South Dakota District Court
Judge:Karen E Schreier
Case #: 4:23-cv-04146
Nature of Suit330 Torts - Personal Injury - Federal Employers’ Liability
Cause45:51 Railways: Fed. Employer's Liability Act
Case Filed:Sep 28, 2023
Last checked: Tuesday Mar 26, 2024 8:27 AM CDT
Defendant
Rapid City, Pierre, & Eastern Railroad Inc.
Represented By
Emily M. Vanderlaan
Knight Nicastro Mackay, LLC
contact info
John D. Magnuson
Yaeger & Jungbauer Barristers, PLC
contact info
William G. Beck
Woods, Fuller, Shultz & Smith, PC
contact info
Seth A. Lopour
Woods, Fuller, Shultz & Smith PC
contact info
Plaintiff
Marlin L. Lustfield
Represented By
Joshua A. Weinheimer
Gunderson, Palmer, Nelson & Ashmore, LLP
contact info
Stacy R. Hegge
Gunderson Palmer Nelson & Ashmore, LLP
contact info
Cyle A. Cramer
Yaeger & Jungbauer Barristers PLC
contact info


Docket last updated: 4 hours ago
Wednesday, March 26, 2025
33 33 1 pgs order Order on Motion to Amend/Correct Wed 03/26 9:14 AM
ORDER granting32 Motion to Amend/Correct Scheduling Order. Discovery due by 12/1/2025. Motions due by 1/30/2026. Signed by U.S. District Judge Karen E. Schreier on 03/25/2025. (RMM)
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Tuesday, March 25, 2025
32 32 motion Amend/Correct Tue 03/25 11:40 AM
Joint MOTION to Amend/Correct Scheduling Order by Marlin L. Lustfield. (Hegge, Stacy)
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Friday, January 10, 2025
31 31 1 pgs order Order on Motion for Admission Pro Hac Vice Fri 01/10 1:21 PM
ORDER granting30 Motion for Admission Pro Hac Vice of Attorney Oliver P. Maguire for Rapid City, Pierre, & Eastern Railroad Inc. Signed by U.S. District Judge Karen E. Schreier on 01/10/2025. (RMM)
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30 30 motion Admission Pro Hac Vice Fri 01/10 9:41 AM
MOTION for Attorney Oliver Maguire to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ASDDC-4441320) by Rapid City, Pierre, & Eastern Railroad Inc.. (Lopour, Seth)
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Tuesday, November 26, 2024
29 29 1 pgs order Order on Motion to Withdraw as Attorney Tue 11/26 3:49 PM
ORDER granting28 Motion to Withdraw as Attorney. Attorney Joshua A. Weinheimer terminated. Signed by U.S. District Judge Karen E. Schreier on 11/26/2024. (RMM)
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28 28 motion Withdraw as Attorney Tue 11/26 1:56 PM
MOTION to Withdraw as Attorney by Marlin L. Lustfield. (Weinheimer, Joshua)
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Wednesday, November 20, 2024
27 27 1 pgs order Order on Motion to Withdraw as Attorney Wed 11/20 3:13 PM
ORDER granting26 Motion to Withdraw as Attorney. Attorney Cyle A. Cramer terminated. Signed by U.S. District Judge Karen E. Schreier on 11/20/2024. (AKW)
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26 26 motion Withdraw as Attorney Wed 11/20 11:34 AM
MOTION to Withdraw as Attorney by Marlin L. Lustfield. (Weinheimer, Joshua)
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Friday, November 01, 2024
25 25 1 pgs order Order on Motion to Amend/Correct Fri 11/01 5:00 PM
ORDER granting24 Motion to Amend Scheduling Order. Discovery due by 8/1/2025. Motions due by 9/5/2025. Signed by U.S. District Judge Karen E. Schreier on 11/1/24. (RMM)
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24 24 motion Amend/Correct Fri 11/01 2:51 PM
Joint MOTION to Amend/Correct23 Order on Motion to Extend Deadlines by Rapid City, Pierre, & Eastern Railroad Inc.. (Lopour, Seth)
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Tuesday, July 16, 2024
23 23 1 pgs order Order on Motion to Extend Deadlines Tue 07/16 9:09 AM
AMENDED SCHEDULING ORDER granting22 Joint Motion to Extend Deadlines. Discovery due by 1/24/2025; Motions due by 2/24/2025. Signed by U.S. District Judge Karen E. Schreier on 7/15/2024. (DJP)
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Monday, July 15, 2024
22 22 motion Extend Deadlines Mon 07/15 3:11 PM
Joint MOTION to Extend Deadlines by Rapid City, Pierre, & Eastern Railroad Inc.. (Lopour, Seth)
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Wednesday, June 12, 2024
21 21 1 pgs order Order on Motion for Admission Pro Hac Vice Wed 06/12 11:25 AM
ORDER granting19 Motion for Admission Pro Hac Vice of Attorney Lawrence E. Nordling for Rapid City, Pierre, & Eastern Railroad Inc. Signed by U.S. District Judge Karen E. Schreier on 6/12/2024. (DJP)
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20 20 1 pgs order Order on Motion for Admission Pro Hac Vice Wed 06/12 11:24 AM
ORDER granting18 Motion for Admission Pro Hac Vice of Attorney Chad M. Knight for Rapid City, Pierre, & Eastern Railroad Inc... Signed by U.S. District Judge Karen E. Schreier on 6/11/2024. (DJP)
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19 19 motion Admission Pro Hac Vice Wed 06/12 9:04 AM
MOTION for Attorney Lawrence E. Nordling to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ASDDC-4302593) by Rapid City, Pierre, & Eastern Railroad Inc.. (Lopour, Seth)
Related: [-]
Tuesday, June 11, 2024
18 18 motion Admission Pro Hac Vice Tue 06/11 1:46 PM
MOTION for Attorney Chad M. Knight to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ASDDC-4301862) by Rapid City, Pierre, & Eastern Railroad Inc.. (Lopour, Seth)
Related: [-]
Wednesday, January 24, 2024
17 17 order Scheduling Order Wed 01/24 5:04 PM
SCHEDULING ORDER: Discovery due by 11/1/2024; Motions due by 12/2/2024. Signed by U.S. District Judge Karen E. Schreier on 1/24/2024. (DJP)
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Friday, January 19, 2024
16 16 1 pgs order Order on Motion for Admission Pro Hac Vice Fri 01/19 11:31 AM
ORDER granting15 Motion for Admission Pro Hac Vice of Attorney Cyle A. Cramer for Marlin L. Lustfield. Signed by U.S. District Judge Karen E. Schreier on 1/19/2024. (JLS)
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Thursday, January 18, 2024
15 15 motion Admission Pro Hac Vice Thu 01/18 4:51 PM
MOTION for Attorney Cyle A. Cramer to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ASDDC-4201701) by Marlin L. Lustfield. (Hegge, Stacy)
Related: [-]
Tuesday, January 16, 2024
14 14 misc Status Report Tue 01/16 1:11 PM
STATUS REPORT Joint Status Report and Discovery Plan by Rapid City, Pierre, & Eastern Railroad Inc. (Lopour, Seth)
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Friday, December 01, 2023
13 13 notice Notice of Appearance Fri 12/01 9:27 AM
NOTICE of Appearance by Joshua A. Weinheimer on behalf of Marlin L. Lustfield. (Weinheimer, Joshua)
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Monday, November 27, 2023
12 12 4 pgs order Order for Discovery Report Mon 11/27 3:27 PM
ORDER for Discovery Report. Signed by U.S. District Judge Karen E. Schreier on 11/27/2023. (DJP)
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11 11 answer Answer to Complaint Mon 11/27 1:25 PM
ANSWER to 1 with Jury Demand by Rapid City, Pierre, & Eastern Railroad Inc.. (Lopour, Seth)
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Tuesday, November 14, 2023
10 10 misc Corporate Disclosure Statement (attorney use) Tue 11/14 12:57 PM
CORPORATE Disclosure Statement by Rapid City, Pierre, & Eastern Railroad Inc. identifying Corporate Parent Brookfield Asset Management, Inc., Corporate Parent Genesee & Wyoming Inc. for Rapid City, Pierre, & Eastern Railroad Inc.. (Lopour, Seth)
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Monday, November 13, 2023
9 9 notice Notice of Noncompliance (Corporate Disclosure Statement) Mon 11/13 9:17 AM
NOTICE OF NONCOMPLIANCE (Corporate Disclosure Statement not filed). D.S.D. Civ. L.R. 7.1.1 requires non-governmental organizational parties or intervenors to file either a Corporate Disclosure Statement or a Certificate that Fed. R. Civ. P. 7.1 is not applicable within 14 days of the party or intervenors first pleading or entry of appearance. The deadline has passed and Rapid City, Pierre, & Eastern Railroad Inc. has not complied. Said party has three business days to comply. Compliance may be achieved by docketing the statement or certificate in CM/ECF using the Corporate Disclosure Statement or Certificate of Non-Applicability event. (RRB)
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Friday, October 27, 2023
8 8 service Waiver of Service Executed Return of Service Executed Fri 10/27 3:23 PM
WAIVER OF SERVICE Returned Executed by Marlin L. Lustfield. Rapid City, Pierre, & Eastern Railroad Inc. waiver sent on 9/28/2023, answer due 11/27/2023., RETURN OF SERVICE Executed upon Defendant Rapid City, Pierre, & Eastern Railroad Inc. on 10/27/2023 (Hegge, Stacy)
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Monday, October 16, 2023
7 7 1 pgs order Order on Motion for Admission Pro Hac Vice Mon 10/16 2:38 PM
ORDER granting6 Motion for Admission Pro Hac Vice of Attorney John D. Magnuson for Rapid City, Pierre, & Eastern Railroad Inc. Signed by U.S. District Judge Karen E. Schreier on 10/16/2023. (DJP)
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6 6 motion Admission Pro Hac Vice Mon 10/16 11:17 AM
MOTION for Attorney John D. Magnuson to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-4141619) by Marlin L. Lustfield. (Hegge, Stacy)
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Thursday, October 12, 2023
5 5 1 pgs order Order on Motion for Admission Pro Hac Vice Thu 10/12 8:44 AM
ORDER granting4 Motion for Admission Pro Hac Vice of Attorney Emily M. Vanderlaan for Rapid City, Pierre, & Eastern Railroad Inc. Signed by U.S. District Judge Karen E. Schreier on 10/11/2023. (DJP)
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Wednesday, October 11, 2023
4 4 motion Admission Pro Hac Vice Wed 10/11 2:58 PM
MOTION for Attorney Emily M. Vanderlaan to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number BSDDC-4138765) by Rapid City, Pierre, & Eastern Railroad Inc.. (Lopour, Seth)
Related: [-]
Monday, October 09, 2023
3 3 notice Notice of Appearance Mon 10/09 11:27 AM
NOTICE of Appearance by Seth A. Lopour on behalf of Rapid City, Pierre, & Eastern Railroad Inc.. (Lopour, Seth)
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2 2 notice Notice of Appearance Mon 10/09 11:08 AM
NOTICE of Appearance by William G. Beck on behalf of Rapid City, Pierre, & Eastern Railroad Inc.. (Beck, William)
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Thursday, September 28, 2023
1 1 cmp Complaint (COURT USE ONLY) Thu 09/28 3:51 PM
COMPLAINT with Jury Demand, $402.00 fee paid, receipt# ASDDC-4130548, in shell case on 9/28/2023 filed by Marlin L. Lustfield. (DJP)
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misc Clerks Notice of Rule 73 Thu 09/28 3:53 PM
CLERK'S NOTICE: Fed. R. Civ. P. 73 requires that all parties be notified of the opportunity to consent to have a magistrate judge conduct all proceedings in civil cases. All parties must return the signed AO85 form to the Clerk's Office before the case is reassigned to a magistrate judge. DO NOT electronically file or return the signed form to the District Judge. The AO85 form can be found by clicking here: [LINK:National Forms: https://www.uscourts.gov/services-forms/forms] . (DJP)
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