Free Proposed Pretrial Order - District Court of Colorado - Colorado

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF Colorado Judge Phillip S. Figa Civil Action No. 03-cv-2451-PSF-CBS BRYCE E. CARLEY. Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, A Delaware corporation, Defendant.

SECOND AMENDED FINAL PRETRIAL ORDER

1. DATE AND APPEARANCES A final pretrial conference was held in this case on March 14, 2004 at 1:00 p.m. before the Honorable Craig B. Shaffer. Fredric A. Bremseth, Esq. represented Plaintiff, and Mark C. Hansen, Esq. represented Defendant. A final pretrial conference was held in this case on September 7, 2005 at 8:45 a.m. before the Honorable Phillip S. Figa. Fredric A. Bremseth, Esq. represented Plaintiff and Mark C. Hansen, Esq. represented Defendant. 2. JURISDICTION The jurisdiction of this Court is founded upon 45 U.S.C. §56, commonly referred to and known as the Federal Employers' Liability Act ("FELA"). 3. CLAIMS AND DEFENSES Plaintiff has asserted a claim based on a theory of strict liability alleging that 1

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Defendant violated the Federal Safety Appliance Act, 49 U.S.C. §20302 ("FSAA") and Federal regulations issued thereunder. Plaintiff sustained permanent and occupationally disabling injuries on July 11, 2002 while operating a defective hand brake on Defendant's rail car UPFE 466316. As a result of this incident, Plaintiff sustained permanent injuries to his left shoulder and arm that, despite three surgical procedures, have rendered him unable to return to work as a Conductor. In October 2004, Defendant's Medical Department approved Plaintiff's return to work as a Locomotive Engineer Trainee, and Plaintiff entered Defendant's Locomotive Engineer Training Program on October 25, 2004. Plaintiff completed this training

program mid-April 2005, and is working for Defendant as a Locomotive Engineer. Plaintiff alleges that Defendant's violations of the FSAA and Federal regulations caused his injuries and damages. Pursuant to the FELA, Plaintiff seeks an award of money damages for his past wage loss, temporary full disability, permanent partial disability, past and future physical and mental pain and suffering and future wage loss according to proof. Defendant denies that it violated the FSAA or any applicable federal regulations. Defendant affirmatively states that Plaintiff's injuries were not caused by the alleged violations of the FSAA or any applicable federal regulations and that Plaintiff may have failed to mitigate his damages. Finally, Defendant alleges that Plaintiff's shoulder injury was, in whole or in part, an aggravation of a pre-existing condition.

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4. STIPULATIONS 1. At all times material hereto, Plaintiff Bryce Carley has been a citizen of

Wyoming residing in Cheyenne. 2. At all times material hereto, Defendant Union Pacific Railroad Company

has been a corporation duly organized, created and existing under the laws of the State of Delaware and, as such, has been engaged in interstate transportation through the business of owning, maintaining and operating a line and system of railroad which extended in part through the States of Colorado and Wyoming. 3. Defendant employed Plaintiff as a Conductor on July 11, 2002. 5. PENDING MOTIONS None. 6. WITNESSES a. (1) Non-expert witnesses to be called by each party. Non-expert witnesses who will be present at trial. Plaintiff's "Will Call" Witnesses Brian Bouley UPRR Conductor/Engineer 400 West 27th Street Cheyenne, Wyoming 82001 (307) 778-6514 On the date of Plaintiff's on-the-job injury, Mr. Bouley went with Plaintiff and Vice Local Chairman Niles into the Rawlins yard to photograph rail car UPFE 466316 and the broken hand brake on that car. Mr. Bouley also has knowledge about the work he has performed for Defendant from the date of his hire in August 1997 through the present and the wages he received from Defendant for such work. Mr. Bouley is expected to testify in person. Galen L. Hooker UPRR Machine Shop Foreman 300 West Front Street 3

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Rawlins, Wyoming Telephone number unknown to Plaintiff Mr. Hooker inspected rail car UPFE 466316 in the Rawlins Yard on the day following Plaintiff's on-the-job injuries, found the brake rod broken between the bell crank and the chain, removed the hand brake assembly, repaired the defect and transferred it to Claims Representative Shaw, and documented his actions. Mr. Hooker is expected to testify in person in accordance with his deposition. Defendant's "Will Call" Witnesses David Stimac Union Pacific Railroad Company Manger of Operating Practices 1800 Westland Road Cheyenne, Wyoming 82001 (307) 778-3318 Mr. Stimac will testify regarding Mr. Carley's qualifications to be a locomotive engineer, his ability to work as a locomotive engineer, his pay as a locomotive engineer as opposed to his pay as a conductor and his seniority and job security as a locomotive engineer. Ola Simonsson, PT, OCS, MTC 4835 West 10th Street, Suite B Greeley, CO, 80634 (970) 346-6116 Ola Simonsson will testify in accordance with the job site analysis he performed on February 15, 2005, a copy has been provided to counsel for Plaintiff. Gary Getman, OTR Occupational Therapist Broncos Sports Medicine/Rehabilitation 830 Potomac Circle, Suite 400 Aurora, Colorado Mr. Getman will testify in accordance with his Functional Capacity Evaluation performed of the Plaintiff on October 6, 2004 and his report. Mr. Getman's Curriculum Vitae, previous Trial Testimony and Fee Schedule have been provided to counsel for Plaintiff. Plaintiff's "May Call" Witnesses Alvin B. Carley 3135 Sitting Bull Road 4

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Cheyenne, Wyoming 82009 (307) 637-8354 Alvin Carley, Plaintiff's father, accompanied Plaintiff on most of his appointments at the Steadman Hawkins Clinic and has knowledge regarding Plaintiff's medical-related travel and lodging expenses and Dr. Hawkins' discussions with Plaintiff. If called, Mr. Carley is expected to testify in person. Mark M. Bollenbaugh UPRR Engineer 5623 Horse Creek Road Cheyenne, Wyoming 82009 (307) 638-7152 Mr. Bollenbaugh was working with Plaintiff on the date of his injury and was the first of Defendant's employees to whom Plaintiff reported his injury. Mr. Bollenbaugh has knowledge of the crew's assignment that day, the fact that the train went into emergence braking as the result of a defective air hose, and the fact that Plaintiff had to apply hand brakes on a number of rail cars in order to replace the defective air hose. If called, Mr. Bollenbaugh is expected to testify in person in accordance with his deposition. John W. Rainwater UPRR Conductor 5317 N. College Drive Cheyenne, Wyoming 82009 (307) 432-9820 Mr. Rainwater relieved Plaintiff at Hanna, Wyoming on the date of Plaintiff's onthe-job injury. Mr. Rainwater has knowledge about the defective hand brake on rail car UPFE 466316, that Plaintiff injured his shoulder while operating the defective hand brake, the fact that he reported the defect to one of Defendant's employees at Defendant's fuel rack in Rawlins, Wyoming, and Defendant's procedures in regard to inspecting safety appliances on rail cars. If called, Mr. Rainwater is expected to testify in person. Patricia Butera UPRR Engineer P.O. Box 5202 1265 Road 141 Cheyenne, Wyoming 82003 (307) 547-2289 Ms. Butera relieved Engineer Bollenbaugh at Hanna, Wyoming on the date of Plaintiff's on-the-job injury. Ms. Butera has knowledge about the defective hand brake on rail car UPFE 466316 and that Plaintiff injured his shoulder while operating the 5

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defective hand brake. If called, Ms. Butera is expected to testify in person. John Niles UPRR Conductor and Engineer-in-Training Vice Chairman UTU Lodge 446 717 Dogwood Avenue Cheyenne, Wyoming 82009 (307) 635-5991 Mr. Niles has knowledge about the defective hand brake on UPFE 466316, the fact that Plaintiff injured his shoulder while operating the defective hand brake, and that Plaintiff and John Niles attempted to photograph the broken hand brake in the Rawlins rail yard. If called, Mr. Niles is expected to testify in person accordance with the statement previously produced to Defendant with Plaintiff's Rule 26(a) Initial Disclosure. Patrick G. Wade UPRR Conductor Chairman, UTU Local 446 8215 Powderhouse Road Cheyenne, Wyoming 82009 (307) 634-1692 Mr. Wade has knowledge about the facts and circumstances of Plaintiff's on-thejob injury, hand brake operation and defects, and the wages Plaintiff could have earned between July 12, 2002 and October 25, 2004. If called, Mr. Wade is expected to testify in person. Tyler Thompson Chairman, UTU-E Local 28 6429 Main Street Cheyenne, Wyoming 82009 (307) 632-8268 Mr. Thompson has knowledge about Plaintiff's adjusted seniority, Plaintiff's prospects for holding the job of a locomotive engineer based on his adjusted seniority after completing Defendant's engineer training program and engineer layoffs and/or furloughs, and the physical requirements and duties of a locomotive engineer. If called, Mr. Thompson is expected to testify in person. Robin Munis State of Wyoming Division of Vocational Rehabilitation District 02 Office 1510 East Pershing Boulevard Cheyenne, Wyoming 82002 (307) 777-7531 6

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Ms. Munis provided vocational counseling to Plaintiff prior to his entry into Defendant's Engineer Training Program. If called, Ms. Munis is expected to testify in person in accordance with her deposition. Penny Simms UPRR Nurse Care Coordinator 795 North 400 West Salt Lake City, Utah 84103 Telephone number unknown to Plaintiff. Ms. Simms referred Plaintiff to Dr. Hawkins. If called, Ms. Simms is expected to testify in person. Brian W. Thier Former Manager of Train Operations, Cheyenne 901 West 48th Avenue Denver, Colorado 80201 Telephone number unknown to Plaintiff. Mr. Their investigated the circumstances of Plaintiff's on the job injury. If called, Mr. Thier is expected to testify in person in accordance with his deposition. Sandy Walraven UPRR Senior Claims Representative 1800 Westland Road Cheyenne, Wyoming 82001 (307) 778-3210 Plaintiff called Ms. Walraven on or about July 15, 2002 to discuss his on-the-job injury. If called, Ms. Walraven is expected to testify in person. Scott Shaw UPRR Claims Representative 1800 Westland Road Cheyenne, Wyoming 82001 (307) 778-3470 Mr. Shaw is the Claims Representative assigned to Plaintiff's claim. If called, Mr. Shaw is expected to testify in person in accordance with his deposition.

Defendant's "May Call" Witnesses Scott Shaw Union Pacific Railroad Senior Claim Representative 7

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1800 Westland Road Cheyenne, Wyoming 82001 (307) 778-3470 Mr. Shaw may testify regarding his efforts to offer vocational rehabilitation to Mr. Carley and his efforts to return Mr. Carley to work as a locomotive engineer. If called, Mr. Shaw is expected to testify in person. Joe Whalen Union Pacific Railroad General Superintendent Transportation Services 1400 W. 52nd Avenue Denver, CO 80221 (303) 964-4130 Mr. Whalen may testify regarding Mr. Carley's qualifications to be a locomotive engineer, his ability to work as a locomotive engineer, his pay as a locomotive engineer as opposed to his pay as a conductor and his seniority and job security as a locomotive engineer. If called Mr. Whalen is expected to testify in person. Mark Bolenbaugh Union Pacific Railroad Engineer 5623 Horse Creek Road Cheyenne, Wyoming 82009 (307) 638-7152 Mr. Bolenbaugh may testify regarding his observations of Mr. Carley and any conversations he had with Mr. Carley on the day of the accident and on the return trip from Rawlins to Cheyenne. If called Mr. Bolenbaugh is expected to testify in person. Robin Munis Former Vocational Rehabilitation Counselor State of Wyoming Currently Quality Assurance Manager Primary Care Services Wyoming Office of Medicaid 6101 Yellowstone Road, Suite 210 Cheyenne, Wyoming 82002 Ms. Munis may testify regarding her efforts to offer vocational rehabilitation services to Mr. Carley and his response to those effects. Ms. Munis may testify regarding Mr. Carley's ability to work outside the Railroad, Mr. Carley's ability to work toward a college degree and Mr. Carley's residual earning capacity. If called Ms. Munis is expected to testify in person.

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Plaintiff's "Will Call" Expert Witnesses Dr. Michelle Cameron Park Clinic 1001 River Drive P. O. Box 1139 Livingston, Montana 59047 (406) 222-0800 Dr. Cameron is an orthopedic surgeon provided medical care and treatment for Plaintiff's on-the-job injury. Dr. Cameron-Donaldson will render expert medical opinion testimony formed during the course of her clinical care and treatment of Plaintiff regarding the nature, cause and extent of and prognosis for the injuries Plaintiff sustained as the result of the July 11, 2002 incident as reflected in Plaintiff's medical records from Rocky Mountain Orthopedic Specialists. Plaintiff expects Dr. Cameron to testify by way of deposition. Dr. Richard J. Hawkins Steadman Hawkins Clinic of the Carolinas 1690 Skyline Drive, Suite 130 Spartanburg, South Carolina 29307 (864) 585-3748 Dr. Hawkins is an orthopedic surgeon provided medical care and treatment for Plaintiff's on-the-job injury. Dr. Hawkins will render expert medical opinion testimony formed during the course of his clinical care and treatment of Plaintiff regarding the nature, cause and extent of and prognosis for the injuries Plaintiff sustained as the result of the July 11, 2002 incident, and Plaintiff's permanent restrictions, as reflected in the copies of Plaintiff's medical records from the Steadman Hawkins Clinic that have been exchanged by the parties. Depending upon his availability, Dr. Hawkins will testify by way of a videotaped deposition. Pat McKenna, OTR Starting Point Cottonwood Plaza 1 8745 West 14th Avenue, Suite 112 Lakewood, Colorado 80215 (303) 907-9211 Ms. McKenna is a registered occupational therapist who evaluated Plaintiff's work performance and occupational feasibility on referral from Dr. Hawkins. Ms. McKenna will render expert testimony from an occupational therapy perspective regarding Plaintiff's residual functional capacity as outlined in her April 19, 2004 work performance and occupational feasibility report. Ms. McKenna will testify in person.

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Defendant's "Will Call" Expert Witnesses Scott Primack, M.D. Colorado Rehabilitation & Occupational Medicine 125 Inverness Drive East, Suite 160 Englewood, Colorado Dr. Primack will testify in accordance with his independent medical examination of the Plaintiff and his report. Dr. Primack's Curriculum Vitae, previous Trial Testimony and Fee Schedule have been provided to counsel for Plaintiff. Joseph B. Blythe, M.A., C.R.C. Progressive Case Management 650 Innovation Circle Windsor, Colorado Mr. Blythe may testify in accordance with his reports and vocational efforts on behalf of the Plaintiff. Mr. Blythe's Curriculum Vitae, previous Trial Testimony and Fee Schedule have been provided to counsel for Plaintiff. Plaintiff's "May Call" Expert Witnesses Vincent J. Ross, M.D. Sports Medicine Advanced Rehabilitation Training 5307 Yellowstone Road Cheyenne, Wyoming 82009 (307) 632-7677 Dr. Ross performed a return to work physical for Plaintiff at Defendant's request in October 2004. Dr. Ross will render expert medical testimony regarding his examination of Plaintiff and his review of Plaintiff's medical records as outlined in his November 16, 2004 letter. If called, Plaintiff expects Dr. Ross to testify by way of deposition. Jerry Post, Psy.D. 2515 Warren Avenue, Suite 400 Cheyenne, Wyoming 82001 (307) 632-9697 Dr. Post is a clinical psychologist who evaluated Plaintiff at the request of Robin Munis from the State of Wyoming's Department of Vocational Rehabilitation. Dr. Post will render expert psychological testimony regarding Plaintiff consistent with his deposition taken in this case. If called, Plaintiff expects Dr. Post to testify in person in accordance with his deposition.

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James M. Gracey, Ed.D., CRC, CLCP Colorado Institute for Injury Rehabilitation, Inc. 1660 South Albion Street, Suite 1010 Denver, Colorado 80222 (303) 757-6970 Dr. Gracey is a certified rehabilitation counselor who has been retained by Plaintiff's counsel to evaluate Plaintiff from a vocational rehabilitation perspective, to assist Plaintiff with vocational rehabilitation planning, to prepare a report regarding Plaintiff's vocational rehabilitation prospects and to render expert opinion testimony at trial on vocational rehabilitation issues in this case consistent with his reports and deposition taken in this case. If called, Plaintiff expects Dr. Gracey to testify in person in accordance with his deposition and Rule 26 reports. Defendant's "May Call" Expert Witnesses Vincent J. Ross, M.D. Sports Medicine Advanced Rehabilitation Training 5307 Yellowstone Road Cheyenne, Wyoming 82009 (307) 632-7677 Dr. Ross performed a return to work physical for Plaintiff at Defendant's request in October 2004. Dr. Ross will render expert medical testimony regarding his examination of Plaintiff and his review of Plaintiff's medical records as outlined in his November 16, 2004 letter. If called Dr. Ross may testify by way of a videotaped deposition. Jerry Post, Psy.D. 2515 Warren Avenue, Suite 400 Cheyenne, Wyoming 82001 (307) 632-9697 Dr. Post is a clinical psychologist who evaluated Plaintiff at the request of Robin Munis from the State of Wyoming's Department of Vocational Rehabilitation. Dr. Post will render expert psychological testimony regarding Plaintiff consistent with his deposition taken in this case. If called Dr. Post may testify in person. Sean G. Grey, M.D. Orthopaedic Center of the Rockies 2500 East Prospect Fort Collins, Colorado Dr. Grey may testify in accordance with his medical records and treatment of the Plaintiff. A copy of Dr. Grey's medical records have been exchanged between the parties. Dr. Grey's Curriculum Vitae, previous Trial Testimony and Fee Schedule have 11

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been requested and will be forwarded upon receipt. Terri Nash, O.T. HealthOne Broncos Sports Medicine-Rehabilitation 830 Potomac Circle, Suite 400 Aurora, Colorado Ms. Nash may testify in accordance with her functional capacity evaluation of the Plaintiff. Ms. Nash's Curriculum Vitae, previous Trial Testimony and Fee Schedule have been requested and will be forwarded upon receipt. 7. EXHIBITS a. Exhibit No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Combined exhibits to be offered by the parties. Brief Description Plaintiff's Report of Personal Injury or Occupational Illness dated July 11, 2002 Report of Inspection for rail car UPFE 466316 dated July 12, 2002 Defendant's photographs of UPFE 466316 The hand brake assembly from UPFE 466316 Union Pacific Railroad Manager's Report of Employee Personal Injury Plaintiff's medical records from Orthopaedic Center of the Rockies Plaintiff's medical records from Rocky Mountain Orthopedic Specialists Plaintiff's medical records from Cheyenne Surgical Center Plaintiff's medical records from Steadman Hawkins Clinic and Vail Valley Medical Center Plaintiff's medical records from Avenues Therapy Clinic Plaintiff's medical records from Howard Head Sports Medicine Plaintiff's medical records from Starting Point

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13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34.

Letter dated October 27, 2004 from Superintendent Joe Whalen to Plaintiff Memorandum dated October 21, 2004 from UPRR Medical Director to Patricia A. Reed Return to Work form for Plaintiff dated September 27, 2004 from Dr. Hawkins Letter dated November 16, 2004 from Vincent J. Ross, M.D. Plaintiff's 1997 W-2 form from Union Pacific RR Plaintiff's 1997 W-2 form from Casper Truck Center Plaintiff's 1997 W-2 form from Bixby's Yamaha, Inc. Plaintiff's 1998 W-2 form from Union Pacific RR Plaintiff's 1999 W-2 form from Union Pacific RR Plaintiff's 2000 W-2 form from Union Pacific RR Plaintiff's 2001 W-2 form from Union Pacific RR Plaintiff's 2001 W-2 form from High Altitude, Inc. Plaintiff's 2002 W-2 form from Union Pacific RR Plaintiff's 2002 W-2 form from High Altitude, Inc. Plaintiff's 2003 W-2 form from Union Pacific RR Defendant's 1997 wage history for Plaintiff Defendant's 1998 wage history for Plaintiff Defendant's 1999 wage history for Plaintiff Defendant's 2000 wage history for Plaintiff Defendant's 2001 wage history for Plaintiff Defendant's 2002 wage history for Plaintiff Defendant's 2003 wage history for Plaintiff

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35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51.

Defendant's 2004 wage history for Plaintiff Defendant's 2005 wage history for Plaintiff Defendant's seniority roster for Conductors Defendant's wage history for the conductors following Plaintiff in seniority Defendant's seniority roster for Locomotive Engineers November 8, 2002 letter from Progressive Case Management to Mr. Carley December 5, 2002 letter from Progressive Case Management to Mr. Carley December 20, 2002 letter from Progressive Case Management to Mr. Carley February 17, 2003 letter from Progressive Case Management to Mr. Carley March 7, 2003 letter from Progressive Case Management to Mr. Bremseth April 4, 2003 letter from Progressive Case Management to Mr. Bremseth May 14, 2003 letter from Progressive Case Management to Mr. Bremseth June 12, 2003 letter from Progressive Case Management to Mr. Bremseth August 13, 2003 letter from Progressive Case Management to Mr. Bremseth October 14, 2003 letter from Progressive Case Management to Mr. Bremseth December 17, 2003 letter from Progressive Case Management to Mr. Bremseth February 13, 2004 letter from Progressive Case Management to Mr. Bremseth 14

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52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68.

April 22, 2004 letter from Progressive Case Management to Mr. Bremseth June 21, 2004 letter from Progressive Case Management to Mr. Bremseth August 19, 2004 letter from Progressive Case Management to Mr. Bremseth October 28, 2004 letter from Progressive Case Management to Mr. Bremseth August 11, 2005 letter from Progressive Case Management to Mr. Bremseth April 19, 2005 letter from Progressive Case Management to Mr. Bremseth Plaintiff's Answers to Defendant's First Set of Interrogatories to Plaintiff Photograph of Locomotive UP 4382 Diagram of Shoulder Diagram of Shoulder Diagram of Shoulder Plaintiff's 2004 W-2 form from Union Pacific RR Plaintiff's 2004 W-2 form from Pinnacle Cabinet & Millwork Job Site Anaylsis, Back on Track, 02/15/05 Functional Capacity Evaluation Bronco Sports Medicine, 10/16/04 Dr. Primack Report, August 30, 2004 Dr. Primack Report, October 18, 2004

b.

Copies of listed exhibits must be provided to opposing counsel and any

pro se party no later than five days after the final pretrial conference. The objections 15

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contemplated by Fed. R. Civ. P. 26(a)(3) shall be filed with the clerk and served by hand delivery or facsimile no later than 11 days after the exhibits are provided. 8. DISCOVERY Discovery has been completed. 9. SPECIAL ISSUES None. 10. SETTLEMENT a. Counsel for the parties met by telephone on February 22, 2005, to discuss

in good faith the settlement of the case. b. Thomas W. Geng, Esq. participated on behalf of Plaintiff and Mark C.

Hansen, Esq. participated on behalf of Defendant. c. d. conferences. e. It appears from the discussion by all counsel and any pro se party that The parties were promptly informed of all offers of settlement. Counsel for the parties party do intend to hold future settlement

there is some possibility of settlement. f. The parties participated in a settlement conference before the Honorable

Craig B. Shaffer at 10:00 a.m. on April 20, 2005. g. Counsel for the parties and any pro se party considered ADR in

accordance with D.C.COLO.LCivR. 16.6. 11. OFFER OF JUDGMENT Counsel acknowledge familiarity with the provision of rule 68 (Offer of Judgment) of the Federal Rules of Civil Procedure. Counsel have discussed it with the clients 16

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against whom claims are made in this case. 12. EFFECT OF FINAL PRETRIAL ORDER Hereafter, this Final Pretrial Order will control the subsequent course of this action and the trial, and may not be amended except by consent of the parties and approval by the court or by order of the court to prevent manifest injustice. The

pleadings will be deemed merged herein. This Final Pretrial Order supersedes the Scheduling Order. In the event of ambiguity in any provision of this Final Pretrial Order, reference may be made to the record of the pretrial conference to the extent reported by stenographic notes and to the pleadings. 13. TRIAL AND ESTIMATED TRIAL TIME; FURTHER TRIAL PREPARATION PROCEEDINGS 1. 2. 3. 4. This case is to be tried to a jury. The parties estimate this case can be tried in five days. The case will be tried in Denver There are no other orders pertinent to the trial proceedings. 14. ORDER OF PROOF The parties submit their Order of Proof: Witnesses Plaintiff's Case · Bryce E. Carley · Brian Bouley · John Niles · Mark Bollenbaugh · Alvin Carley · Michelle Cameron · Richard Hawkins, M.D. · Pat McKenna · James Gracey 17

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Defendant's Case · Ola Simonson · David Stimac · Dr. Scott Primack · Gary Getman · Joe Blythe · Scott Shaw DATED this _____ day of _____________ 2005. BY THE COURT: ____________________________________ Phillip S. Figa United States Magistrate Judge APPROVED: Telephonically approved 9/09/05 Fredric A. Bremseth BREMSETH LAW FIRM, P.C. 810 East Lake Street Wayzata, Minnesota 55391 (952) 475-2800 and Jack D. Robinson SPIES, POWERS & ROBINSON, P.C. 1660 Lincoln Street, Suite 2220 Denver, Colorado 80264 (303) 830-7090 Attorneys for Plaintiff Mark C. Hansen Union Pacific Railroad Company 1331 Seventeenth Street, Suite 406 Denver, Colorado 80202 (303) 964-4575 Attorney for Defendant

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