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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2022-02-10
Type Cc Pers Injury Fed Empl Liab
Docket 51 entries
Disposition tried by court-civil

Parties

Plaintiff The Estate Of James Loy Hurley
Defendant Union Pacific Railroad Company
Photo of Hon. Melenbrink Victor Joseph

Judge

Hon. Melenbrink Victor Joseph

Jefferson County (MO)

Missouri

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Lawyers

Docket Entries

  1. udge Assigned
  2. rder Withdrawing Attorney: SO ORDERED; VICTOR MELENBRINK, CIRCUIT JUDGE DIV. FIVE
  4. otc of Term Limtd Apprnc Fild Termination of Limited Appearance; Electronic Filing Certificate of Service. Filed By: JONATHAN THEODORE STERNBERG On Behalf Of: CAROL HURLEY
  6. oluntary Dismissal Filed Dismissal without Prejudice; Electronic Filing Certificate of Service. Filed By: WILLIAM M WUNDERLICH On Behalf Of: THE ESTATE OF JAMES LOY HURLEY
  8. eturned Mail-Undeliverable U.S. POSTAL SERVICE RETURNED MAIL ADDRESSED TO: ANN BUCKLEY, NOTICE OF JUDGMENT, RETURN TO SENDER- ATTEMPTED- NOT KNOWN.
  10. otice
  12. ried by Court-Civil
  13. udgment Entered JUDGMENT ON THE PLEADINGS, AS TO COUNT I, JUDGMENT ON THE PLEADINGS IS ENTERED FOR DEFENDANT. In light of the Court's May 26, 2022, Order dismissing Count II, all claims are finally resolved. SO ORDERED; VICTOR MELENBRINK, CIRCUIT JUDGE DIV. FIVE
  14. ivil Setting Held Associated Entries: 07/06/2022 - Civil Setting Scheduled + Scheduled For: 07/28/2022; 10:30 AM; VICTOR JOSEPH MELENBRINK; Jefferson
  16. esponse Filed Defendant Union Pacific Railroad Companys Reply Brief in Support of Its Motion for Judgment on the Pleadings; Electronic Filing Certificate of Service. Filed By: ANN ELIZABETH BUCKLEY On Behalf Of: UNION PACIFIC RAILROAD COMPANY
  18. uggestions in Opposition Plaintiffs Suggestions in Opposition to Defendants Motion for Judgment on the Pleadings; Electronic Filing Certificate of Service. Filed By: WILLIAM M WUNDERLICH On Behalf Of: THE ESTATE OF JAMES LOY HURLEY
  20. eply Plaintiffs Reply to Defendant Union Pacific Railroad Companys Affirmative Defenses; Electronic Filing Certificate of Service. Filed By: WILLIAM M WUNDERLICH On Behalf Of: THE ESTATE OF JAMES LOY HURLEY, CAROL HURLEY
  22. ivil Setting Scheduled This case will be heard remotely via the WEBEX teleconference platform. Parties appearing for this docket must either install the "Cisco Webex Meetings" application on a phone or tablet, or mustuse the Webex software on a laptop or desktop computer. Registration for a Webex account is required for attorneys, and encouraged for everyone else. Presence by video is also strongly encouraged, but not required. Upon signing in to the meeting you will beassigned to the waiting room until your case is taken up. It is recommended that attendees use test their ability to connect to the meeting beforehand. If an attorney or party is unable to comply with the above requirements, contact the court BEFORE the courtdate. JeffCo Div 5 (Melenbrink) Docket. Meeting number: 146 323 9063. Meeting password: 23D5. If you cannot use the Webex application, call (408) 418-9388, and then enter the meeting ID to join by audio only. Associated Entries: 07/28/2022 - Civil Setting Held Scheduled For: 07/28/2022; 10:30 AM; VICTOR JOSEPH MELENBRINK; Jefferson
  23. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: ANN ELIZABETH BUCKLEY On Behalf Of: UNION PACIFIC RAILROAD COMPANY
  25. esponse Filed MOTION FOR JUDGMENT REVIEWED BY JUDGE
  26. Entry of Appearance Filed
  27. uggestions in Support Defendant Union Pacific Railroad Companys Suggestions in Support of Its Motion for Judgment on the Pleadings; Electronic Filing Certificate of Service. Filed By: ANN ELIZABETH BUCKLEY On Behalf Of: UNION PACIFIC RAILROAD COMPANY
  28. otion Filed Defendant Union Pacific Railroad Companys Motion for Judgment on the Pleadings; Exhibit 1 Petition; Exhibit 2 Order; Exhibit 3 Answer; Electronic Filing Certificate of Service. SENT TO JUDGE Filed By: ANN ELIZABETH BUCKLEY
  29. Corporation Served
  30. nswer Filed Union Pacific Railroad Companys Answer and Affirmative Defenses to Plaintiffs Petition; Electronic Filing Certificate of Service. Filed By: ANN ELIZABETH BUCKLEY On Behalf Of: UNION PACIFIC RAILROAD COMPANY
  31. Summons Issued-Circuit
  32. rder Defendant s motion to dismiss is GRANTED as to Count II of Plaintiff s petition. Count II is hereby DISMISSED with prejudice. Defendant s motion to dismiss is DENIED as to Count I of Plaintiff s petition. The Court notes the Probate Division has appointed Plaintiff as Decedent s personal representative, and has denied Defendant s request to revoke that appointment, an order which is being appealed. Should Plaintiff s status as Decedent s personal representative be changed in the future, Defendant would be allowed to file another motion to dismiss and litigate the issue raised in this motion at that time. Defendant shall have 21 days from today in which to file its answer to Plaintiff s petition. SO ORDERED; VICTOR MELENBRINK, CIRCUIT JUDGE DIV. FIVE Filed By: VICTOR JOSEPH MELENBRINK
  33. otion Hearing Held Associated Entries: 05/06/2022 - Motion Hearing Scheduled + Scheduled For: 05/26/2022; 9:00 AM; VICTOR JOSEPH MELENBRINK; Jefferson
  34. Pet Filed in Circuit Ct
  35. eply Sur-Reply in Opposition to Defendants Motion to Dismiss; Exhibit A - Probate Division Order Denying Union Pacific Motion to Revoke Letters 05-18-2022; Electronic Filing Certificate of Service. Filed By: JONATHAN THEODORE STERNBERG On Behalf Of: THE ESTATE OF JAMES LOY HURLEY, CAROL HURLEY
  36. esponse Filed Defendant Union Pacific Railroad Companys Reply Brief in Further Support of Its Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: ANN ELIZABETH BUCKLEY On Behalf Of: UNION PACIFIC RAILROAD COMPANY
  37. otion Hearing Scheduled This case will be heard remotely via the WEBEX teleconference platform. Parties appearing for this docket must either install the "Cisco Webex Meetings" application on a phone or tablet, or must use the Webex software on a laptop or desktop computer. Registration for a Webex account is required for attorneys, and encouraged for everyone else. Presence by video is also strongly encouraged, but not required. Upon signing in to the meeting you will be assigned to the waiting room until your case is taken up. It is recommended that attendees use test their ability to connect to the meeting beforehand. If an attorney or party is unable to comply with the above requirements, contact the court BEFORE the court date. JeffCo Div 5 (Melenbrink) Docket. Meeting number: 146 323 9063. Meeting password: 23D5. If you cannot use the Webex application, call (408) 418-9388, and then enter the meeting ID to join by audio only. Associated Entries: 05/26/2022 - Motion Hearing Held Scheduled For: 05/26/2022; 9:00 AM; VICTOR JOSEPH MELENBRINK; Jefferson
  38. uggestions in Opposition Suggestions in Opposition to Defendants Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: JONATHAN THEODORE STERNBERG On Behalf Of: THE ESTATE OF JAMES LOY HURLEY, CAROL HURLEY
  39. otc of Limtd Appearance Filed Entry of Limited Appearance; Electronic Filing Certificate of Service. Filed By: JONATHAN THEODORE STERNBERG On Behalf Of: THE ESTATE OF JAMES LOY HURLEY, CAROL HURLEY
  40. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. SENT TO COURT CLERK Filed By: ANN ELIZABETH BUCKLEY On Behalf Of: UNION PACIFIC RAILROAD COMPANY
  41. uggestions in Support Defendant Union Pacific Railroad Companys Memorandum of Law in Support of Its Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: ANN ELIZABETH BUCKLEY On Behalf Of: UNION PACIFIC RAILROAD COMPANY
  42. otion to Dismiss Filed By: ANN ELIZABETH BUCKLEY
  43. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: ANN ELIZABETH BUCKLEY
  44. rder
  45. otion Filed Motion for Pro Hac Vice Admission of Fredric A. Bremseth; Supreme Court Receipt; Order Granting Pro Hace Vice Admission of Fredric A. Bremseth. Filed By: WILLIAM M WUNDERLICH On Behalf Of: THE ESTATE OF JAMES LOY HURLEY
  46. orporation Served Document ID - 22-SMCC-167; Served To - UNION PACIFIC RAILROAD COMPANY; Server - ; Served Date - 25-FEB-22; Served Time - 09:00:00; Service Type - Special Process Server; Reason Description - Served; Service Text - LCW-B.LOVE
  47. otice of Service 22-SMCC-167; Electronic Filing Certificate of Service.
  48. ummons Issued-Circuit Document ID: 22-SMCC-168, for THE CORPORATION COMPANY.
  49. ummons Issued-Circuit Document ID: 22-SMCC-167, for UNION PACIFIC RAILROAD COMPANY.
  50. iling Info Sheet eFiling Filed By: WILLIAM M WUNDERLICH
  51. et Filed in Circuit Ct Plaintiffs Petition for Damages. On Behalf Of: THE ESTATE OF JAMES LOY HURLEY, CAROL HURLEY

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