Waldschmidt v. Union Pacific Railroad Company

Docket(#82) NOTICE of Related Case by Attorney Adam W. Hansen on behalf of Plaintiff Charles Waldschmidt (Hansen, Adam) (Entered: 06/14/2022)

Docket(#81) TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (MKR) (Entered: 06/14/2022)

Docket(#80) Case transferred in from District of Colorado; Case Number 1:20-cv-03808. Original electronic file received. (Entered: 06/14/2022)

Docket(#79) ORDER on #63 Motion to Transfer Case. The Court GRANTS the Motion (ECF No. #63 ), and the Clerk is directed to TRANSFER this case to the United States District Court for the District of Nebraska. By Judge Raymond P. Moore on 06/13/2022. (athom, ) [Transferred from Colorado on 6/14/2022.] (Entered: 06/13/2022)

Docket(#78) ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re #77 Reply to Response to Motion filed by attorney Adam W. Hansen. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (sdunb, ) [Transferred from Colorado on 6/14/2022.] (Entered: 12/29/2021)

Docket(#77) REPLY to Response to #67 MOTION for Leave to Appeal filed by Plaintiff Charles Waldschmidt. (Hansen, Adam) [Transferred from Colorado on 6/14/2022.] (Entered: 12/20/2021)

Docket(#76) BRIEF in Opposition to #67 MOTION for Leave to Appeal filed by Defendant Union Pacific Railroad Co.. (Rhoten, Katherine) [Transferred from Colorado on 6/14/2022.] (Entered: 12/06/2021)

Docket(#75) ORDER granting #68 Motion to Stay. The Court previously took under advisement and now GRANTS the motion to stay and thus stays this action. The Court has carefully reviewed the supplement (D. 74) as well as the motion to stay (D. 68). The Court notes that the motion to stay is unopposed. Based on the additional information provided in the supplement (D. 74) the Court finds that, after applying the necessary analysis set forth in String Cheese Incident, LLC v. Stylus Shows, Inc., No. 1:02-CV-01934-LTB-PA, 2006 WL 894955, at *2 (D. Colo. Mar. 30, 2006), a stay is appropriate. In particular, if this matter is not stayed pending resolution of both a motion to appeal and a motion to transfer, significant duplicative and expensive discovery could be required that would be inefficient for the litigants and the Court. The Court finds no prejudice to any party as a result of the stay and no detrimental effect to the public given the nature of this action, the age of the case, and a full review of the matter. The case is therefore STAYED. Within five days of a final determination of either the motion to transfer or the motion for leave to appeal, whichever comes earlier, the Parties SHALL jointly notify the Court and the stay will be reviewed at that time. The stay is specifically NOT dependent on the new EEOC filing referenced in the supplement (D. 74). So Ordered. by Magistrate Judge Gordon P. Gallagher on 11/30/21. Text Only Entry(GPG) [Transferred from Colorado on 6/14/2022.] (Entered: 11/30/2021)

Docket(#74) RESPONSE to #68 Unopposed MOTION to Stay Addressing the Court's Question filed by Plaintiff Charles Waldschmidt. (Hansen, Adam) [Transferred from Colorado on 6/14/2022.] (Entered: 11/29/2021)

Docket(#73) ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re #72 Reply to Response to Motion filed by attorney Adam W. Hansen. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (sdunb, ) [Transferred from Colorado on 6/14/2022.] (Entered: 11/29/2021)

Docket(#10) Defendant's ANSWER to #1 Complaint and Affirmative Defenses Attorney Scott Parrish Moore added to party Union Pacific Railroad Co.(pty:dft) by Union Pacific Railroad Co..(Moore, Scott) [Transferred from Colorado on 6/14/2022.] (Entered: 01/20/2021)

Docket(#9) Partial MOTION to Dismiss for Failure to State a Claim Defendant's Motion to Partially Dismiss Plaintiff's Class Action Complaint by Defendant Union Pacific Railroad Co.. (Attachments: #1 Exhibit Brief in Support, #2 Exhibit A - EEOC Charge, #3 Exhibit B - EEOC Dismissal and Notice of Rights, #4 Exhibit C - Harris Complaint, #5 Exhibit D - Harris First Amended Complaint)(Rhoten, Katherine) [Transferred from Colorado on 6/14/2022.] (Entered: 01/20/2021)

Docket(#8) SUMMONS Returned Executed by Charles Waldschmidt. Charles Waldschmidt served on 12/30/2020, answer due 1/20/2021. (Thompson, Nicholas) [Transferred from Colorado on 6/14/2022.] (Entered: 01/05/2021)

Docket(#7) ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING TELEPHONIC SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 4 January 2021. Consent Form due by 2/25/2021. Proposed Scheduling Order due 3/4/2021. Scheduling Conference set for 3/11/2021 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, ) [Transferred from Colorado on 6/14/2022.] (Entered: 01/04/2021)

Docket(#6) SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (rvill, ) [Transferred from Colorado on 6/14/2022.] (Entered: 12/30/2020)

Docket(#5) MEMORANDUM RETURNING CASE by Judge Lewis T. Babcock. Case randomly reassigned to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 20-cv-03808-STV. (rvill, ) [Transferred from Colorado on 6/14/2022.] (Entered: 12/30/2020)

Docket(#4) SUMMONS REQUEST as to Union Pacific Railroad re #1 Complaint by Plaintiff Charles Waldschmidt. (Thompson, Nicholas) [Transferred from Colorado on 6/14/2022.] (Entered: 12/29/2020)

Docket(#3) Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS ISSUED. (alave, ) [Transferred from Colorado on 6/14/2022.] (Entered: 12/29/2020)

Docket(#2) Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (alave, ) [Transferred from Colorado on 6/14/2022.] (Entered: 12/29/2020)

Docket(#1) COMPLAINT against Union Pacific Railroad Company (Filing fee $ 402,Receipt Number 1082-7648393)Attorney Nicholas D. Thompson added to party Charles Waldschmidt(pty:pla), filed by Charles Waldschmidt.(Thompson, Nicholas) [Transferred from Colorado on 6/14/2022.] (Entered: 12/28/2020)