Case details

Court: txnd
Docket #: 1:03-cv-00031
Case Name: Rivera v. Union Pacific Railroad Company
PACER case #: 122136
Date filed: 2003-02-14
Date terminated: 2003-05-02
Assigned to: Judge Sam R Cummings
Case Cause: 45:51 Railways: Fed. Employer's Liability Act
Nature of Suit: 330 Torts/Pers Inj: Federal Employers' Liability
Jury Demand: Defendant
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Rene Rivera
Plaintiff
R L Pete McKinney , III
McKinney & McKinney Westcott Central 550 Westcott Suite 590 Houston, TX 77007 713/869-1500 Fax: 713/880-4638 FAX Email: pete@piattorney.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Other

Union Pacific Railroad Company
Defendant
Douglas W Poole
McLeod Alexander Powel & Apffel 802 Rosenberg PO Box 629 Galveston, TX 77553-0629 409/763-2481 Fax: 409/762-1155 FAX
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2002-03-26 1 0 COMPLAINT against Union Pacific Railroad Company (Filing fee $ 150) , filed by Rene Rivera.(jk, ) (Entered: 02/27/2003)
2002-03-26 2 0 ORDER set scheduling conference for 2:20 6/5/02 signed by Judge Samuel B. Kent (jk, ) (Entered: 02/27/2003)
2002-03-27 3 0 ORDER Re: Computer Codes Printed on Proposed Orders entered; Parties notified. signed by Judge Samuel B. Kent (jk, ) (Entered: 02/27/2003)
2002-04-15 4 0 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Rene Rivera. (jk, ) (Entered: 02/27/2003)
2002-05-06 5 0 ANSWER to Complaint by Union Pacific Railroad Company.(jk, ) (Entered: 02/27/2003)
2002-05-06 6 0 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Union Pacific Railroad Company. (jk, ) (Entered: 02/27/2003)
2002-05-06 7 0 DEMAND for Trial by Jury by Union Pacific Railroad Company. (jk, ) (Entered: 02/27/2003)
2002-05-23 8 0 Joint Discovery/Case Management Plan Under Rule 26(f), Federal Rules of Civil Procedure filed by all parties (jk, ) (Entered: 02/27/2003)
2002-06-05 9 0 Scheduling Conference held before Judge Samuel B. kent Ct Reporter: I. Salinas Appr: Pete McKinney, Russell Burwell, Roland Hamilton ETT: Jury Trial (3 days, each side 1 1/2) the week of 2/24/03 Joint submission of agreed mediator 7/19/02 (jk, ) (Entered: 02/27/2003)
2002-06-28 10 0 Docket Control Order setting Agreed mediator due 7/19/02 Plaintiff's expert witness list submitted by 12/6/02; Dft expert witness list submitted by 1/8/03; Discovery cutoff 2/7/03; Pretrial order to be submitted on or before 2/14/03; Pretrial Conference on 10:00 2/21/03 before Magistrate Judge John R. Froeschner, entered. Parties notified (Signed by Magistrate Judge John R. Froeschner) Jury Trial set for 2/24/03 8:30 before Judge Samuel B. Kent (jk, ) (Entered: 02/27/2003)
2002-07-19 11 0 Joint Submission of Agreed Mediator filed by all parties (jk, ) (Entered: 02/27/2003)
2002-07-23 12 0 ORDER that this case is to proceed to Mediation before Michael K. Clann, Entered. Signed by Judge Samuel B. Kent (jk, ) (Entered: 02/27/2003)
2002-09-13 13 0 Unopposed MOTION for Leave to File First Amended Complaint by Rene Rivera (jk, ) (Entered: 02/27/2003)
2002-09-13 14 0 AMENDED COMPLAINT against Union Pacific Railroad Company , filed by Rene Rivera.(jk, ) (Entered: 02/27/2003)
2002-09-17 15 0 ORDER granting 13 Motion for Leave to File (Signed by Judge John C Akard on 9/16/02) (jk, ) (Entered: 02/27/2003)
2002-10-23 16 0 NOTICE of Intention to Take the Oral and Video Depositions by Rene Rivera (jk, ) (Entered: 02/27/2003)
2003-01-10 17 0 Designation of Experts by Union Pacific Railroad Company. (jk, ) (Entered: 02/27/2003)
2003-01-16 18 0 ORDER for Docket Call set docket call for 9:00 2/4/03 before Judge Samuel B. Kent (signed by Judge Samuel B. Kent) (jk, ) (Entered: 02/27/2003)
2003-02-04 19 0 Docket call held before Judge Samel B. Kent Ct Reporter: J. Byers; Appr. R.L. Pete McKinney, Russ Burwell, Douglas Poole, Case set and ready for trial #1 on 2/24/03. Parties to continue discussions and to revert by 2/14/03 (jk, ) (Entered: 02/27/2003)
2003-02-12 20 0 SUA SPONTE ORDER OF TRANSFER; the Court transfers this case to the Northern District of Texas, Abilene Division pursuant to 28 USC 1404 to serve the interest of justice and for the convenience of witnesses and parties entered (signed by Judge Samuel B. Kent) (jk, ) (Entered: 02/27/2003)
2003-02-28 21 0 SCHEDULING ORDER: Jury Trial set for 4/7/2003 09:00 AM before Sam R Cummings in US District Court/Abilene, Texas; (Signed by Judge Sam R Cummings on 02/28/03) (me, ) (Entered: 03/03/2003)
2003-03-14 22 0 ORDER: parties shall submit a joint proposed pretrial order and shall file their requested jury instructions and issues by 9:00 a.m. on 3-19-03; failure to comply with this order will result in imposition of sanctions. (Signed by Judge Sam R Cummings on 03/14/03) (mje, ) (Entered: 03/17/2003)
2003-03-19 23 0 JOINT MOTION for Extension of Time to File Proposed Pretrial Order and Requested Jury Instructions and Issues by Rene Rivera, Union Pacific Railroad Company (mje, ) (Entered: 03/19/2003)
2003-03-19 24 0 Proposed Jury Charge and Instructions and Issues by Rene Rivera. (mje, ) (Entered: 03/19/2003) 2015-02-02 16:11:37 f688cb081d1765f8150c0ef2cc96819107caa41c
2003-03-19 25 0 Proposed Jury Charge, Instructions and Issues by Union Pacific Railroad Company. (mje, ) (Entered: 03/19/2003) 2015-02-02 16:15:17 60b74a022fcd87e76e84b0fe8d63ccc438ede16f
2003-03-20 26 0 TRIAL BRIEF IN SUPPORT OF PROPOSED JURY INSTRUCTIONS by Rene Rivera (Exhibits not scanned). (mje, ) (Entered: 03/20/2003)
2003-03-21 27 0 ORDER denying as moot JOINT MOTION for Extension of Time to File Proposed Pretrial Order and Requested Jury Instructions and Issues by Rene Rivera, Union Pacific Railroad Company; relief requested in motion is no longer needed; motion denied as moot (mje, ) (Signed by Judge Sam R Cummings on 3/21/03) (tko, ) (Entered: 03/24/2003)
2003-03-25 28 0 MOTION in Limine by Rene Rivera (mje, ) (Entered: 03/25/2003)
2003-03-25 29 0 Exhibit List by Rene Rivera. (mje, ) (Entered: 03/25/2003)
2003-03-25 30 0 Designation of Video Depositions by Rene Rivera. (mje, ) (Entered: 03/25/2003)
2003-03-26 31 0 ORDER denying 28 Motion in Limine for failing to comply with Local Rule 7.1 (Signed by Judge Sam R Cummings on 03/26/03) (mje, ) (Entered: 03/26/2003)
2003-03-28 32 0 AMENDED MOTION in Limine by Rene Rivera (mje, ) (Entered: 03/28/2003)
2003-03-28 33 0 JOINT PRETRIAL ORDER (Signed by Judge Sam R Cummings on 03/28/03) (mje, ) (Entered: 03/31/2003)
2003-03-31 34 0 SECOND AMENDED MOTION in Limine by Rene Rivera (mje, ) (Entered: 03/31/2003)
2003-03-31 35 0 ORDER denying 32 Amended Motion in Limine (Signed by Judge Sam R Cummings on 03/31/03) (mje, ) (Entered: 04/01/2003)
2003-04-01 36 0 ORDER: Response to Pla's Second Amended Motion in Limine due by 4/4/2003 at 9:00 a.m. (Signed by Judge Sam R Cummings on 04/01/03) (mje, ) (Entered: 04/01/2003)
2003-04-03 37 0 MOTION in Limine and Order therein by Union Pacific Railroad Company (mje, ) (Entered: 04/03/2003)
2003-04-03 38 0 TRIAL BRIEF REGARDING JURY INSTRUCTIONS by Union Pacific Railroad Company. (mje, ) (Entered: 04/03/2003) 2015-02-02 16:08:12 5e20d8d80cdf71406b48558905aa656b0cabbfc8
2003-04-04 39 0 AMENDED EDITS OF VIDEO DEPOSITIONS by Rene Rivera. Amendment to 30 Designation of Deposition.. (mje, ) (Entered: 04/04/2003)
2003-04-04 40 0 AMENDED EXHIBIT LIST by Rene Rivera. Amendment to 29 Exhibit List.. (mje, ) (Entered: 04/04/2003)
2003-04-04 41 0 RESPONSE to Pla's Motion re 34 SECOND AMENDED MOTION in Limine filed by Union Pacific Railroad Company. (mje, ) (Entered: 04/04/2003)
2003-04-04 42 0 AMENDED MOTION in Limine by Union Pacific Railroad Company (mje, ) (Entered: 04/04/2003)
2003-04-04 43 0 Exhibit List by Union Pacific Railroad Company. (mje, ) (Entered: 04/04/2003)
2003-04-04 44 0 SUBPOENA issued for Lee Roy Nettles to appear 4-7-03 at 9:00 a.m. filed by Rene Rivera (mje, ) (Entered: 04/04/2003)
2003-04-04 45 0 SUBPOENA issued for Mark Lucky, Jr. to appear 4-7-03 at 9:00 a.m. filed by Rene Rivera (mje, ) (Entered: 04/04/2003)
2003-04-04 46 0 SUBPOENA issued for Monty Oates to appear 4-7-03 at 9:00 a.m. filed by Rene Rivera (mje, ) (Entered: 04/04/2003)
2003-04-04 47 0 SUBPOENA issued for Eric Meier to appear 4-7-03 at 9:00 a.m. filed by Rene Rivera (mje, ) (Entered: 04/04/2003)
2003-04-04 48 0 SUBPOENA issued for Artie Rivera to appear 4-7-03 at 9:00 a.m. filed by Rene Rivera (mje, ) (Entered: 04/04/2003)
2003-04-04 49 0 SUBPOENA issued for Tom Keis to appear 4-7-03 at 9:00 a.m. filed by Rene Rivera (mje, ) (Entered: 04/04/2003)
2003-04-04 50 0 ORDER granting in part and denying in part 34 Motion in Limine; Pla's Second Amended Motion in Limine is granted as to all Paragraphs except Paragraphs 29, 33, and 36, which are denied; (Signed by Judge Sam R Cummings on 04/04/03) (mje, ) (Entered: 04/04/2003)
2003-04-04 51 0 ORDER: time for responding to Def's Amended Motion in Limine filed 4-4-03 is hereby shortened to on or before 4-7-03 at 8:30 a.m.; no reply will be considered. (Signed by Judge Sam R Cummings on 04/04/03) (mje, ) (Entered: 04/04/2003)
2003-04-07 52 0 ORDER granting 42 Amended Motion in Limine EXCEPT as to Paragraphs 10, 12, and 30; and terminating 37 Motion in Limine (Signed by Judge Sam R Cummings on 04/07/03) (mje, ) (Entered: 04/07/2003)
2003-04-07 53 0 Jury Roll, with strike lists. (mje, ) (Entered: 04/07/2003)
2003-04-07 54 0 OBJECTIONS TO DEPOSITION EXCERPTS OF R CRAIG PONDER filed by Rene Rivera (mje, ) (Entered: 04/07/2003)
2003-04-07 55 0 RESPONSE to Motion re 42 Def's AMENDED MOTION in Limine filed by Rene Rivera. (mje, ) (Entered: 04/07/2003)
2003-04-07 56 0 Def's excerpts from deposition of Robert LeGrand, M.D. filed by Union Pacific Railroad Company (mje, ) (Entered: 04/08/2003)
2003-04-07 57 0 Def's Excerpts from deposition of R. Craig Ponder, M.D. filed by Union Pacific Railroad Company (mje, ) (Entered: 04/08/2003)
2003-04-08 58 0 Minute Entry for proceedings held before Judge Sam R Cummings : Jury Selection andJury Trial begun on 4/7/2003. (Court Reporter Mechelle Daniel.) (mje, ) (Entered: 04/08/2003)
2003-04-08 59 0 Minute Entry for proceedings held before Judge Sam R Cummings : Jury Trial completed on 4/8/2003. Jury verdict returned;post-trial motions due by 9:00 a.m. on 4-15-03 (Court Reporter Mechelle Daniel.) (mje, ) (Entered: 04/08/2003)
2003-04-08 60 0 CERTIFICATION OF TRIAL EXHIBITS FOR JURY DELIBERATIONS filed by all parties (mje, ) (Entered: 04/08/2003)
2003-04-08 61 0 Pla's Receipt for Exhibits filed by Rene Rivera (mje, ) (Entered: 04/08/2003)
2003-04-08 62 0 DEF'S RECEIPT FOR EXHIBITS filed by Union Pacific Railroad Company (mje, ) (Entered: 04/08/2003)
2003-04-08 63 0 COURT'S CHARGE TO THE JURY AND JURY VERDICT. (mje, ) (Entered: 04/08/2003) 2015-02-02 15:18:25 4c7b28e5aff189e79feacf02093698b317dabf88
2003-04-14 64 0 MOTION TO ENTER Judgment by Rene Rivera (mje, ) (Entered: 04/14/2003)
2003-04-15 65 0 MOTION FOR JUDGMENT AS A MATTER OF LAW, AND ALTERNATIVELY, MOTION for New Trial PURSUANT TO FRCP Rules 50 & 59 by Union Pacific Railroad Company (mje, ) (Entered: 04/15/2003)
2003-04-15 66 0 Memorandum in Support re 64 MOTION for Judgment filed by Rene Rivera. (mje, ) (Entered: 04/15/2003)
2003-04-17 67 0 ORDER: time for responding to Def's Motion for Judgment as a Matter of Law and, Alternatively, Motion for New Trial is hereby shortened to on or before 9:00 a.m. 4-24-03; no reply will be considered. (Signed by Judge Sam R Cummings on 04/17/03) (mje, ) (Entered: 04/18/2003)
2003-04-24 68 0 RESPONSE to Motion re 65 MOTION FOR JUDGMENT AS A MATTER OF LAW AND ALTERNATIVELY, MOTION for New Trial filed by Rene Rivera. (mje, ) (Entered: 04/24/2003)
2003-05-02 69 0 ORDER denying 65 Motion for Judgment as a Matter of Law, and Alternatively, Motion for New Trial (Signed by Judge Sam R Cummings on 05/02/03) (mje, ) (Entered: 05/02/2003)
2003-05-02 70 0 JUDGMENT in favor of Plaintiff against Defendant. Pla to recover $1,048,420.95 and costs of court from Def; with post-judgment interest at rate of 10% from date of judgment until date judgment is paid; Court orders execution issue for this judgment; Court denies all relief not granted in this judgment; this is a final judgment. (Signed by Judge Sam R Cummings on 05/02/03) (mje, ) (Entered: 05/02/2003)
2003-05-13 71 0 SUPPLEMENTAL MOTION to Amend Final Judgment or MOTION for New Trial by Union Pacific Railroad Company (mje, ) (Entered: 05/13/2003)
2003-05-15 72 0 MOTION to enter Amended Final Judgment by Rene Rivera (mje, ) (Entered: 05/15/2003)
2003-05-15 73 0 ORDER granting 71 Motion to Amend Judgment and denying 71 Motion for New Trial (Signed by Judge Sam R Cummings on 05/15/03) (mje, ) (Entered: 05/15/2003)
2003-05-15 74 0 JUDGMENT in favor of Plaintiff against Union Pacific Railroad Co.. Pla to recover $1,048,420.95 and costs of court from Def; post judgment interest is payable on all of above amounts at the rate of 1.31 percent from date of judgment until paid; Court orders execution issue; Court denies all relief not granted in this final judgment (Signed by Judge Sam R Cummings on 05/15/03) (mje, ) (Entered: 05/15/2003)
2003-05-21 75 0 ORDER finding as moot 72 Motion Amend Final Judgment (Signed by Judge Sam R Cummings on 5/21/03) (jgf, ) (Entered: 05/23/2003)
2003-05-27 76 0 NOTICE OF APPEAL as to 74 Judgment,, 70 Judgment, by Union Pacific Railroad Company. Filing fee $ 105.00, receipt number 38281. (tko, ) (Entered: 05/28/2003)
2003-06-02 77 0 TRANSCRIPT REQUEST by Union Pacific Railroad Company for proceedings held on April 7-8, 2003 before Judge Sam R. Cummings, re 76 Notice of Appeal. (mje, ) (Entered: 06/02/2003)
2003-07-01 78 0 TRANSCRIPT of TRIAL Proceedings held on April 7, 2003 before Judge Sam R. Cummings. Court Reporter: Mechelle Daniel. Two Volumes of Transcript (mje, ) (Entered: 07/02/2003)
2004-08-30 79 0 Opinion of USCA (certified copy) in accordance with USCA judgment re 76 Notice of Appeal filed by Union Pacific Railroad Company; we find a "legally sufficient evidentiary basis for reasonable jury" to render verdict for Rivera in this case, and thus DC properly denied Union Pacific's Rule 50 motion for judgment; we further find that DC did not abuse its discretion in denying Union Pacific's alternative motion for a new trial; judgment of DC and its order denying a new trial are affirmed (tko, ) (Entered: 08/31/2004)
2004-08-30 80 0 JUDGMENT/MANDATE of USCA as to 76 Notice of Appeal filed by Union Pacific Railroad Company. Issued as Mandate: 8/26/04; judgment of DC affirmed; further ordered that appellant pay to appellee costs on appeal to be taxed by clerk of this court (tko, ) (Entered: 08/31/2004)
2004-10-04 81 0 Release OF JUDGMENT and Settlement Agreement by Rene Rivera. (jgf, ) (Entered: 10/06/2004)