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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2021-12-14
Type Cc Wrongful Death
Docket 95 entries
Disposition dismiss

Parties

Plaintiff Gorsek, Michael|Gorsek, Wayne|Emison, Brett Ashley|Daidson, Summer Lynn
Defendant Bnsf Railway Company|Mo Highways & Transportation Commission|Womack, Michael Paul|Tiemeyer, Richard L|Rackers, Christopher Perry
Photo of Hon. Hendrickson, Michael Obrien

Judge

Hon. Hendrickson, Michael Obrien

Benton County (MO)

Missouri

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Lawyers

Docket Entries

  2. ismiss by Ct w/o Prejudice Filed By: MICHAEL O'BRIEN HENDRICKSON
  3. earing/Trial Cancelled Scheduled For: 09/29/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  4. earing/Trial Cancelled Scheduled For: 09/28/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  5. earing/Trial Cancelled Scheduled For: 09/27/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  6. earing/Trial Cancelled Scheduled For: 09/26/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  7. earing/Trial Cancelled Associated Entries: 07/01/2022 - Jury Trial Scheduled + Scheduled For: 09/25/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  8. earing/Trial Cancelled Scheduled For: 09/22/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  9. earing/Trial Cancelled Scheduled For: 09/21/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  10. earing/Trial Cancelled Scheduled For: 09/20/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  11. earing/Trial Cancelled Scheduled For: 09/19/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  12. earing/Trial Cancelled Associated Entries: 07/01/2022 - Jury Trial Scheduled Scheduled For: 09/18/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  14. udge/Clerk - Note DISMISSAL E-MAILED TO JUDGE FOR DISMISSAL ENTRY. VR
  15. otice of Dismissal PLAINTIFFS VOLUNTARY DISMISSAL OF DEFENDANTS BNSF RAILWAY COMPANY AND MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION WITHOUT PREJUDICE; Electronic Filing Certificate of Service. Filed By: BRENNAN BUCK DELANEY On Behalf Of: MICHAEL GORSEK, WAYNE GORSEK
  17. rder SCHEDULING ORDER Filed By: MICHAEL O'BRIEN HENDRICKSON
  19. udge/Clerk - Note Court amends jury trial dates to Sept. 18-22 and Sept 25-29, 2023. MOH Filed By: MICHAEL O'BRIEN HENDRICKSON
  20. ury Trial Scheduled Court amends jury trial dates to Sept. 18-22 and Sept 25-29, 2023. MOH Associated Entries: 07/14/2022 - Hearing/Trial Cancelled Scheduled For: 09/25/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  21. ury Trial Scheduled Associated Entries: 07/14/2022 - Hearing/Trial Cancelled Scheduled For: 09/18/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  22. earing/Trial Cancelled Scheduled For: 09/29/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  23. earing/Trial Cancelled Scheduled For: 09/28/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  24. earing/Trial Cancelled Associated Entries: 03/08/2022 - Jury Trial Scheduled Scheduled For: 09/27/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  25. earing/Trial Cancelled Scheduled For: 09/26/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  26. earing/Trial Cancelled Scheduled For: 09/25/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  27. earing/Trial Cancelled Scheduled For: 09/22/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  28. earing/Trial Cancelled Scheduled For: 09/21/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  29. earing/Trial Cancelled Associated Entries: 03/08/2022 - Jury Trial Scheduled Scheduled For: 09/20/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  30. earing/Trial Cancelled Scheduled For: 09/19/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  31. earing/Trial Cancelled Scheduled For: 09/18/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  33. udge/Clerk - Note PROPOSED SCHEDULING ORDER E-MAILED TO JUDGE THIS DATE. VR
  34. otion Filed Uncontested Motion for Entry of Stipulated Scheduling Order; Proposed Scheduling Order; Electronic Filing Certificate of Service. Filed By: ALLISON ELIZABETH LEE On Behalf Of: BNSF RAILWAY COMPANY
  35. ert Serv of Prod of Docs, etc BNSFs COS for its First Supp. Resp. to Pltfs First RFP; Electronic Filing Certificate of Service. Filed By: ALLISON ELIZABETH LEE On Behalf Of: BNSF RAILWAY COMPANY
  36. rder STIPULATED PROTECTIVE ORDER Filed By: MICHAEL O'BRIEN HENDRICKSON
  37. udge/Clerk - Note MOTION AND STIPULATED PROTECTIVE ORDER E-MAILED TO JUDGE THIS DATE. VR
  38. ote to Clerk eFiling Filed By: ALLISON ELIZABETH LEE
  39. otion Filed BNSFs Uncontested Motion for Entry of a Stipulated Protective Order; Exhibit 1 - Stipulated Protective Order; Electronic Filing Certificate of Service. Filed By: ALLISON ELIZABETH LEE On Behalf Of: BNSF RAILWAY COMPANY
  40. nswer Filed MHTCs Answer to Plaintiffs First Amended Petition; Electronic Filing Certificate of Service. Filed By: BRADLEY CHRISTOPHER LETTERMAN On Behalf Of: MO HIGHWAYS & TRANSPORTATION COMMISSION
  41. ert Serv of Interrog Filed Certificate of Service; Electronic Filing Certificate of Service. Filed By: ALLISON ELIZABETH LEE On Behalf Of: BNSF RAILWAY COMPANY
  42. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: CHRISTOPHER PERRY RACKERS On Behalf Of: MO HIGHWAYS & TRANSPORTATION COMMISSION
  43. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: BRADLEY CHRISTOPHER LETTERMAN On Behalf Of: MO HIGHWAYS & TRANSPORTATION COMMISSION
  44. mended Motion/Petition Filed Amended Petition; Electronic Filing Certificate of Service. Filed By: BRENNAN BUCK DELANEY On Behalf Of: MICHAEL GORSEK, WAYNE GORSEK
  45. ithdrawal of Attorney Filed MHTC Notice of Withdrawal of Danett Galbraith; Electronic Filing Certificate of Service. Filed By: DANETTE LEA ALDRIDGE-PADGETT On Behalf Of: MO HIGHWAYS & TRANSPORTATION COMMISSION
  46. earing Held Case called by Webex for Defendant BNSF motion to dismiss, motion to strike and motion to make more definite and certain. Plaintiffs appear by attorney Davidson. Defendant BNSF appears by attorney Lee. Defendant MHTC does not appear. Record made. Defendant withdraws argument on paragraph 35A. Without objection paragraphs 35B and C are dismissed with prejudice. Paragraph 31L is dismissed. Court overrules motion to strike paragraph 31N, M, I, and K. Court overrules motion to make more definite and certain regarding paragraphs 31A, B, C, and F. Court orders paragraphs D & H combined. Court sustains defendants motion to make more definite and certain on paragraph I. Defendant withdraws argument on paragraph E. Defendants argument on paragraphs G, O and P are sustained. Paragraph Q is ordered omitted. Plaintiff granted 30 days to file amended petition. Once filed, defendant BNSF granted 21 days to file an Answer. MOH Associated Entries: 03/11/2022 - Hearing Scheduled + Scheduled For: 04/14/2022; 11:30 AM; MICHAEL O'BRIEN HENDRICKSON; Webster
  47. otice of Service Missouri Highways and Transportation Commission Notice of Service; Electronic Filing Certificate of Service. Filed By: DANETTE LEA ALDRIDGE-PADGETT On Behalf Of: MO HIGHWAYS & TRANSPORTATION COMMISSION
  48. ertificate of Service Certificate of Service - BNSFs Objections, Responses, and Answers to Pltfs First Set of Discovery; Electronic Filing Certificate of Service. Filed By: ALLISON ELIZABETH LEE On Behalf Of: BNSF RAILWAY COMPANY
  49. otice NOTICE OF ENTRY
  50. udge/Clerk - Note Meeting # 2497 482 4857 PW: Apr14 To join by phone - Call 1-408-418-9388. The access code will be the meeting number.
  51. nswer Filed Missouri Highways and Transportation Commission Answer to Pltfs Petition; Electronic Filing Certificate of Service. Filed By: DANETTE LEA ALDRIDGE-PADGETT
  52. earing Scheduled MTDISMISS Meeting # 2497 482 4857 PW: Apr14 To join by phone - Call 1-408-418-9388. The access code will be the meeting number. Associated Entries: 04/14/2022 - Hearing Held + Scheduled For: 04/14/2022; 11:30 AM; MICHAEL O'BRIEN HENDRICKSON; Webster
  53. otice of Hearing Filed Notice of Hearing - BNSFs Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: ALLISON ELIZABETH LEE On Behalf Of: BNSF RAILWAY COMPANY
  54. rder Filed By: MICHAEL O'BRIEN HENDRICKSON
  55. ury Trial Scheduled Associated Entries: 07/01/2022 - Hearing/Trial Cancelled Scheduled For: 09/20/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  56. ury Trial Scheduled Associated Entries: 07/01/2022 - Hearing/Trial Cancelled Scheduled For: 09/27/2023; 8:30 AM; MICHAEL O'BRIEN HENDRICKSON; 1; Webster
  57. ase Mgmt Conf Held Atty Davidson appears for Plt and Def MHTC by atty Padgett. Def BNSF appears by atty Lee. Initial CMC held. For good cause shown, written discovery is ordered completed within 6 months. Case tracked for 24 mo disposition. No requests for mediation or a scheduling Order. Case docketed 6/7/22 at 1 PM for any motions. Blank Scheduling Order given to attys Case docketed #1 Jury Trial 9/11-15 and 9/18-22/2023. Argument held on Def MHTC MTDismiss Count III. Motion is overruled. Def MHTC granted 10 days to file Answer. Def BNSF MTDismiss requires a special setting. Def BNSF Pro Hac Vice Motion is sustained. Order entered. MOH Associated Entries: 01/05/2022 - Case Mgmt Conf Scheduled + Scheduled For: 03/08/2022; 1:00 PM; MICHAEL O'BRIEN HENDRICKSON; Webster
  58. uggestions in Opposition Plaintiffs Suggestions in Opposition to Defendant BNSF Railway Companys Motion to Dismiss, To Strike, and For More Definite Statement; Electronic Filing Certificate of Service. Filed By: SUMMER LYNN DAVIDSON On Behalf Of: MICHAEL GORSEK, WAYNE GORSEK
  59. udge/Clerk - Note Per Plts filing and with BNSF Def counsel agreement, Plt granted until 2/21/22 to file any Response to Defendants MTDismiss, Strike and for MDStatement. MOH Filed By: MICHAEL O'BRIEN HENDRICKSON
  60. udge/Clerk - Note MOTION AND PROPOSED ORDER E-MAILED TO JUDGE THIS DATE. VR
  61. roposed Order Filed Order; Electronic Filing Certificate of Service. Filed By: SUMMER LYNN DAVIDSON On Behalf Of: MICHAEL GORSEK, WAYNE GORSEK
  62. otion for Extension of Time Plaintiffs Consent Motion for Extension of Time; Electronic Filing Certificate of Service. Filed By: SUMMER LYNN DAVIDSON
  63. otice of Hearing Filed BNSFs Certificate of Service and Notice of Hearing on Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: ALLISON ELIZABETH LEE On Behalf Of: BNSF RAILWAY COMPANY
  64. uggestions in Opposition Plaintiffs Suggestions in Opposition to Defendant Missouri Highway and Transportation Commissions Motion to Dismiss Plaintiffs Petition; Electronic Filing Certificate of Service. Filed By: SUMMER LYNN DAVIDSON On Behalf Of: MICHAEL GORSEK, WAYNE GORSEK
  65. uggestions in Support BNSF Railway Companys Suggestions In Support of Its Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: MICHAEL PAUL WOMACK On Behalf Of: BNSF RAILWAY COMPANY
  66. otion to Dismiss BNSF Railway Companys Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: MICHAEL PAUL WOMACK
  67. otion Filed Filed By: MICHAEL PAUL WOMACK
  68. ntry of Appearance Filed Entry of Appearance for Michael Womack; Electronic Filing Certificate of Service. Filed By: MICHAEL PAUL WOMACK
  69. ntry of Appearance Filed Entry of Appearance for Allison Lee; Electronic Filing Certificate of Service. Filed By: ALLISON ELIZABETH LEE On Behalf Of: BNSF RAILWAY COMPANY
  70. otice of Hearing Filed MHTCs COS and Notice of Hearing- MTD; Electronic Filing Certificate of Service. Filed By: DANETTE LEA ALDRIDGE-PADGETT
  71. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: SUMMER LYNN DAVIDSON On Behalf Of: MICHAEL GORSEK, WAYNE GORSEK
  72. uggestions in Support MHTCs Certificate of Service-Suggestions in support of MTD; Electronic Filing Certificate of Service. Filed By: DANETTE LEA ALDRIDGE-PADGETT On Behalf Of: MO HIGHWAYS & TRANSPORTATION COMMISSION
  73. otion to Dismiss MHTCs Certificate of Service -Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: DANETTE LEA ALDRIDGE-PADGETT On Behalf Of: MO HIGHWAYS & TRANSPORTATION COMMISSION
  74. ntry of Appearance Filed MHTC Entry of Appearance-Danett Galbraith; Electronic Filing Certificate of Service. Filed By: DANETTE LEA ALDRIDGE-PADGETT
  75. otice NOTICE OF ENTRY
  76. gent Served Document ID - 21-SMCC-909; Served To - BNSF RAILWAY COMPANY; Server - ; Served Date - 03-JAN-22; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Served; Service Text - JEF LONEY C/OKARA WATERMAN, RA
  77. umm Req-Circuit Pers Serv Summons in Civil Case. Filed By: BRENNAN BUCK DELANEY On Behalf Of: MICHAEL GORSEK, WAYNE GORSEK
  78. otice NOTICE OF ENTRY
  79. ase Mgmt Conf Scheduled Case is hereby docketed for a Case Management Conference (CMC) on March 8, 2022 at 1:00 P.M. All non-defaulting pro se parties and any party by their attorneys of record are to appear. At the CMC, the Court will make inquiry as to the status of the case and may enter appropriate orders which shall include, but are not limited to, determining or ruling on the following: 1. Whether all parties have been served; 2. Motions for Leave to Amend / Dismiss / Make More Definite and Certain; 3. Whether discovery will be completed within 120 days after Answer has been filed pursuant to Local Rule 32.1 and, if good cause is shown, whether discovery should be extended and ordering a discovery deadline; 4. Whether the case should be tracked for a 12, 24 or 30 month disposition track for purposes of S.Ct Rule 17.23; 5. Whether to Order Mediation and, if ordered, appointing a Mediator from the approved 30th Circuit list and ordering a mediation deadline; 6. Noticed Motions; 7. Whether to enter a Scheduling Order; and 8. Whether to set the case for trial and PTC. The CMC does not obviate the need for a party to file a Notice of Hearing for any Motion. Unless any such Motion is properly noticed for hearing, the Court will not consider the same at any CMC without consent of the opposing party and the Court. The clerk is to notify all served, non-defaulting pro se parties, if any, of this docket entry by regular mail. MOH DFT MO HIGHWAYS AND TRANSPORTATION COMMISSIONS MOTIONTO DISMISS DFT MOTION TO DISMISS, TO STRIKE, AND FOR MORE DEFINITE STATEMENT Associated Entries: 03/08/2022 - Case Mgmt Conf Held + Scheduled For: 03/08/2022; 1:00 PM; MICHAEL O'BRIEN HENDRICKSON; Webster
  80. gent Served Document ID - 21-SMCC-910; Served To - MO HIGHWAYS & TRANSPORTATION COMMISSION; Server - SO COLE COUNTY-JEFFERSON CITY; Served Date - 27-DEC-21; Served Time - 00:00:00; Service Type - Sheriff Department; Reason Description - Served
  81. umm Req-Circuit Pers Serv Summons in Civil Case. Filed By: BRENNAN BUCK DELANEY On Behalf Of: MICHAEL GORSEK, WAYNE GORSEK
  82. rder - Special Process Server DWIGHT MCNIEL-GREENE CO, MO Filed By: MICHAEL O'BRIEN HENDRICKSON
  83. rder - Special Process Server BRET JOHNSON-CLINTON CO, MO Filed By: MICHAEL O'BRIEN HENDRICKSON
  84. ummons Issued-Circuit Document ID: 21-SMCC-910, for MO HIGHWAYS & TRANSPORTATION COMMISSION.
  85. ummons Issued-Circuit Document ID: 21-SMCC-909, for BNSF RAILWAY COMPANY.
  86. udge/Clerk - Note PROPOSED ORDER FOR SPS E-MAILED TO JUDGE THIS DATE. VR
  87. iling Info Sheet eFiling Filed By: BRENNAN BUCK DELANEY
  88. ote to Clerk eFiling Filed By: BRENNAN BUCK DELANEY
  89. ert Serv of Interrog Filed Certificate of Service. Filed By: BRENNAN BUCK DELANEY On Behalf Of: MICHAEL GORSEK, WAYNE GORSEK
  90. roposed Order Filed Order Appointing Private Process Server for Greene County. Filed By: BRENNAN BUCK DELANEY
  91. roposed Order Filed Order Appointing Private Process Server for Clinton County. Filed By: BRENNAN BUCK DELANEY
  92. otion Special Process Server Motion for Approval and Appointment of Private Process Server for Greene County. Filed By: BRENNAN BUCK DELANEY
  93. otion Special Process Server Motion for Approval and Appointment of Private Process Server for Clinton County. Filed By: BRENNAN BUCK DELANEY
  94. etition: Case Filing Information Form. Filed By: BRENNAN BUCK DELANEY
  95. et Filed in Circuit Ct Petition. Filed By: BRENNAN BUCK DELANEY

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