Epple v. Burlington Northern and Santa Fe Railway et al

Federal Civil Lawsuit Texas Northern District Court, Case No. 4:10-cv-00303
District Judge John McBryde, presiding
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District Judge John McBryde
Last Updated January 9, 2017 at 3:15 PM EST (9 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Gary D Epple, Plaintiff

Represented by Flaum & Associates, P. C.

Name Phone Fax E-Mail
Bar Status: Admitted/In Good Standing Gary D Epple +1 817 579 0974 garyepple@gmail.com

Represented by Law Offices of Herbert A. Terrell

Name Phone Fax E-Mail
TERMINATED: 10/18/2010, Bar Status: Admitted/In Good Standing Delila Margaret J. +1 817 424 4210 delilalaw@justice.com
v.
No Logo Brotherhood of Locomotive Engineers and Trainmen, Defendant

Represented by 1025 Connecticut Avenue, NW

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED, Bar Status: Not Admitted Michael Stephen Wolly +1 202 857 5000 +1 202 223 8417 mwolly@zwerdling.com

Represented by Law Offices of Yona Rozen PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Yona Rozen +1 214 720 2009 +1 214 720 2291 yrozen@yonarozenlaw.com
No Logo Burlington Northern and Santa Fe Railway, Defendant

Represented by Burlington Northern and Santa Fe Railway Company

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing David M Pryor +1 817 352 2286 +1 817 352 2399 david.pryor@bnsf.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Carolyn Ritchie +1 817 352 2365 +1 817 352 2399 carolyn.ritchie@bnsf.com
No Logo UNITED TRANSPORTATION UNION, Defendant

Represented by Baab & Denison LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Sanford R Denison +1 214 637 0750 +1 214 637 0730 denison@baabdenison.com

Represented by UNITED TRANSPORTATION UNION

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Kevin C Brodar +1 216 228 9400 +1 216 228 0937 kbrodar@smart-union.org
Attributes
Citation Section 28 U.S.C. § 1331
Nature of Suit 740 - Labor: Railway Labor Act
Timeline
  Entries (41) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 41 Filed: 1/18/2011, Entered: None
JUDGMENT/MANDATE of USCA #10-11069 as to 28 Notice of Appeal, filed by Gary D Epple...Under 5TH CIR.R.42 (b),the appeal is dismissed as of January 7, 2011, pursuant to appellant's motion...ENTERED AT THE DIRECTION OF THE COURT. Issued as Mandate: 1/7/2011. (tle) (Entered: 01/19/2011)
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Legal Document (Payment Possibly Required) 40 Filed: 11/22/2010, Entered: None Court Filing
FINAL JUDGMENT... all claims and causes of action asserted by plaintiff against defendant, BNSF Railway Company, are hereby dismissed with prejudice. (Ordered by Judge John McBryde on 11/22/2010) (krg) (Entered: 11/22/2010)
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Legal Document (Payment Possibly Required) 39 Filed: 11/22/2010, Entered: None Court Filing
MEMORANDUM OPINION and ORDER granting 35 MOTION to Dismiss... all claims and causes of action filed by plaintiff against BNSF are hereby dismissed with prejudice. See Order for further specifics. (Ordered by Judge John McBryde on 11/22/2010) (krg) (Entered: 11/22/2010)
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Legal Document (Payment Possibly Required) 38 Filed: 11/2/2010, Entered: None Court Filing
ORDER: The court ORDERS that by 3:00 p.m. on November 16, 2010: (i) plaintiff file a document with the court informing the court of his intention to proceed pro se in this action; or (ii) if plaintiff is represented by new counsel, plaintiff's attorney file a notice of appearance with the court. (Ordered by Judge John McBryde on 11/2/2010) (klm) (Entered: 11/02/2010)
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Legal Document (Payment Possibly Required) 37 Filed: 10/28/2010, Entered: None
RESPONSE TO 33 ORDER...Plaintiff Motion to proceed pro se pending case assignment by Gary D Epple re 28 Notice of Appeal, filed by Gary D Epple. (tle) Modified on 11/2/2010 per LC (tle). (Entered: 10/28/2010)
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Legal Document (Payment Possibly Required) 36 Filed: 10/20/2010, Entered: None
Brief in Support filed by Burlington Northern and Santa Fe Railway re 35 MOTION to Dismiss. (klm) (Entered: 10/20/2010)
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Legal Document (Payment Possibly Required) 35 Filed: 10/20/2010, Entered: None
MOTION to Dismiss filed by Burlington Northern and Santa Fe Railway. (klm) (Entered: 10/20/2010)
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Legal Document (Payment Possibly Required) 34 Filed: 10/18/2010, Entered: None Court Filing
ORDER GRANTING MOTION TO PROCEED ON APPEAL IN FORMA PAUPERIS...granting 29 Motion for Leave to Proceed in forma pauperis. (Ordered by Magistrate Judge Jeffrey L Cureton on 10/18/2010) (klm) (Entered: 10/18/2010)
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Legal Document (Payment Possibly Required) 33 Filed: 10/18/2010, Entered: None Court Filing
ORDER granting 30 Motion to Withdraw as Attorney. Attorney Delila Ledwith terminated. The court orders by 2:00 p.m. on November 1, 2010: (i) plaintiff file a document with the court informing the court of his intention to proceed pro se in this action; or, (ii) if plaintiff is represented by new counsel, plaintiff's attorney file a notice of appearance with the court. (Ordered by Judge John McBryde on 10/18/2010) (klm) (Entered: 10/18/2010)
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Legal Document (Payment Possibly Required) 32 Filed: 10/15/2010, Entered: None Court Filing
ORDER REFERRING 29 Motion for Leave to Proceed in forma pauperis filed by Gary D Epple. Motion(s) referred to Magistrate Judge Jeffrey L Cureton to perform the necessary financial screening. (Ordered by Judge John McBryde on 10/15/2010) (klm) (Entered: 10/15/2010)
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Legal Document (Payment Possibly Required) 31 Filed: 10/15/2010, Entered: None
JOINT STATUS REPORT filed by Burlington Northern and Santa Fe Railway, Gary D Epple. (klm) (Entered: 10/15/2010)
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Legal Document (Payment Possibly Required) 30 Filed: 10/15/2010, Entered: None
MOTION to Withdraw as Attorney (Delila Ledwith) filed by Gary D Epple. (klm) (Entered: 10/15/2010)
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Legal Document (Payment Possibly Required) 29 Filed: 10/14/2010, Entered: None
MOTION for Leave to Proceed in forma pauperis on appeal re 28 Notice of Appeal, filed by Gary D Epple with Declaration in Support. (tle) (Entered: 10/14/2010)
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Legal Document (Payment Possibly Required) 28 Filed: 10/14/2010, Entered: None
NOTICE OF APPEAL to the Fifth Circuit as to 27 Order, by Gary D Epple, Pro Se, $455 fee due, IFP filed with NOA. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (tle) (Entered: 10/14/2010)
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Legal Document (Payment Possibly Required) 27 Filed: 9/15/2010, Entered: None Court Filing
FINAL JUDGMENT AS TO CERTAIN PARTIES: All claims and causes of action asserted by plaintiff, Gary Epple, against defendants Brotherhood of Locomotive Engineers and Trainmen and United Transportation Union are dismissed with prejudice. (Ordered by Judge John McBryde on 9/15/2010) (klm) (Entered: 09/15/2010)
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Legal Document (Payment Possibly Required) 26 Filed: 9/15/2010, Entered: None Court Filing
Memorandum Opinion and Order granting 13 Motion to Dismiss filed by Brotherhood of Locomotive Engineers and Trainmen, and 19 Motion to Dismiss filed by United Transportation Union. [see Order for specifics] (Ordered by Judge John McBryde on 9/15/2010) (klm) (Main Document 26 replaced on 9/16/2010) (npk). (Entered: 09/15/2010)
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Legal Document (Payment Possibly Required) 25 Filed: 9/15/2010, Entered: None Court Filing
ORDER: This order pertains to preparation of a status report and also contains directives that will govern procedures applicable throughout the pendency of this action. The Joint Status Report shall be filed by 4:00 p.m. on October 15,2010. [see Order for specifics] (Ordered by Judge John McBryde on 9/15/2010) (klm) (Entered: 09/15/2010)
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Legal Document (Payment Possibly Required) 24 Filed: 9/8/2010, Entered: None
MOTION to Strike 22 Reply Brief filed by Gary D Epple. (klm) (Entered: 09/08/2010)
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Legal Document (Payment Possibly Required) 23 Filed: 9/8/2010, Entered: None
RESPONSE filed by Gary D Epple re: 19 MOTION to Dismiss by Defendant United Transportation Union. (klm) (Entered: 09/08/2010)
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Legal Document (Payment Possibly Required) 22 Filed: 8/30/2010, Entered: None
REPLY Brief in Support filed by Brotherhood of Locomotive Engineers and Trainmen re: 13 MOTION to Dismiss. (klm) (Entered: 08/31/2010)
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Legal Document (Payment Possibly Required) 21 Filed: 8/20/2010, Entered: None
RESPONSE filed by Gary D Epple re: 13 MOTION to Dismiss by Defendant Brotherhood of Locomotive Engineers and Trainment. (klm) (Entered: 08/20/2010)
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Legal Document (Payment Possibly Required) 20 Filed: 8/17/2010, Entered: None
Memorandum in Support filed by United Transportation Union re 19 MOTION to Dismiss. (klm) (Entered: 08/17/2010)
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Legal Document (Payment Possibly Required) 19 Filed: 8/17/2010, Entered: None
MOTION to Dismiss filed by United Transportation Union. (klm) (Entered: 08/17/2010)
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Legal Document (Payment Possibly Required) 18 Filed: 8/13/2010, Entered: None
NOTICE of Change of Address for Attorney Kevin C Brodar on behalf of United Transportation Union, 24950 County Club Blvd., Suite 340, North Olmsted, OH, 44070. (klm) (Entered: 08/13/2010)
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Legal Document (Payment Possibly Required) 17 Filed: 8/3/2010, Entered: None Court Filing
ORDER granting 16 Application for Admission Pro Hac Vice of Michael S. Wolly. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge John McBryde on 8/3/2010) (klm) (Entered: 08/03/2010)
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Legal Document (Payment Possibly Required) 16 Filed: 8/2/2010, Entered: None
Application for Admission Pro Hac Vice without Cert. of Good Standing for Attorney Michael S. Wolly (Filing fee $25; Receipt number fw011972) filed by Brotherhood of Locomotive Engineers and Trainmen (wrb) (Entered: 08/03/2010)
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Legal Document (Payment Possibly Required) 15 Filed: 7/30/2010, Entered: None
CERTIFICATE OF INTERESTED PERSONS by Brotherhood of Locomotive Engineers and Trainmen. (klm) (Entered: 07/30/2010)
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Legal Document (Payment Possibly Required) 14 Filed: 7/30/2010, Entered: None
Brief in Support filed by Brotherhood of Locomotive Engineers and Trainmen re 13 MOTION to Dismiss. (klm) (Entered: 07/30/2010)
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Legal Document (Payment Possibly Required) 13 Filed: 7/30/2010, Entered: None
MOTION to Dismiss filed by Brotherhood of Locomotive Engineers and Trainmen. (klm) (Entered: 07/30/2010)
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Legal Document (Payment Possibly Required) 12 Filed: 7/21/2010, Entered: None Court Filing
ORDER granting 9 Application for Admission Pro Hac Vice of Kevin C. Broder. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge John McBryde on 7/21/2010) (wrb) (Entered: 07/21/2010)
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Legal Document (Payment Possibly Required) 11 Filed: 7/16/2010, Entered: None
CERTIFICATE OF INTERESTED PERSONS by Burlington Northern and Santa Fe Railway. (wrb) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 10 Filed: 7/16/2010, Entered: None
ANSWER to 1 Complaint,, filed by Burlington Northern and Santa Fe Railway (wrb) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 9 Filed: 7/19/2010, Entered: None
Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Kevin C. Brodar (Filing fee $25; Receipt number FW011844) filed by United Transportation Union (wrb) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 8 Filed: 7/19/2010, Entered: None
CERTIFICATE OF INTERESTED PERSONS by United Transportation Union. (wrb) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 7 Filed: 7/19/2010, Entered: None
ANSWER to 1 Complaint,, filed by United Transportation Union (wrb) (Entered: 07/19/2010)
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Legal Document (Payment Possibly Required) 6 Filed: 7/7/2010, Entered: None
WAIVER OF SERVICE OF SUMMONS as to Burlington Northern and Santa Fe Railway. Waiver sent on 5/18/2010. (wrb) Modified on 7/9/2010 (wrb). (Entered: 07/08/2010)
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Legal Document (Payment Possibly Required) 5 Filed: 7/7/2010, Entered: None
WAIVER OF SERVICE OF SUMMONS as to Brotherhood of Locomotive Engineers and Trainmen. Waiver sent on 5/18/2010. (wrb) Modified on 7/9/2010 (wrb). (Entered: 07/08/2010)
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Legal Document (Payment Possibly Required) 4 Filed: 7/7/2010, Entered: None
WAIVER OF SERVICE of Summons as to United Transportation Union. Waiver sent on 5/28/2010. (wrb) Modified on 7/9/2010 (wrb). (Entered: 07/08/2010)
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Legal Document (Payment Possibly Required) 3 Filed: 5/18/2010, Entered: None Court Filing
ORDER: Unless plaintiff complies with the standing order by May 21 2010, the action is subject to dismissal w/o further notice. Gary Epple has not delivered to the clerk the original and one copy of his complaint in paper form, bearing original signatures. (Ordered by Judge John McBryde on 5/18/2010) (wrb) (Entered: 05/18/2010)
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Legal Document (Payment Possibly Required) 2 Filed: 4/30/2010, Entered: None Court Filing
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 4/30/2010) (dld) (Entered: 04/30/2010)
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Legal Document (Payment Possibly Required) 1 Filed: 4/29/2010, Entered: None Court Filing
COMPLAINT WITH JURY DEMAND against All Defendants filed by Gary D Epple. Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; Receipt number 0539-3239262) (Attachments: # 1 Cover Sheet, # 2 Certificate of Interested Parties) (Ledwith, Delila) (Entered: 04/29/2010)
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