Progressive Rail Inc. v. CSX Transporation, Inc.
Plaintiff: Progressive Rail Inc. and Siemens Energy, Inc.
Defendant: CSX Transporation, Inc.,
Case Number: 3:2015cv00018
Filed: April 1, 2015
Court: US District Court for the Eastern District of Kentucky
Office: Frankfort Office
County: Carroll
Presiding Judge: Edward B Atkins
Referring Judge: Gregory F VanTatenhove
Nature of Suit: Commerce ICC Rates, Etc.
Cause of Action: 49 U.S.C. § 11702
Jury Demanded By: Plaintiff
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This docket was last retrieved on March 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 23, 2020 Opinion or Order Filing 117 ORDER: 1. The Agreed Motion to Stay Resolution of CSXT'S Motion for Attorneys' Fees and Taxation of Costs Pending Appeal #116 is GRANTED; 2. This action shall be STAYED pending a resolution of the appeal currently before the Sixth Circuit Court of Appeals; and 3. After the appeal is resolved, if appropriate, Plaintiff Siemens Energy shall file its responses/objections, if any, to Defendant CSXs Motion for Attorneys Fees within twenty-one (21) days after the receipt of the mandate from the Sixth Circuit. CSX may then file a reply brief in accordance with the Local Rules.. Signed by Judge Gregory F. VanTatenhove on 4/23/2020.(CBD)cc: COR, 6CCA, Clerk EDKY
April 22, 2020 Clerk's Note: Motion Submit re #113 was entered in error and has been deleted. (CBD)
April 20, 2020 ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #116 MOTION to Stay by Siemens Energy, Inc. Agreed Motion to Stay Resolution of CSXT'S Motion for Attorneys' Fees and Taxation of Costs Pending Appeal (CBD) Modified text on 4/20/2020 (CBD).
April 17, 2020 Filing 116 MOTION to Stay by Siemens Energy, Inc. Agreed Motion to Stay Resolution of CSXT'S Motion for Attorneys' Fees and Taxation of Costs Pending Appeal Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Hands, Iliaura)
April 10, 2020 Filing 115 USCA Case Number 20-5378 Case Manager Sharday Swain for #114 Notice of Appeal filed by Siemens Energy, Inc. (CBD)
April 8, 2020 Filing 114 NOTICE OF APPEAL as to #111 Judgment, by Siemens Energy, Inc.. Filing fee $ 505, receipt number 0643-4640353. (Hands, Iliaura)
April 2, 2020 Filing 113 BILL OF COSTS by CSX Transporation, Inc., . (Attachments: #1 Exhibit Declaration in Support of Bill of Costs, #2 Exhibit Invoices)(Payne, Rodney)
April 2, 2020 Filing 112 MOTION for Attorney Fees by CSX Transporation, Inc., (Attachments: #1 Memorandum in Support Attorney Fees, #2 Exhibit Ex. A - Waybills, #3 Proposed Order Order granting attorney fees)(Payne, Rodney) Modified text on 4/3/2020 (CBD).
March 11, 2020 Filing 111 JUDGMENT: 1) Judgment is entered in favor of Dft. 2) Action is DISMISSED and STRICKEN from the active docket. 3) This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge Gregory F. VanTatenhove on 3/11/2020.(SCD)cc: COR
March 10, 2020 Opinion or Order Filing 110 MEMORANDUM OPINION & ORDER: 1. Defendant CSXs Motion for Summary Judgment #94 is GRANTED, consistent with the findings of this Order; 2. Plaintiff Siemens Energys Motion for Partial Summary Judgment #96 is DENIED; and 3. This case is STRICKEN from the Courts active docket. Signed by Judge Gregory F. VanTatenhove on 3/10/2020.(CBD)cc: COR
March 6, 2020 Opinion or Order Filing 109 ORDER: 1) #108 JOINT MOTION to Remand Pretrial Conference and Trial Date from Court's Docket is GRANTED in part and DENIED in part. 2) Final PTC currently scheduled for 3/17/2020 is CONTINUED GENERALLY. 3) Jury Trial remains scheduled for 3/31/2020. Signed by Judge Gregory F. VanTatenhove on 3/6/2020.(SCD)cc: COR
January 24, 2020 Filing 108 JOINT MOTION to Remand Pretrial Conference and Trial Date from Court's Docket by CSX Transporation, Inc., Siemens Energy, Ice., Progressive Rail Inc. (Attachments: #1 Proposed Order Removing Pretrial conference and Trial date)(Payne, Rodney) Modified on 1/24/2020 (SCD).
January 24, 2020 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #108 JOINT MOTION to Remand Pretrial Conference and Trial Date from Court's Docket (SCD)
June 7, 2019 Filing 107 NOTICE OF FILING Exhibit G by Siemens Energy, Inc. re #102 Order. (Attachments: #1 Affidavit Ex. G Notarized Affidavit of Marisha Hines)(Hands, Iliaura) Modified on 6/7/2019 (SCD).
June 7, 2019 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #94 MOTION for Summary Judgment by CSX Transporation, Inc., and, #96 MOTION for Partial Summary Judgment by Siemens Energy, Inc. (SCD)
June 6, 2019 Filing 106 REPLY to #99 Response to #96 Motion for Partial Summary Judgment filed by Siemens Energy, Inc.. to Progressive's Combined Response (Hands, Iliaura) Modified on 6/7/2019 (SCD).
June 6, 2019 Filing 105 REPLY to #98 Response to #96 MOTION for Partial Summary Judgment filed by Siemens Energy, Inc. (Hands, Iliaura) Modified on 6/7/2019 (SCD).
June 6, 2019 Filing 104 REPLY to Response to Motion re #94 MOTION for Summary Judgment filed by CSX Transporation, Inc. (Payne, Rodney) Modified on 6/7/2019 (SCD).
June 6, 2019 Filing 103 NOTICE of Adoption of Arguments in Plaintiff, Progressive Rail, Inc.'s Combined Response by CSX Transporation, Inc., re #99 Response to #94 Motion for Summary Judgment and #96 Motion for Summary Judgment. (Payne, Rodney) Modified on 6/7/2019 (SCD).
June 6, 2019 Opinion or Order Filing 102 ORDER: It is ordered that #101 Motion to Substitute Exhibit is granted substituting Exhibit G [R. 100-8]. Signed by Magistrate Judge Edward B. Atkins on 6/6/2019. (SCD)cc: COR
June 5, 2019 Filing 101 MOTION for Order by Siemens Energy, Inc. Unopposed Motion to Substitute Exhibit Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Hands, Iliaura)
June 5, 2019 ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #101 MOTION for Order by Siemens Energy, Inc. Unopposed Motion to Substitute Exhibit re Response #100 (CBD)
May 24, 2019 Clerk's Note: Notice of Docket Modification to James Mooney and entry at DE 101 entered this date were filed in error and have been deleted. (CBD)
May 24, 2019 NOTICE OF DOCKET MODIFICATION TO Iliaura Hands re #100 Response in Opposition to Motion. Error: a link was not created to the related document. Entry by attorney; Clerk modified the entry to create the link; In the future, create a link to the related document. No further action required by counsel. cc: COR (CBD)
May 24, 2019 Clerk's Note re #100 Response in Opposition to Motion: Clerk confirmed that the blank page attached to Exhibit C identified as KN763 is as presented to counsel and not missing information.(CBD)
May 23, 2019 Filing 100 RESPONSE in Opposition re #94 MOTION for Partial Summary Judgment by Siemens Energy, Inc. filed by Siemens Energy, Inc.. (Attachments: #1 Exhibit A - KN AG Revised Quote, #2 Exhibit B - KN AG AG Quote, #3 Exhibit C - Email Chain, #4 Exhibit D - Email with K+N's quote, #5 Exhibit E- Email with HLI, #6 Exhibit F - Siemens Acceptance 6-12-12, #7 Exhibit G - Affidavit of Marisha Hines, #8 Exhibit H - Tranformer Photo, #9 Exhibit I - Tranformer Photo, #10 Exhibit J - PGR Answers to 1st RFA from Siemens Final)(Hands, Iliaura) Modified link on 5/24/2019 (CBD). (Additional attachment(s) added on 6/7/2019: #11 Exhibit G - Notarized Affidavit of Marisha Hines) (SCD).
May 23, 2019 Filing 99 RESPONSE to Motion re #94 MOTION for Summary Judgment by CSX Transporation, Inc., , #96 MOTION for Partial Summary Judgment by Siemens Energy, Inc. filed by Progressive Rail Inc.. (Attachments: #1 Exhibit Exhibit 1 Rate Confirmation, #2 Exhibit Exhibit 2 JThornton Depo., #3 Exhibit Exhibit 3 Emails, #4 Exhibit Exhibit 4 TMcKeeby Depo., #5 Proposed Order Order)(Mooney, James)
May 23, 2019 Filing 98 RESPONSE in Opposition re #96 MOTION for Partial Summary Judgment by Siemens Energy, Inc. filed by CSX Transporation, Inc.,. (Attachments: #1 Exhibit Stephanie Denton Depo Excerpts, #2 Exhibit B Second Suppl Resp to Interrogs)(Payne, Rodney)
May 6, 2019 Filing 97 NOTICE OF FILING by Siemens Energy, Inc. re #96 MOTION for Partial Summary Judgment by Siemens Energy, Inc. Exhibit 34 - Proposed Order (Attachments: #1 Exhibit 34 - Proposed Order)(Hands, Iliaura)
May 3, 2019 NOTICE OF DOCKET MODIFICATION and NOTICE OF DEFICIENCY TO Iliaura Hands re #96 MOTION for Partial Summary Judgment: Error 1: attachments were insufficiently described as "Exhibit 1," "Exhibit 2." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel as to this error. Error 2: attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (SCD)
May 2, 2019 Filing 96 MOTION for Partial Summary Judgment by Siemens Energy, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Siemens Invoice, #3 Exhibit 2 - Deposition Excerpt of Marisha Hines, #4 Exhibit 3 - Siemens Order Acknowledgement, #5 Exhibit 4 - Letter from Kuhne+Nagel, #6 Exhibit 5 - Kuehne+Nagel Quotation, #7 Exhibit 6 - "K" Line Waybill, #8 Exhibit 7 - Bill of Lading, #9 Exhibit 8 - Blue Anchor Line Sea Waybill, #10 Exhibit 9 - Deposition Excerpt of Thomas McKeeby, #11 Exhibit 10 - Email dated 9/14/12, #12 Exhibit 11 - Quote from Progressive Rail, #13 Exhibit 12 - Offer from Kuhne+Nagel, #14 Exhibit 13 - Deposition Excerpts of James W. Krantz, #15 Exhibit 14 - Transport order - sea freight, #16 Exhibit 15 - Deposition Excerpts of Stephanie Denton, #17 Exhibit 16 - Deposition Excerpts of Jim Thornton, #18 Exhibit 17 - Email 8/1/12, #19 Exhibit 18 - Email 7/4/12, #20 Exhibit 19 - Quotation Kuehne+Nagel, #21 Exhibit 20 - CSX Freight Bill, #22 Exhibit 21 - CSX Response to Request for Admission, #23 Exhibit 22 - CSX Response to Request for Production, #24 Exhibit 23 - Progressive Rail Answers to Requests for Production, #25 Exhibit 24 - Progressive Rail Answers to Requests for Admission, #26 Exhibit 25 - Email 10/22/12, #27 Exhibit 26 - Price Detail, #28 Exhibit 27 - CSX Public Price List, #29 Exhibit 28 - Spreadsheet, #30 Exhibit 29 - Waybill, #31 Exhibit 30 - Email 7/23/12, #32 Exhibit 31 - Equipment ID Form, #33 Exhibit 32 - Ceres Final Quote, #34 Exhibit 33 - Kuehne+Nagel Railcar Delivery Order)(Hands, Iliaura) Modified on 5/3/2019 (SCD). (Additional attachment(s) added on 5/7/2019: #35 Proposed Order) (CBD).
May 2, 2019 Filing 95 NOTICE OF FILING Deposition Transcripts in Support of #94 Motion for Summary Judgment by CSX Transporation, Inc. (Attachments: #1 Exhibit A Thornton Deposition, #2 Exhibit B Hines Deposition, #3 Exhibit C McKeeby Deposition, #4 Exhibit D Krantz Deposition)(Payne, Rodney) Modified on 5/3/2019 (SCD).
May 2, 2019 Filing 94 MOTION for Summary Judgment by CSX Transporation, Inc., (Attachments: #1 Memorandum in Support Memo in Support, #2 Exhibit 1 Siemens Email, #3 Exhibit 2 Sea Waybill, #4 Exhibit 3 K Line Waybill, #5 Exhibit 4 Email Correspondence, #6 Exhibit 5 Blue Anchor Waybill, #7 Exhibit 6 Customs Spreadsheet, #8 Exhibit 7 Email re shipment, #9 Exhibit 8 Doc ref Waybills, #10 Exhibit 9 K & N Docs, #11 Exhibit 10 Dec of Denton, #12 Exhibit 11 Price List, #13 Exhibit 12 PGR Chart, #14 Exhibit 13 Req for Dim Shipment, #15 Exhibit 14 Price Quote, #16 Exhibit 15 Clearance Notice, #17 Exhibit 16 Bill of Lading, #18 Exhibit 17 Docs re Price list, #19 Exhibit 18 Rate Confirmation, #20 Exhibit 19 Quotation, #21 Proposed Order Proposed Order)(Payne, Rodney)
April 30, 2019 Opinion or Order Filing 93 ORDER: motions [R. #91 ; #92 ] for page extensions are GRANTED. Signed by Judge Gregory F. VanTatenhove on 4/30/2019. (CBD)cc: COR
April 11, 2019 Filing 92 CONSENT MOTION for Leave by Siemens Energy, Inc. To Extend Page Limit on Memo. in Support of Partial Summary Judgment Motion. Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Hands, Iliaura) Modified text on 4/11/2019 (CBD).
April 11, 2019 ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #92 CONSENT MOTION for Leave by Siemens Energy, Inc. To Extend Page Limit on Memo. in Support of Partial Summary Judgment Motion (CBD)
April 11, 2019 ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #91 CONSENT MOTION for Leave to File Excess Pages by CSX Transporation, Inc., (SCD)
April 10, 2019 Filing 91 CONSENT MOTION for Leave to File Excess Pages by CSX Transporation, Inc., Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Payne, Rodney)
March 20, 2019 Opinion or Order Filing 90 ORDER: 1. Joint Motion #89 GRANTED. 2. Discovery ddl as to the limitation of liability issue is extended to April 1, 2019. 3. Dispositive motion deadline is extended to May 2, 2019. 4. All other deadlines and requirements in the Court's operative Scheduling Order #66 remain in place. Signed by Magistrate Judge Edward B. Atkins on 3/20/2019.(CBD)cc: COR
March 20, 2019 ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #89 JOINT MOTION for Extension of Time as to the discovery and dispositive motion deadlines by CSX Transporation, Inc., (CBD)
March 19, 2019 Filing 89 JOINT MOTION for Extension of Time as to the discovery and dispositive motion deadlines by CSX Transporation, Inc., Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Payne, Rodney) Modified text on 3/20/2019 (CBD).
March 1, 2019 Opinion or Order Filing 88 CONSENT ORDER: the existing deadline for completion of discovery as to the limitation of liability issue is extended to 3/25/2019. It is further ordered that the dispositive motion deadline is extended to 4/25/2019. Signed by Magistrate Judge Edward B. Atkins on 3/1/2019.(CBD)cc: COR
March 1, 2019 Opinion or Order Filing 87 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 3/1/2019 before Magistrate Judge Edward B. Atkins: the Parties Joint Motion for Extension of Time as to Discovery and Dispositive Motion Deadlines, R. #85 , is GRANTED. The Consent Order shall be entered outlining the Court's specific rulings. Signed by Magistrate Judge Edward B. Atkins(Tape #KYED-PIK__3-15-cv-18_20190301_101603.) (CBD)cc: COR
February 25, 2019 Opinion or Order Filing 86 ORDER: It is ordered that this matter shall come before this Court for a TELEPHONE CONFERENCE on 3/1/2019 at 10:30 AM in PIKEVILLE. Signed by Magistrate Judge Edward B. Atkins on 2/25/2019.(SCD)cc: COR,Pikeville D
February 22, 2019 ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #85 JOINT MOTION for Extension of Time as to Discovery and Dispositive Motion Deadlines (SCD)
February 21, 2019 Filing 85 JOINT MOTION for Extension of Time as to Discovery and Dispositive Motion Deadlines by CSX Transporation, Inc., Siemens Energy, Inc., and Progressive Rail Inc. Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit A - Email, #2 Proposed Order)(Payne, Rodney) Modified on 2/22/2019 (SCD).
January 18, 2019 Opinion or Order Filing 84 ORDER: 1. The Final Joint Motion to Extend Discovery and Dispositive Motion Deadlines, #83 , is GRANTED. 2. The deadline for completion of discovery as to the limitation of liability issue is extended from January 31, 2019 to 3/4/2019. 3. The dispositive motion deadline is extended from 2/28/2019 to 4/5/2019. 4. All other deadlines established in the Court's Scheduling Order #66 shall remain in place. Signed by Magistrate Judge Edward B. Atkins on 1/18/2019. (CBD)cc: COR
January 17, 2019 Filing 83 JOINT MOTION for Extension of Time to Complete Discovery by Siemens Energy, Inc. Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Hands, Iliaura)
December 19, 2018 Opinion or Order Filing 82 ORDER: 1. Joint Motion to Extend Discovery and Dispositive Motion Deadlines #81 is GRANTED. 2. Discovery as to the limitation of liability issue is extended to January 31, 2019. 3. Dispositive motion deadline is extended to February 28, 2019. 4. All other deadlines in the Scheduling Order #66 shall remain in place. Signed by Magistrate Judge Edward B. Atkins on 12/19/2018.(CBD)cc: COR
December 18, 2018 Filing 81 JOINT MOTION for Extension of Time to Complete Discovery by Siemens Energy, Inc. Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Hands, Iliaura)
December 6, 2018 Opinion or Order Filing 80 ORDER: 1. Joint Motion #79 is GRANTED. 2. Discover ddl as to the limitation of liability issue is extended 12/31/ 2018. 3. Dispositive motion ddl is extended 1/28/2019. 4. All other ddls in Scheduling Order #66 shall remain in place. Signed by Magistrate Judge Edward B. Atkins on 12/6/2018.(CBD)cc: COR
December 6, 2018 ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #79 SUPPLEMENTAL JOINT MOTION for Extension of Time as to the discovery and dispositive motion deadlines (CBD)
December 5, 2018 Filing 79 SUPPLEMENTAL JOINT MOTION for Extension of Time as to the discovery and dispositive motion deadlines by CSX Transporation, Inc., Motions referred to Edward B. Atkins. (Attachments: #1 Consent Order)(Payne, Rodney) Modified text on 12/6/2018 (CBD).
December 4, 2018 Opinion or Order Filing 78 ORDER: Prior to this Court convening a telephonic conference in order to address a discovery dispute, the parties submitted position statements for the Court's review. In sum, the Court finds that the information sought in CSTX's Rule 30(b)(6) Notice is "reasonably available" to Siemens Energy, warranting a second deposition as to the deposition topics outlined above. Accordingly, IT IS ORDERED that Defendant CSXT's Request for a Second Deposition, described above, be GRANTED. Signed by Magistrate Judge Edward B. Atkins on 12/4/2018.(CBD)cc: COR
November 16, 2018 Opinion or Order Filing 77 ORDER: By consent of the parties #76 , the discovery ddl is extended to 12/10/2018 and the dispositive motiosn ddl is extended to 1/7/2019. Signed by Magistrate Judge Edward B. Atkins on 11/16/2018.(CBD)cc: COR
November 14, 2018 Filing 76 JOINT MOTION for Extension of Time re discovery and dispositive motion deadlines by CSX Transporation, Inc., Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Payne, Rodney) Modified text on 11/14/2018 (CBD).
November 14, 2018 ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #76 JOINT MOTION for Extension of Time re discovery and dispositive motion deadlines by CSX Transporation, Inc., (CBD)
November 8, 2018 Opinion or Order Filing 75 MINUTE ENTRY ORDER FOR TELEPHONIC CONFERENCE held on 11/8/2018, before Magistrate Judge Edward B. Atkins: Parties shall submit a brief statement of authority re the obligation of a Rule 30(b)(6) witness designated for a whole owned subsidiary to testify about the involvement of a parent entity by 11/16/2018. Signed by Magistrate Judge Edward B. Atkins. (Tape #KYED-PIK_3-15-cv-18_20181108_134246.) (SCD)cc: COR
November 6, 2018 Opinion or Order Filing 74 ORDER: It is ordered that this matter shall come before this Court for a TELEPHONE CONFERENCE ON THE RECORD on 11/8/2018 at 3:00 PM in PIKEVILLE. Signed by Magistrate Judge Edward B. Atkins on 11/6/2018.(SCD)cc: COR,Pikeville Clerk
November 6, 2018 Filing 73 NOTICE of Change of Address by Iliaura Hands (Hands, Iliaura)
October 10, 2018 Opinion or Order Filing 72 CONSENT ORDER: existing deadline for completion of discovery as to the limitation of liability issue is extended #71 from to November 19, 2018. It is further ordered that the dispositive motion deadline is extended to December 17, 2018. Signed by Magistrate Judge Edward B. Atkins on 10/10/2018.(CBD)cc: COR
October 9, 2018 Filing 71 JOINT MOTION for Extension of Time by CSX Transporation, Inc., Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit A - Subpoena, #2 Exhibit B - Subpoena, #3 Exhibit C - Email, #4 Proposed Order)(Payne, Rodney)
October 9, 2018 ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #71 JOINT MOTION for an extension of time as to the discovery and dispositive motion deadlines set forth in this Courts June 8, 2018 Scheduling Order (Doc. 66). (CBD)
July 5, 2018 Opinion or Order Filing 70 ORDER: that the Mtn for Leave to Withdraw Counsel #68 is GRANTED. Lawrence J. Hamilton II and William Byrne and the law firm Holland & Knight LLP are permitted to withdraw as counsel of record for Dft, CSX Transportation, Inc CSXT will continue to be represented by Rod D. Payne, Boehl Stopher & Graves, LLP and Andrew J. Steif, Abel Bean Law PLLC. Attorney William P. Byrne and Lawrence J. Hamilton terminated. Signed by Magistrate Judge Edward B. Atkins on 7/5/2018. (AKR)cc: COR
July 5, 2018 ***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #68 MOTION to Withdraw as Attorney by CSX Transporation, Inc., . (AKR)
July 3, 2018 Filing 69 NOTICE of Change of Address by Rodney Dale Payne (Payne, Rodney)
July 3, 2018 Filing 68 MOTION to Withdraw as Attorney by CSX Transporation, Inc., Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Payne, Rodney)
June 8, 2018 Opinion or Order Filing 66 SCHEDULING ORDER: Fact Discovery re the limitation of liability defense due by 10/19/2018. Dispositive and Daubert Motions due by 11/16/2018. FINAL PRETRIAL CONFERENCE set for 3/17/2020 at 11:00 AM in FRANKFORT, Ky. Pretrial Filings due by 3/10/2020. JURY TRIAL set for 3/31/2020 at 10:00 AM in FRANKFORT, Ky. Expected length is 7 days. Pursuant to 28 U.S.C. 636(b)(1)(A) this matter is referred to Magistrate Judge Edward B. Atkins. Dispositive motions and motions in limine will be referred by the Clerk of this Court to the appropriate United States District Judge.. Signed by Judge Gregory F. VanTatenhove on 6/8/2018.(CBD)cc: COR, D
June 5, 2018 ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #65 Report of Rule 26(f) Planning Meeting (CBD)
June 4, 2018 Filing 65 JOINT REPORT of Rule 26(f) Planning Meeting. (Payne, Rodney)
April 24, 2018 Opinion or Order Filing 64 ORDER FOR MEETING AND REPORT: 1. No later than thirty (30) days from the date of entry and service of this order, counsel for the parties shall conduct the meeting of parties required by Rule 26(f). 2. At the time of the meeting, counsel for the parties shall exchange the disclosures required by Rule 26(a)(1) and, in the future, shall make supplemental disclosures when required by Rule 26(e). 3. No later than ten (10) days after the meeting, counsel for the parties shall file a written joint report outlining the proposed discovery plan. Signed by Judge Gregory F. VanTatenhove on 4/24/2018. (Attachments: #1 Consent Form)(CBD)cc: COR
April 12, 2018 ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review/scheduling: #63 Answer to Second Amended Complaint (CBD)
April 11, 2018 Filing 63 ANSWER to #52 Second Amended Complaint by CSX Transporation, Inc.(Payne, Rodney) Modified text on 4/12/2018 (CBD).
March 28, 2018 Opinion or Order Filing 62 MEMORANDUM OPINION & ORDER: 1. Defendant CSX Transportation, Inc.'s Motion to Dismiss Siemenss Second Amended Complaint #53 will be GRANTED IN PART and DENIED IN PART; 2. Defendant's Motion to Dismiss Siemens's Second Amended Complaint #53 is hereby DENIED as to Siemens's Carmack Amendment claim; 3. Defendant's Motion to Dismiss Siemens's Second Amended Complaint #53 is hereby GRANTED as to Siemenss negligence and bailment claims; and 4. Plaintiff Siemenss Motion to Intervene #55 is hereby DENIED. Signed by Judge Gregory F. VanTatenhove on 3/28/2018.(CBD)cc: COR
June 14, 2017 Filing 61 REPLY to Response to Motion re #55 MOTION for Leave by Siemens Energy, Inc. to Intervene addressing Progressive's Response in Opposition filed by Siemens Energy, Inc.. (Attachments: #1 Exhibit A - E-mails, #2 Exhibit B - Claim letter)(Hands, Iliaura)
June 14, 2017 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #55 MOTION for Leave by Siemens Energy, Inc. to Intervene. (AKR)
June 14, 2017 NOTICE OF DOCKET MODIFICATION TO Iliaura Hands re #60 REPLY; Error: a link was created to the Response instead of the Motion. Entry by attorney; Clerk modified the entry to create a link to the Motion, thereby placing the reply on the Judge's motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR (AKR)
June 13, 2017 Filing 60 REPLY to #55 Motion to Intervene Response by CSXT in Opposition to Motion to Intervene filed by Siemens Energy, Inc.. (Hands, Iliaura) Modified by adding link to related motion on 6/14/2017 (AKR).
May 31, 2017 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #53 MOTION to Dismiss by CSX Transporation, Inc., . (AKR)
May 30, 2017 Filing 59 RESPONSE in Opposition re #55 MOTION for Leave by Siemens Energy, Inc. to Intervene filed by Progressive Rail Inc.. (Attachments: #1 Exhibit Exhibit A Bill of Lading, #2 Exhibit Exhibit B K+N Contract, #3 Proposed Order)(Mooney, James)
May 30, 2017 Filing 58 RESPONSE in Opposition re #55 MOTION for Leave by Siemens Energy, Inc. to Intervene filed by CSX Transporation, Inc.,. (Attachments: #1 Exhibit A - Emails)(Payne, Rodney)
May 30, 2017 Filing 57 REPLY to Response to Motion re #53 MOTION to Dismiss by CSX Transporation, Inc., filed by CSX Transporation, Inc.,. (Attachments: #1 Exhibit A - AXA v. Lectrus Complaint)(Payne, Rodney)
May 19, 2017 Opinion or Order Filing 56 ORDER: to respond to the Motion for Leave to Intervene filed by Plaintiff Siemens Energy, Inc. [R. 55] within ten (10) days of the entry of this order. Signed by Judge Gregory F. VanTatenhove on 5/19/2017.(AKR)cc: COR
May 16, 2017 Filing 55 MOTION for Leave by Siemens Energy, Inc. to Intervene (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Complaint in Intervention, #3 Exhibit 2 - Purchase Order, #4 Exhibit 3 - Order Acknowledgment, #5 Exhibit 4 - Invoice, #6 Exhibit 5 - Declaration of Thomas McKeeby, #7 Exhibit 6 - Bill of Lading, #8 Exhibit 7 - Email, #9 Proposed Order)(Hands, Iliaura)
May 16, 2017 Filing 54 RESPONSE in Opposition re #53 MOTION to Dismiss by CSX Transporation, Inc., filed by Siemens Energy, Inc.. (Attachments: #1 Exhibit 1 - Invoice, #2 Exhibit 2 - Order Acknowledgment, #3 Exhibit 3 - Declaration of Thomas McKeeby, #4 Exhibit 4 - Complaint by K+N, #5 Exhibit 5 - CSXT's tariff, #6 Exhibit 6 - CSXT's Price List, #7 Exhibit 7 - Email, #8 Exhibit 8 - KY Dep. of State records, #9 Exhibit 9 - FL Dep. of State records)(Hands, Iliaura)
April 25, 2017 Filing 53 MOTION to Dismiss by CSX Transporation, Inc., (Attachments: #1 Memorandum in Support, #2 Exhibit A - Bill of Lading, #3 Proposed Order)(Payne, Rodney)
April 7, 2017 Filing 52 SECOND AMENDED COMPLAINT against CSX Transporation, Inc., filed by Progressive Rail Inc., Siemens Energy, Inc. (CBD) Filed per Order #51 Modified text on 4/25/2017 (CBD).
April 7, 2017 Opinion or Order Filing 51 ORDER: 1. Proposed Consent Order #50 is GRANTED; 2. Consistent with the Agreed Consent Order: a. Motion for Leave to File a Second Amended Complaint #48 is GRANTED; and b. Motion to Dismiss #43 is DENIED as MOOT; and c. CSXT is hereby ORDERED to respond to Siemens' Second Amended Complaint on or before April 25, 2017; and d. The Court will stay discovery until a Scheduling Order is entered following full briefing on the Motion to Dismiss that will be made by CSXT after the Second Amended Complaint is filed by Siemens. 3. Joint Motion to Stay Pending Resolution of Motion to Dismiss #45 is DENIED as MOOT. Signed by Judge Gregory F. VanTatenhove on 4/7/2017. (CBD)cc: COR
April 5, 2017 Filing 50 Proposed CONSENT ORDER by CSX Transporation, Inc.,. (Payne, Rodney) Modified text on 4/5/2017 (CBD).
April 5, 2017 ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #50 Proposed CONSENT ORDER by CSX Transporation, Inc., (CBD)
March 30, 2017 NOTICE OF DOCKET MODIFICATION TO Iliaura Hands re #48 MOTION, #49 Response; Error: attachments were insufficiently described as "Exhibit A," "Exhibit B" etc. Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (CBD)
March 29, 2017 Filing 49 RESPONSE in Opposition re #43 MOTION to Dismiss by CSX Transporation, Inc., filed by Siemens Energy, Inc.. (Attachments: #1 Exhibit 1 - proposed Second Amended Complaint, #2 Exhibit 2 - Invoice, #3 Exhibit 3 - Order Acknowledgment, #4 Exhibit 4, #5 Exhibit 5 - previously filed a protective suit, #6 Exhibit 6 - CSXTs tariff, #7 Exhibit 7 - CSXTs Price List 4606, #8 Exhibit 8 - Kentucky Department of State records, #9 Exhibit 9 - Florida Department of State records)(Hands, Iliaura) Modified text on 3/30/2017 (CBD).
March 29, 2017 Filing 48 MOTION for Leave to File by Siemens Energy, Inc. TO FILE SECOND AMENDED COMPLAINT (Attachments: #1 Memorandum in Support, #2 Exhibit A - Second Amended Complaint, #3 Exhibit B - Red Line copy of Second Amended Complaint, #4 Proposed Order)(Hands, Iliaura) Modified text on 3/30/2017 (CBD).
March 22, 2017 Opinion or Order Filing 47 ORDER: 1. Unopposed Motion for Extension of Time to File Response to Defendant's Motion to Dismiss #46 is GRANTED; 2. Plaintiff Siemens Energy, Inc., shall have up to and including March 29, 2017, to serve and file its Response in response to Defendant CSX Transportation, Inc.' Motion to Dismiss. Signed by Judge Gregory F. VanTatenhove on 3/22/2017.(CBD)cc: COR
March 20, 2017 Filing 46 CONSENT MOTION for Extension of Time to file its responsive brief in opposition to the Motion to Dismiss (Rec. Doc.# 43) by Siemens Energy, Inc. (Attachments: #1 Proposed Order)(Hands, Iliaura) Modified entry and mtn text on 3/20/2017 (CBD).
March 20, 2017 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #46 CONSENT MOTION for Extension of Time to file its responsive brief in opposition to the Motion to Dismiss (Rec. Doc.# 43) by Siemens Energy, Inc. (CBD)
March 13, 2017 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #45 JOINT MOTION to Stay Proceedings by CSX Transporation, Inc., Progressive Rail, Inc. (AKR)
March 10, 2017 Filing 45 JOINT MOTION to Stay by CSX Transporation, Inc., (Attachments: #1 Proposed Order)(Payne, Rodney)
March 10, 2017 Filing 44 REPORT of Rule 26(f) Planning Meeting. (Payne, Rodney)
March 1, 2017 Filing 43 MOTION to Dismiss by CSX Transporation, Inc., (Attachments: #1 Memorandum in Support, #2 Exhibit A - Bill of Lading, #3 Proposed Order)(Payne, Rodney)
February 3, 2017 Opinion or Order Filing 42 ORDER FOR MEETING AND REPORT: No later than 30 dys from date of entry of this order, counsel conduct Rule 26(f)meeting of parties. No later than 10 dys after the meeting, counsel shall file a written joint report outlining the prop discovery plan. (SEE order for completeness). Signed by Judge Gregory F. VanTatenhove on 2/3/2017. (Attachments: #1 Magistrate Judge Consent Form)(AKR)cc: COR
February 3, 2017 Opinion or Order Filing 41 ORDER: that the Motion to Dismiss (R. 22 ) is DENIED with permission to refile. Signed by Judge Gregory F. VanTatenhove on 2/3/2017. (AKR)cc: COR
January 10, 2017 Filing 40 FRCP 7.1 DISCLOSURE STATEMENT by Siemens Energy, Inc. identifying Corporate Parent Siemens AG, Corporate Parent Siemens Corporation for Siemens Energy, Inc... (Hands, Iliaura)
January 10, 2017 Opinion or Order Filing 39 ORDER: 1. Defendants' Motion for Admission Pro Hac Vice #37 is GRANTED; and 2. Iliaura Hands is admitted pro hac vice as counsel for the Plaintiff in the above-styled action. Signed by Judge Gregory F. Van Tatenhove on 1/10/2017. (CBD)cc: COR, AD
January 9, 2017 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #37 MOTION for Iliaura Hands to Appear Pro Hac Vice by Siemens Energy, Inc. (CBD)
January 9, 2017 BAR STATUS Check completed as to Iliaura Hands re #37 MOTION for Iliaura Hands to Appear Pro Hac Vice by Siemens Energy, Inc. (CBD)
January 6, 2017 Filing 38 PRO HAC VICE Filing fee received - Iliaura Hands - $ 125.00, receipt number 3001476 (CBD)
January 6, 2017 Filing 37 MOTION for Iliaura Hands to Appear Pro Hac Vice by Siemens Energy, Inc. (Attachments: #1 Certificate of Good Standing, #2 Affidavit /Appl. of Iliaura Hands, #3 Proposed Order, #4 Cover Letter)(CBD) NOTE: ECF Reg. Form rec'd and forwarded to Lex for processing. Modified text on 1/10/2017 (CBD).
January 3, 2017 Opinion or Order Filing 36 ORDER: 1. Motion #33 for Withdrawal as Counsel for the Plaintiff is GRANTED; 2. James O. Spiker IV of Semmes Bowen & Semmes is withdrawn as counsel for the Plaintiff, Siemens Energy, Inc. in this matter. Signed by Judge Gregory F. Van Tatenhove on 1/3/2017.(CBD)cc: COR Modified text on 1/11/2017 (CBD).
January 3, 2017 Opinion or Order Filing 35 ORDER: 1. Motion #32 for Withdrawal as Counsel for the Plaintiff is GRANTED; 2. Thomas V. McCarron of Semmes, Bowen & Semmes is withdrawn as counsel for the Plaintiff, Siemens Energy, Inc. in this matter. Signed by Judge Gregory F. Van Tatenhove on 1/3/2017.(CBD)cc: COR
January 3, 2017 Opinion or Order Filing 34 ORDER: 1. Motion #30 for Withdrawal as Counsel is GRANTED; 2. Philip Tucker Evans of Holland & Knight LLP is withdrawn as counsel for the Defendant in this matter. Signed by Judge Gregory F. Van Tatenhove on 1/3/2017.(CBD)cc: COR
December 30, 2016 Filing 33 MOTION to Withdraw as Attorney by James O. Spiker IV by Siemens Energy, Inc. (Attachments: #1 Proposed Order)(AKR)
December 30, 2016 Filing 32 MOTION to Withdraw as Attorney by Thomas V. McCarron by Siemens Energy, Inc. (Attachments: #1 Proposed Order)(AKR)
December 30, 2016 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #33 MOTION to Withdraw as Attorney by Siemens Energy, Inc., #32 MOTION to Withdraw as Attorney by Siemens Energy, Inc. (AKR)
December 29, 2016 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #30 MOTION to Withdraw as Attorney by CSX Transporation, Inc., of Phillip Tucker Evans. (AKR)
December 28, 2016 Filing 31 NOTICE OF FILING by CSX Transporation, Inc., re #30 MOTION to Withdraw as Attorney by CSX Transporation, Inc., of Phillip Tucker Evans (Attachments: #1 Proposed Order)(Payne, Rodney)
December 28, 2016 NOTICE OF DEFICIENCY TO Rodney Payne re #30 MOTION to Withdraw as Attorney by CSX Transporation, Inc., of Phillip Tucker Evans; attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a pleading entitled "Notice of Filing" (with a certificate of service), file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (AKR)
December 27, 2016 Filing 30 MOTION to Withdraw as Attorney by CSX Transporation, Inc., of Phillip Tucker Evans (Payne, Rodney) (Additional attachment(s) added on 12/29/2016: #1 Proposed Order) (AKR).
December 22, 2016 ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatehove for review: No response as to NOTICE TO ATTORNEY Phillip Tucker Evans by Clerk re: L.R. 83 sent 11/14/2016 in Member Case 3:16-cv-22 (CBD)
December 21, 2016 Clerk's Note: The "File Submission" re #25 Notice of Deficiency re: Rule 7.1 Disclosures has been deleted as upon review the 7.1 disclosure was identified as DE 2 in the related Member Case 2:16-cv-22. (CBD)
November 30, 2016 Filing 29 NOTICE TO ATTORNEY Thomas Vincent McCarron by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Data Sheet)(CBD)
November 30, 2016 Filing 28 NOTICE TO ATTORNEY Iliaura Hands by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Data Sheet)(CBD)
November 30, 2016 Filing 27 NOTICE TO ATTORNEY James O. Spiker, IV by Clerk re: L.R. 83 - Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Data Sheet)(CBD)
November 30, 2016 Filing 26 NOTICE OF MANDATORY ECF DIRECTED TO William Byrne, non-registered attorney. Order #20 had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (CBD)
November 30, 2016 Filing 25 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Iliaura Hands. Response 23 (Filed as DE #19 in Member Case 3:16-cv-22) to Motion has been filed by Siemens Energy Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (CBD)
November 29, 2016 Filing 24 REPLY to Response to Motion re 22 MOTION to Dismiss by CSX Transporation, Inc., filed by CSX Transporation, Inc. Filed as DE #20 in Member Case 3:16-cv-22 (CBD)
November 29, 2016 Filing 23 RESPONSE to Motion re 22 MOTION to Dismiss by CSX Transporation, Inc., filed by Siemens Energy, Inc. Filed as DE #19 in Member Case 3:16-cv-22 (CBD)
November 29, 2016 Filing 22 MOTION to Dismiss Amended Complaint of Siemens Energy Inc. by CSX Transporation, Inc. Filed as De #15 in Member Case 3:16-cv-22 (CBD)
November 29, 2016 Filing 21 AMENDED COMPLAINT against CSX Transporation, Inc., filed by Siemens Energy, Inc. Filed at DE #10 in Member Case 3:16-cv-22(CBD)
November 29, 2016 Opinion or Order Filing 20 ORDER: 1. The Motion to Consolidate [R. 13] is GRANTED; 2. The instant action is hereby consolidated for all further purposes, including trial, with the action styled Siemens Energy, Inc. v. CSX Transportation, Inc., Case No. 3:16-cv-00022-GFVT, also pending before this Court; 3. The consolidated actions shall proceed under the style of and within the instant action; and all further docketing shall occur in the lead case, which is the above-styled action, Progressive Rail Inc. v. CSX Transportation, Inc., Case No. 3:15-cv-0018-GFVT; and 4. Any pending motions in either action will remain unaffected by this order. Signed by Judge Gregory F. Van Tatenhove on 11/29/2016.(CBD)cc: COR
November 29, 2016 Party Siemens Energy, Inc. added. (CBD)
November 29, 2016 ***Lift Stay (CBD)
November 29, 2016 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 22 MOTION to Dismiss by CSX Transporation, Inc. Filed as DE #15 in Member Case 3:16-cv-22 (CBD)
November 29, 2016 Attorney Update. Attorney Philip Tucker Evans for CSX Transporation, Inc. added. (CBD)
October 27, 2016 ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #13 JOINT NOTICE OF TRANSFER OF RELATED CASE 3:16-cv-22 by Progressive Rail Inc. Notice of Resolution in Related Case - Memorandum Opinion in Case RDB-15-1075-USDC-Maryland re Order #12 , and #8 Answer to Complaint (CBD)
September 9, 2016 Filing 19 NOTICE by CSX Transporation, Inc., of Supplemental Authority (Attachments: #1 Supplement Loves Express Trucking LLC v. Central Transport LLC)(Payne, Rodney)
April 14, 2016 Opinion or Order Filing 18 ORDER: 1. The Motion for Admission Pro Hac Vice of Andrew J. Steif [R. 15] is GRANTED; 2. The Motion for Admission Pro Hac Vice of Lawrence J. Hamilton II [R. 16] is GRANTED; 3. The Motion for Admission Pro Hac Vice of William Byrne [R. 17] is GRANTED; and 4. Andrew J. Steif, Lawrence J. Hamilton II, and William Byrne are admitted pro hac vice as counsel for Defendant CSA Transportation, Inc. in the above- styled action. Signed by Judge Gregory F. VanTatenhove on 4/14/2016.(AKR)cc: COR, paper copy to attys/Steif, Hamilton & Byrne w/ECF Registration forms
April 14, 2016 BAR STATUS Check completed as to Lawrence J. Hamilton, William P. Byrne, Andrew J. Steif re #15 MOTION for Andrew J. Steif to Appear Pro Hac Vice by CSX Transporation, Inc., ( Filing fee $125; receipt number 0643-3457982), #16 MOTION for Lawrence J. Hamilton II to Appear Pro Hac Vice by CSX Transporation, Inc., ( Filing fee $125; receipt number 0643-3457993), #17 MOTION for William Byrne to Appear Pro Hac Vice by CSX Transporation, Inc., ( Filing fee $125; receipt number 0643-3458002). (AKR)
April 14, 2016 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #15 MOTION for Andrew J. Steif to Appear Pro Hac Vice by CSX Transporation, Inc., ( Filing fee $125; receipt number 0643-3457982), #16 MOTION for Lawrence J. Hamilton II to Appear Pro Hac Vice by CSX Transporation, Inc., ( Filing fee $125; receipt number 0643-3457993), #17 MOTION for William Byrne to Appear Pro Hac Vice by CSX Transporation, Inc., ( Filing fee $125; receipt number 0643-3458002). (AKR)
April 13, 2016 Attorney Update. Attorney Lawrence J. Hamilton,William P. Byrne,Andrew J. Steif for CSX Transporation, Inc. added. (AKR)
April 13, 2016 Filing 17 MOTION for William Byrne to Appear Pro Hac Vice by CSX Transporation, Inc., ( Filing fee $125; receipt number 0643-3458002) (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order)(Payne, Rodney)
April 13, 2016 Filing 16 MOTION for Lawrence J. Hamilton II to Appear Pro Hac Vice by CSX Transporation, Inc., ( Filing fee $125; receipt number 0643-3457993) (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order)(Payne, Rodney)
April 13, 2016 Filing 15 MOTION for Andrew J. Steif to Appear Pro Hac Vice by CSX Transporation, Inc., ( Filing fee $125; receipt number 0643-3457982) (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order)(Payne, Rodney)
March 30, 2016 Filing 14 NOTICE OF FILING by Progressive Rail Inc. re #13 Notice (Attachments: #1 Exhibit A to Joint Notice)(Mooney, James)
March 30, 2016 ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #13 Joint Notice (CBD)
March 30, 2016 NOTICE OF DEFICIENCY TO James Mooney re #13 Joint Notice; attorney failed to submit Exhibit A (referred to in Notice) as an electronic attachment to the notice. Entry by attorney. Within 7 calendar days, prepare a pleading entitled "Notice of Filing" (with a certificate of service). Using the event "Notice of Filing," file the Notice and attach the omitted Exhibit, and create a link to the #13 Joint Notice. cc: COR (CBD)
March 29, 2016 Filing 13 JOINT NOTICE OF TRANSFER OF RELATED CASE by Progressive Rail Inc. re #12 Order Notice of Resolution in Related Case (Mooney, James) Modified text on 3/30/2016 (CBD). (Additional attachment(s) added on 3/31/2016: #1 Exhibit A - Memorandum Opinion in Case RDB-15-1075-USDC-Maryland) (AKR).
July 15, 2015 Opinion or Order Filing 12 AGREED ORDER: that all existing deadlines and requirements applicable to the parties under Rule 26 of the Federal Rules of Civil procedure are hereby stayed pending the resolution of CSX Transportation, Inc.'s Motion to Dismiss or Transfer filed in the District of Maryland in the action styled Siemens Energy, Inc. v. CSX Transportation, Inc., No. No.1: 15cv-OI o72-RDB. The parties shall advise this Court of the ruling of the court in the Maryland Action after it is entered. In the event the Maryland Action is not transferred to this Court, the parties shall confer under Rule 26(f) Federal Rules of Civil Procedure, within twenty (20) days of the ruling in the Maryland Action and shall serve both their Joint Case Management Report and their individual Initial Disclosures within twenty-one (21) days of the date on which the parties confer.. Signed by Judge Gregory F. VanTatenhove on 7/15/2015.(AKR)cc: COR
July 13, 2015 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #11 JOINT MOTION to Stay by CSX Transporation, Inc., Progressive Rail. (AKR)
July 10, 2015 Filing 11 JOINT MOTION to Stay by CSX Transporation, Inc., (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - CSX Motion to Dismiss (MD Action), #3 Proposed Order)(Payne, Rodney)
May 26, 2015 Filing 10 FRCP 7.1 DISCLOSURE STATEMENT by CSX Transporation, Inc.,. (Payne, Rodney)
May 26, 2015 Filing 9 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Rodney Payne. #8 Answer to Complaint has been filed by CSX Transportation, Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (AKR)
May 22, 2015 Filing 8 ANSWER to #1 Complaint by CSX Transporation, Inc.,.(Payne, Rodney)
April 28, 2015 Opinion or Order Filing 7 AGREED ORDER: By agreement #6 of the parties, Defendant, CSX Transportation, Inc., shall have up to and including Friday, May 22, 2015 to respond to Plaintiffs Complaint. Signed by Judge Gregory F. VanTatenhove on 4/28/2015.(CBD)cc: COR
April 28, 2015 Attorney Update. Attorney Rodney Dale Payne,Michelle Duncan for CSX Transporation, Inc. added. (CBD)
April 22, 2015 ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #6 Proposed Agreed Order/Stipulation to respond to complaint by Progressive Rail Inc. (AKR)
April 21, 2015 Filing 6 Proposed Agreed Order Extending time to Respond to Complaint by Progressive Rail Inc., CSX Transportation, Inc. (Sylvester, Jeremy) Modified description/filer text on 4/23/2015 (CBD).
April 16, 2015 Clerk's Note: A paper copy of #5 Order has this date been mailed to attorney Michael Barron with an ECF Registration form by the Clerk. (AKR)
April 15, 2015 Opinion or Order Filing 5 ORDER: that the Motion is GRANTED, and that Michael Barron, Jr. is admitted pro hac vice for the purpose of representing the Plaintiff in the above reference matter subject to the Local Rules of this Court. Signed by Judge Gregory F. VanTatenhove on 4/15/2015.(AKR)cc: COR
April 15, 2015 BAR STATUS Check completed as to Michael J. Barron, Jr re #4 MOTION for Michael Barron, Jr. to Appear Pro Hac Vice by Progressive Rail Inc. ( Filing fee $95; receipt number 0643-3191324). (AKR)
April 15, 2015 Attorney Update. Attorney Michael J. Barron, Jr for Progressive Rail Inc. added. (AKR)
April 15, 2015 ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #4 MOTION for Michael Barron, Jr. to Appear Pro Hac Vice by Progressive Rail Inc. ( Filing fee $95; receipt number 0643-3191324). (AKR)
April 14, 2015 Filing 4 MOTION for Michael Barron, Jr. to Appear Pro Hac Vice by Progressive Rail Inc. ( Filing fee $95; receipt number 0643-3191324) (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Affidavit, #3 Proposed Order)(Sylvester, Jeremy)
April 1, 2015 Filing 3 Summons Issued as to CSX Transporation, Inc.,; Summons issued and returned to counsel electronically (KRB)
April 1, 2015 Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by Progressive Rail Inc.,. (KRB)
April 1, 2015 Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-3182504), filed by Progressive Rail Inc.,. (Attachments: #1 Civil Cover Sheet, #2 Case Assignment, #3 Summons CSX Transportation, Inc)(KRB)
April 1, 2015 Conflict Check run. (KRB)

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Search for this case: Progressive Rail Inc. v. CSX Transporation, Inc.
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Plaintiff: Progressive Rail Inc.
Represented By: David R. Irvin
Represented By: Michael James Barron, Jr.
Represented By: James M. Mooney
Represented By: Jeremy J. Sylvester
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Plaintiff: Siemens Energy, Inc.
Represented By: James O Spiker, IV
Represented By: Thomas Vincent McCarron
Represented By: Iliaura Hands
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Defendant: CSX Transporation, Inc.,
Represented By: Rodney Dale Payne
Represented By: Lawrence J. Hamilton
Represented By: Philip Tucker Evans
Represented By: Andrew J. Steif
Represented By: William P. Byrne
Represented By: Michelle Duncan
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