Lynch. (Attachments: #1 Text of Proposed Order) (Rechtfertig, Benjamin) (Entered: 06/11/2019)

#15

(#15) FINDINGS AND RECOMMENDATIONS re #8 First MOTION to Dismiss BNSF's Rule 12(b)(6) Motion to Dismiss filed by BNSF Railway Company. Signed by Magistrate Judge Jeremiah C. Lynch on 6/7/2019. (TXB) Modified on 6/12/2019 to reflect copy mailed to Cox (APP). (Entered: 06/07/2019)

13 #2

Text of Proposed Order

#13

(#13) MOTION for Joinder to Dismiss by Plaintiff Glenn L. Cox. Motions referred to Jeremiah C. Lynch. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Exhibits) (APP) (Entered: 06/03/2019)

8 #1

Exhibit Ex. A-Declaration of B. Rechtfertig

#8

(#15) FINDINGS AND RECOMMENDATIONS re #8 First MOTION to Dismiss BNSF's Rule 12(b)(6) Motion to Dismiss filed by BNSF Railway Company. Signed by Magistrate Judge Jeremiah C. Lynch on 6/7/2019. (TXB) Modified on 6/12/2019 to reflect copy mailed to Cox (APP). (Entered: 06/07/2019)

#2

(#2) PRELIMINARY PRETRIAL CONFERENCE ORDERPreliminary Pretrial Statement due by 6/19/2019. Joint Discovery Plan due by 6/19/2019. Statement of Stipulated Facts due by 6/19/2019. Pretrial Conference set for 6/26/2019 at 10:00 AM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. Signed by Magistrate Judge Jeremiah C. Lynch on 5/6/2019. (TXB) Modified on 5/7/2019 to reflect copy mailed to Cox (APP). (Entered: 05/06/2019)

1 #7

Ex. F-Order of Dismissal

1 #6

Ex. E-Notice of Removal/Receipt

1 #5

Ex. D-Prior Complaint

1 #4

Ex.C-Summons, Mtn to Dismiss, MSJ

1 #3

Ex. B-Declaration of B. Rechtfertig

1 #2

Ex. A-Instant Complaint

1 #1

Civil Cover Sheet

#1

(#1) NOTICE OF REMOVAL by BNSF Railway Company from Montana Eleventh Judicial District Court, Flathead County, case number DR 19-228D., filed by BNSF Railway Company. (Attachments: #1 Civil Cover Sheet, #2 Ex. A-Instant Complaint, #3 Ex. B-Declaration of B. Rechtfertig, #4 Ex.C-Summons, Mtn to Dismiss, MSJ, #5 Ex. D-Prior Complaint, #6 Ex. E-Notice of Removal/Receipt, #7 Ex. F-Order of Dismissal) (KJL) (Entered: 05/03/2019)

30 More Documents Available

 

Docket Entries

  • 06/25/2019
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  • (#19) CLERK'S JUDGMENT (APP) Copy mailed to Cox (Entered: 06/25/2019)

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  • 06/24/2019
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  • (#18) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. Defendant's Motion to Dismiss (Doc. 8) is GRANTED; Plaintiff's Complaint is DISMISSED with prejudice; All pending motions are dismissed as moot; and the Clerk of Court shall enter judgment for Defendant and shall close this case. Signed by Judge Dana L. Christensen on 6/24/2019. (APP) Copy mailed to Cox (Entered: 06/25/2019)

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  • 06/11/2019
  • (#17) TEXT ORDER. The stipulated motion of the parties (doc.16) is granted. The scheduling order (doc.2) and all associated deadlines are vacated, to be reset, as appropriate, upon further order of the Court. SO ORDERED. Signed by Magistrate Judge Jeremiah C. Lynch on 6/11/2019. (Lynch, Jeremiah) Modified on 6/12/2019 to reflect copy mailed to Cox (APP). (Entered: 06/11/2019)

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  • 06/11/2019
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  • (#16) First MOTION to Stay BNSF's Unopposed Motion for Stay of Proceedings Benjamin O. Rechtfertig appearing for Defendant BNSF Railway Company Motions referred to Jeremiah C. Lynch. (Attachments: #1 Text of Proposed Order) (Rechtfertig, Benjamin) (Entered: 06/11/2019)

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  • 06/07/2019
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  • (#15) FINDINGS AND RECOMMENDATIONS re #8 First MOTION to Dismiss BNSF's Rule 12(b)(6) Motion to Dismiss filed by BNSF Railway Company. Signed by Magistrate Judge Jeremiah C. Lynch on 6/7/2019. (TXB) Modified on 6/12/2019 to reflect copy mailed to Cox (APP). (Entered: 06/07/2019)

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  • 06/07/2019
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  • (#14) RESPONSE to Motion re #13 MOTION for Joinder BNSF's Response to Plaintiff's (Second) Motion for Joinder to Dismiss with Prejudice filed by BNSF Railway Company. (Rechtfertig, Benjamin) (Entered: 06/07/2019)

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  • 06/03/2019
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  • (#13) MOTION for Joinder to Dismiss by Plaintiff Glenn L. Cox. Motions referred to Jeremiah C. Lynch. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Exhibits) (APP) (Entered: 06/03/2019)

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  • 05/22/2019
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  • (#12) Statement of Undisputed Fact re: #11 Brief/Memorandum in Support, #10 First MOTION for Summary Judgment BNSF's Motion for Summary Judgment. (Attachments: #1 Exhibit Ex. A-Declaration of B. Rechtfertig) (Rechtfertig, Benjamin) (Entered: 05/22/2019)

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  • 05/22/2019
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  • (#11) Brief/Memorandum in Support re #10 First MOTION for Summary Judgment BNSF's Motion for Summary Judgment BNSF's Brief in Support of Motion for Summary Judgment filed by BNSF Railway Company. (Rechtfertig, Benjamin) (Entered: 05/22/2019)

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  • 05/22/2019
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  • (#10) First MOTION for Summary Judgment BNSF's Motion for Summary Judgment Benjamin O. Rechtfertig appearing for Defendant BNSF Railway Company Motions referred to Jeremiah C. Lynch. (Attachments: #1 Exhibit Ex. A-Declaration of B. Rechtfertig) (Rechtfertig, Benjamin) (Entered: 05/22/2019)

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  • 05/21/2019
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  • (#9) Brief/Memorandum in Support re #8 First MOTION to Dismiss BNSF's Rule 12(b)(6) Motion to Dismiss BNSF's Brief in Support of Rule 12(b)(6) Motion to Dismiss filed by BNSF Railway Company. (Rechtfertig, Benjamin) (Entered: 05/21/2019)

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  • 05/21/2019
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  • (#8) First MOTION to Dismiss BNSF's Rule 12(b)(6) Motion to Dismiss Benjamin O. Rechtfertig appearing for Defendant BNSF Railway Company Motions referred to Jeremiah C. Lynch. (Attachments: #1 Exhibit Ex. A-Declaration of B. Rechtfertig) (Rechtfertig, Benjamin) (Entered: 05/21/2019)

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  • 05/20/2019
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  • (#7) ORDER Signed by Magistrate Judge Jeremiah C. Lynch on 5/20/2019. (TXB) Modified on 5/21/2019 to reflect copy mailed to Cox (APP). (Entered: 05/20/2019)

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  • 05/17/2019
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  • (#6) RESPONSE to Motion re #5 MOTION for Joinder BNSF's Response to Plaintiff's Motion for Joinder to Dismiss with Prejudice filed by BNSF Railway Company. (Rechtfertig, Benjamin) (Entered: 05/17/2019)

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  • 05/09/2019
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  • (#5) Motion for Joinder by Glenn L. Cox re: #4 Notice (Other) (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Exhibit) (APP) (Entered: 05/10/2019)

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  • 05/07/2019
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  • (#4) STATE COURT PLEADINGS (APP) (Entered: 05/07/2019)

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  • 05/07/2019
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  • (#3) STATE COURT COMPLAINT against BNSF Railway Company, filed by Glenn L. Cox. (APP) (Entered: 05/07/2019)

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  • 05/06/2019
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  • (#2) PRELIMINARY PRETRIAL CONFERENCE ORDERPreliminary Pretrial Statement due by 6/19/2019. Joint Discovery Plan due by 6/19/2019. Statement of Stipulated Facts due by 6/19/2019. Pretrial Conference set for 6/26/2019 at 10:00 AM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. Signed by Magistrate Judge Jeremiah C. Lynch on 5/6/2019. (TXB) Modified on 5/7/2019 to reflect copy mailed to Cox (APP). (Entered: 05/06/2019)

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  • 05/02/2019
  • Filing fee: $ 400, receipt number 0977-2303438 (KJL) (Entered: 05/03/2019)

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  • 05/02/2019
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  • (#1) NOTICE OF REMOVAL by BNSF Railway Company from Montana Eleventh Judicial District Court, Flathead County, case number DR 19-228D., filed by BNSF Railway Company. (Attachments: #1 Civil Cover Sheet, #2 Ex. A-Instant Complaint, #3 Ex. B-Declaration of B. Rechtfertig, #4 Ex.C-Summons, Mtn to Dismiss, MSJ, #5 Ex. D-Prior Complaint, #6 Ex. E-Notice of Removal/Receipt, #7 Ex. F-Order of Dismissal) (KJL) (Entered: 05/03/2019)

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