Bigelow, et al v. Nat'l Railroad

Federal Civil Lawsuit Oregon District Court, Case No. 3:89-cv-01002-MA
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Parties
No Logo CHARLES JOHNSON, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
No Logo Clifford Burnham, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
No Logo Dale Garland, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
No Logo David Kerr, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
No Logo David Vreuls, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
No Logo Dennis Holmes, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
No Logo Gary Olson, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
No Logo Keith Honea, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
No Logo Mark Ellston, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
No Logo Marven Dorsey, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
No Logo Nelda Wilson, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
No Logo Philip Martin, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
No Logo Richard Finch, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
No Logo Richard Irving, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
No Logo Stephen Bigelow, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
No Logo Steven Sala, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Donald N Atchison +1 541 385 8930
v.
No Logo National Railroad Passenger Corporation, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Carolyn E Wells +1 503 293 0052

Represented by The Rosen Law Firm

Name Phone Fax E-Mail
Space Steven O. Rosen +1 503 525 2525 +1 503 525 2526 rosen@rosenlawfirm.com
Attributes
Office Portland
Filed 9/21/1989
Jury Demand Plaintiff
Demand $0
Nature of Suit 365 - Personal Injury: Product Liability
Cause Section 28 U.S.C. § 1446 Petition for Removal- Personal Injury
Jurisdiction Diversity
Disposition Dismissed - Settled
County Multnomah
Terminated 1/25/1991
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case A8908-04886[Multnomah County]
Def Custody Status
Flags APPEAL, FRC, TERMINATED
Timeline
  Entries (78) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 3/7/1994, Entered: 3/7/1994 Federal Records Center Information
CASE FILE SENT TO THE FRC Accession number 21-94-0042 Location number 3028585 Box 52 of 197 (former employee)
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Blank 73 Filed: 6/24/1991, Entered: 6/24/1991 TranscriptCourt Filing
TRANSCRIPT of proceedings held 1/22/91 before Judge Marsh filed (former employee)
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Blank -- Filed: 6/24/1991, Entered: 6/24/1991 Certificate of Record by Clerk to USCA
Certificate of Record Transmitted to US Court of Appeals for the Ninth Circuit re appeal & cc all cnsl (former employee)
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Blank 72 Filed: 4/26/1991, Entered: 4/29/1991 Order
ORDER - Deft is awarded costs in the amt of $2,916.75 for depos & t/p, $120.00 for fees of the clk, & $20.00 for docket fees for a grand total of $3,056.75. SO ORD ntfd Signed 4/26/91 microfilmed 4/29/91 Honorable Malcolm F. Marsh (former employee)
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Blank 71 Filed: 4/26/1991, Entered: 4/29/1991 Opinion
Opinion - see ord dated 4/26/91 for specifics. ntfd Signed 4/26/91 microfilmed 4/29/91 Honorable Malcolm F. Marsh (former employee)
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Blank 70 Filed: 4/1/1991, Entered: 4/1/1991 Motion Hearing
RECORD OF ORD: setting pltfs' objection [63-1] to Deft's cost bill #62 on M/C 4/8/91(noa) (ruling on submissions) ntfd Honorable Malcolm F. Marsh (former employee)
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Blank 69 Filed: 2/21/1991, Entered: 2/22/1991 Transcript Designation and Order Form
Transcript Designation and Ordering Form for date(s) 1/22/91 (former employee)
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Blank 68 Filed: 2/19/1991, Entered: 2/20/1991 Affidavit
Affidavit of Carolyn E. Wells in support of Deft's rresponse to pltfs' objns to cost bill (former employee)
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Blank 67 Filed: 2/19/1991, Entered: 2/20/1991 Response
Response by defendant to pltfs' objns to cost bill (former employee)
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Blank 66 Filed: 2/14/1991, Entered: 2/14/1991 Certificate Of Service.
Certificate of svc by plaintiff (former employee)
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Blank 65 Filed: 2/14/1991, Entered: 2/14/1991 Affidavit
Affidavit of Robert J. Neuberger in support of obj to dft's cost bill (former employee)
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Blank 64 Filed: 2/14/1991, Entered: 2/14/1991 Memorandum in Support
Memorandum in support by plaintiff of objections to deft's cost bill (former employee)
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Blank 63 Filed: 2/14/1991, Entered: 2/14/1991 Objection
Objections by plaintiff to bill of costs [62-1] (former employee)
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Blank 62 Filed: 2/7/1991, Entered: 2/7/1991, Terminated: 9/28/1993 Bill of Costs
Bill of costs submitted by defendant Nat'l Railroad (former employee)
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Blank 61 Filed: 2/7/1991, Entered: 2/7/1991 Notice of Appeal
Notice of appeal by plaintiff from Dist. Court decision [56-2] (cpriestley)
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Blank -- Filed: 2/7/1991, Entered: 2/7/1991 Notification of Appeal Sent
Notification form sent to US Court of Appeals for the Ninth Circuit (cpriestley)
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Blank -- Filed: 2/7/1991, Entered: 2/7/1991 Fee Paid
Received C/A fee of $: 100. D/C fee of $: 5. ( Receipt # 95904) (cpriestley)
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Blank 60 Filed: 2/4/1991, Entered: 2/5/1991 Certificate Of Service.
Certificate of svce by plaintiffs (former employee)
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Blank 59 Filed: 2/4/1991, Entered: 2/5/1991 Affidavit
Affidavit of Robert J. Neuberger (former employee)
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Blank 58 Filed: 2/4/1991, Entered: 2/5/1991 Concise Statement of Material Fact
Statement of material facts as to which there are genuine issues of fact re Deft's 2nd mot for S/J by plaintiffs (former employee)
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Blank 57 Filed: 2/4/1991, Entered: 2/5/1991 Memorandum in Opposition
Memorandum by plaintiffs in response to Deft Amtrak's suplmntl mot for S/J o/a reqstd (former employee)
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Blank 56 Filed: 1/25/1991, Entered: 1/28/1991 Judgment*
JUDGMENT: ORD this action is dsmsd. ntfd Signed 1/25/91 microfilmed 1/28/91 Honorable Malcolm F. Marsh (former employee)
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Blank 55 Filed: 1/22/1991, Entered: 1/28/1991 Motion Hearing
RECORD OF HRG: ORD grant dft's motion for summary judgment on the ground of preemption [45-1] ORD striking PTC 4/22/91 & J/T 4/30/91 dates , ntfd Honorable Malcolm F. Marsh (former employee)
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Blank 54 Filed: 1/15/1991, Entered: 1/16/1991 reply to motion
Reply by defendant Nat'l Railroad in support of its motion for summary judgment on the ground of preemption [45-1] (former employee)
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Blank 53 Filed: 1/10/1991, Entered: 1/11/1991 Certificate Of Service.
Certificate of svc by plaintiff (former employee)
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Blank 52 Filed: 1/8/1991, Entered: 1/9/1991 Affidavit
Affidavit of Robert J. Neuberger (former employee)
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Blank 51 Filed: 1/8/1991, Entered: 1/9/1991 Affidavit
Affidavit of Robert J. Neuberger in support of motion for leave to file a potentially-late response #49 [49-1] (former employee)
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Blank 50 Filed: 1/8/1991, Entered: 1/9/1991 Concise Statement of Material Fact
Statement of material facts as to which there are genuine issues of fact re Deft's 2nd mot for S/J by plaintiffs (former employee)
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Blank 49 Filed: 1/8/1991, Entered: 1/9/1991 Motion for Leave
MOTION by plaintiffs' for leave to file a potentially-late response #49 (former employee)
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Blank 48 Filed: 12/21/1990, Entered: 12/26/1990 Motion Hearing
RECORD OF ord granting deft's motion for leave to file motion for summary judgment on issue of preemption [44-1] ORD setting deft's for summary judgment on the ground of preemption [45-1] on m/c of 1/22/91 at 1:30pm. ntfd Honorable Malcolm F. Marsh (former employee)
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Blank 47 Filed: 12/14/1990, Entered: 12/17/1990 Concise Statement of Material Fact
Statement of facts as to which there is no genuine issue. (cpriestley)
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Blank 46 Filed: 12/14/1990, Entered: 12/17/1990 Memorandum in Support
Memorandum in support of motion for summary judgment on the ground of preemption [45-1] (cpriestley)
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Blank 45 Filed: 12/14/1990, Entered: 12/17/1990 Motion for Summary Judgment
MOTION by defendant Nat'l Railroad for summary judgment on the ground of preemption #45 o/a req (cpriestley)
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Blank 44 Filed: 12/14/1990, Entered: 12/17/1990 Motion for Leave
MOTION by defendant Nat'l Railroad for leave to file motion for summary judgment on issue of preemption #44 (cpriestley)
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Blank 43 Filed: 11/16/1990, Entered: 11/19/1990 Notice
Notice by defendant that Steven O. Rosen of Miller, Nash will receive all notcs from the ct in this matter. (former employee)
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Blank 42 Filed: 9/19/1990, Entered: 9/20/1990 Motion Hearing
RECORD OF ORD: setting for a 2 day J/T commencing Tues 4/30/91 at 9:30 am & setting for PTC Mon 4/22/91 at 4:00 pm. ( the ct' s previous ord on pretrial submissions shall be followed). , ntfd Honorable Malcolm F. Marsh (former employee)
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Blank 41 Filed: 8/22/1990, Entered: 8/23/1990 TranscriptCourt Filing
Transcript filed held 8/6/90 before Judge Marsh (former employee)
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Blank 40 Filed: 8/20/1990, Entered: 8/21/1990 Description not available
Notice by defendant Nat'l Railroad of taking deposition of Custodian of Records, Assets Protection Dept for BNRC on 9/4/90 (former employee)
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Blank 39 Filed: 8/20/1990, Entered: 8/21/1990 Description not available
Notice by defendant Nat'l Railroad of taking deposition of Loren Mueller, Genrl Mgr for BNRC on 8/31/90 (former employee)
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Blank 38 Filed: 8/17/1990, Entered: 8/20/1990 Description not available
Notice by defendant of taking deposition of Loren Mueller on 8/31/90 (former employee)
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Blank 37 Filed: 8/14/1990, Entered: 8/15/1990 Motion Hearing
RECORD OF phone conf: ORD striking the 8/23/90 PTC & 9/12/90 J/T dates. (Parties to advise re consent to a magistrate.) , ntfd Honorable Malcolm F. Marsh (former employee)
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Blank 36 Filed: 8/6/1990, Entered: 8/8/1990 Motion Hearing
RECORD OF hrg: ORD Deft's mot for s/j or for p/s/j #19 GRANTED as to battery, denied as to negligence, punitive damages, mental & emotional distress & DENIED as to Pltf Vreuls. ORD striking the 8/27/90 PTC & 8/29/90 J/T dates, & resetting for PTC on Thurs 8/23/90 at 4:00 pm & for 3 day J/T commencing Wed 9/12/90 at 9:30 am. ORD the pretrial memo submissions shall be filed according to these new dates. , ntfd Honorable Malcolm F. Marsh (former employee)
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Blank 35 Filed: 7/30/1990, Entered: 7/31/1990 Concise Statement of Material Fact
Supplemental Statement of material facts as to which there is no genuine issue by defendant (former employee)
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Blank 34 Filed: 7/30/1990, Entered: 7/31/1990 reply to motion
Reply by defendant in support of motion for summary judgment #19 [19-1], motion for partial summary judgment #19 [19-2] (former employee)
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Blank 33 Filed: 7/19/1990, Entered: 7/19/1990 Concise Statement of Material Fact
Statement of material facts by plaintiffs as to which there are genuine issues of fact (former employee)
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Blank 32 Filed: 7/19/1990, Entered: 7/19/1990 Memorandum in Opposition
Memorandum by plaintiffs in opposition to Deft's motion for summary judgment #19 [19-1], motion for partial summary judgment #19 [19-2] (former employee)
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Blank 31 Filed: 7/18/1990, Entered: 7/18/1990 Description not available
ANSWER by defendant Nat'l Railroad to 2nd A/Complt (former employee)
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Blank 30 Filed: 7/13/1990, Entered: 7/16/1990 Motion Hearing
RECORD OF ORD: Granting pltf's mot for ext of time in re deft's dmot for s/j #23 to 7/19/90 by 4:00 pm. ORD granting deft's mot suplmntl pltf's mot for ext #25; Deft's reply is due 7/30/90 by 4:00 pm. ORD resetting hrg on Deft's mot for s/j or for part. s/j #19 from 7/30/90 to 8/6/90 o/a m/c at 1:30 pm. ntfd Honorable Malcolm F. Marsh (former employee)
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Blank 29 Filed: 7/10/1990, Entered: 7/11/1990 Supplement
Supplement to defendant's stmt of material facts as to which there is no genuine issue (former employee)
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Blank 28 Filed: 7/10/1990, Entered: 7/10/1990 Description not available
AMENDED complaint & demand for J/T (former employee)
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Blank 27 Filed: 7/10/1990, Entered: 7/10/1990, Terminated: 1/25/1991 Stipulation
Stipulated mot for leave to file a 2nd A/Complt & demand for J/T (former employee)
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Blank 26 Filed: 7/6/1990, Entered: 7/6/1990 Affidavit
Affidavit of Carolyn E. Wells in support of deft's motion to supplement pltfs' motion for extension of time #23 in re to deft's motion for s/j #19-1 & 19-2 [25-1] (former employee)
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Blank 25 Filed: 7/6/1990, Entered: 7/6/1990, Terminated: 7/13/1990 Motion to Supplement
MOTION by defendant to supplement pltfs' motion for extension of time #23 in re to deft's motion for s/j #19-1 & 19-2,, #25 (former employee)
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Blank 24 Filed: 7/6/1990, Entered: 7/6/1990 Affidavit
Affidavit of Robert J. Neuberger regarding motion to extend time to file response to deft's mot for s/j [19-1 & [19-2] # [23-1] (former employee)
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Blank 23 Filed: 7/6/1990, Entered: 7/6/1990, Terminated: 7/13/1990 Motion for Extension of Time
MOTION by plaintiff to extend time to file response to deft's mot for s/j [19-1 & [19-2] #23 exp. ruling req. (former employee)
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Blank 22 Filed: 7/5/1990, Entered: 7/5/1990 Motion Hearing
RECORD OF ord setting deft's motion for summary judgment [19-1] & motion for partial summary judgment [19-2] on m/c of 7/30 at 1:30pm. ntfd Honorable Malcolm F. Marsh (former employee)
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Blank 21 Filed: 6/29/1990, Entered: 7/2/1990 Concise Statement of Material Fact
Statement of facts by defendant in support of motion for summary judgment #19 [19-1], in support of motion for partial summary judgment #19 [19-2] (former employee)
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Blank 20 Filed: 6/29/1990, Entered: 7/2/1990 Memorandum in Support
Memorandum by defendant in support of motion for summary judgment #19 [19-1], of motion for partial summary judgment #19 [19-2] (former employee)
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Blank 19 Filed: 6/29/1990, Entered: 7/2/1990 Motion for Summary Judgment
MOTION by defendant for summary judgment #19 , or for partial summary judgment #19 o/a reqstd (former employee)
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Blank 18 Filed: 5/18/1990, Entered: 5/18/1990 Motion Hearing
RECORD OF ORD: granting Deft's motion to extend time in which to file motsto 6/29/90 #16 . All S/J mots shall be filed 6/29/90, responses filed 7/10/90, replies filed 7/30/90. Hrg on any s/j mots will be Mon 8/6/90 at 1:30 pm. , ntfd Honorable Malcolm F. Marsh (former employee)
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Blank 17 Filed: 5/3/1990, Entered: 5/4/1990 Affidavit
Affidavit of Carolyn E. Wells regarding motion to extend time in which to file motsto 6/29/90 #16 [16-1] (former employee)
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Blank 16 Filed: 5/3/1990, Entered: 5/4/1990 Motion for Extension of Time
MOTION by defendant to extend time in which to file motsto 6/29/90 #16 (former employee)
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Blank 15 Filed: 4/9/1990, Entered: 4/11/1990 Order
ORDER establishing Jury Trial date & PTC dates & procedures (see m.o. dated 4/6/90 for specifics) ntfd Signed 4/9/90 microfilmed 4/11/90 Honorable Malcolm F. Marsh (former employee)
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Blank 14 Filed: 4/6/1990, Entered: 4/11/1990 Motion Hearing
RECORD OF Rule 16 Scheduling Conf: ORD the following schedule will be followed in this case: 6/1/90 Discvy ends. No PTO is required to be ldgd. 8/27/90 PTC 4:00 (see procedural ord) 8/29/90 2 day J/T 9:30 am. , , ntfd Honorable Malcolm F. Marsh (former employee)
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Blank 13 Filed: 3/21/1990, Entered: 3/21/1990 Description not available
Notice by defendant Nat'l Railroad of taking deposition of Marven Dorsey on 4/11/90 at 9am (former employee)
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Blank 12 Filed: 2/22/1990, Entered: 2/26/1990 Order
ORDER re PT scheduling (see m.o. dated 2/20/90 for specifics) ntfd Signed 2/22/90 microfilmed 2/26/90 Honorable Malcolm F. Marsh (former employee)
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Blank 11 Filed: 2/20/1990, Entered: 2/26/1990 Motion Hearing
RECORD OF ord: Granting stip mot for ext of discvy to 4/21/90 & ext of PTO to 5/21/90 #9. ORD setting for Rrule 16 Scheduling conf on 4/6/90 at 8:15 am. (see ord) , ntfd Honorable Malcolm F. Marsh (former employee)
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Blank 10 Filed: 2/7/1990, Entered: 2/8/1990 Affidavit
Affidavit of Steven O. Rosen regarding motion to extend discovery & PTO ldg #9 [9-1] (former employee)
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Blank 9 Filed: 2/7/1990, Entered: 2/8/1990 Motion for Extension of Discovery & PTO Deadlines
Stip MOTION to extend discovery & PTO ldg #9 (former employee)
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Blank 8 Filed: 1/31/1990, Entered: 2/1/1990 Description not available
ANSWER by defendant to A/Complt (former employee)
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Blank 7 Filed: 1/31/1990, Entered: 2/1/1990 Description not available
AMENDED complaint & demand for J/T [1-2] n; adding Gary Olson, Richard Finch, Keith Honea, David Vreuls (former employee)
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Blank -- Filed: 1/31/1990, Entered: 2/1/1990 Jury Demand
Demand for jury trial by plaintiffs (former employee)
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Blank 6 Filed: 1/23/1990, Entered: 1/24/1990 Motion Hearing
RECORD OF ORD: granting pltfs' motion to amend Complnt #5 [5-1] ntfd Honorable Malcolm F. Marsh (former employee)
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Blank 5 Filed: 1/18/1990, Entered: 1/19/1990 Motion to Amend/Correct
MOTION by plaintiffs to amend Complnt #5 (former employee)
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Blank 4 Filed: 12/22/1989, Entered: 12/26/1989 Scheduling
Stipulation and ORDER: ext disc to 2/20/90 and pto to 3/20/90. , ntfd Signed 12/22/89 Honorable Malcolm F. Marsh (former employee)
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Blank 3 Filed: 9/28/1989, Entered: 9/29/1989 Description not available
ANSWER by defendant Nat'l Railroad (former employee)
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Blank 2 Filed: 9/21/1989, Entered: 9/22/1989 Discovery Order
ORDER: discovery ddl set for 1/19/90 ;setting pretrial order ddl for 2/18/90 (former employee)
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Blank 1 Filed: 9/21/1989, Entered: 9/22/1989 Notice of Removal
Petition for Removal by defendant Nat'l Railroad from Multnomah County (former employee)
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