Sperati v. CSX Transportation, Inc.
| Thomas Sperati |
| CSX Transportation, Inc. |
| David Taffany |
| 5:2014cv00888 |
| July 18, 2014 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Oswego |
| Therese Wiley Dancks |
| Thomas J McAvoy |
| Federal Employer's Liability |
| 45 U.S.C. § 51 Railways: Fed. Employer's Liability Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2015. A more recent docket listing may be available from PACER.
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| Filing 38 STIPULATION of Dismissal by CSX Transportation, Inc. submitted to Judge Dancks. (Barbour, Scott) |
Filing 37
TEXT STATUS REPORT ORDER: Court has reviewed status report (Dkt. No. #36 ). Stipulation of Discontinuance or Status Report regarding the same due by 10/30/2015.SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/29/2015. (sg)
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| Filing 36 STATUS REPORT by CSX Transportation, Inc.. (Barbour, Scott) |
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Filing 35
TEXT STATUS REPORT ORDER: Court has reviewed status report (Dkt. No. #34 ). Stipulation of Discontinuance, or status report regarding same, to be filed by 9/30/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/21/2015. (sg)
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| Filing 34 STATUS REPORT by CSX Transportation, Inc.. (Barbour, Scott) |
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Filing 33
TEXT STATUS REPORT ORDER: Defendant to file status report on remaining discovery and any discovery disputes by 9/18/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/9/2015. (sg)
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| TEXT NOTICE RE: TRIAL READY & JURY TRIAL DATES: Dates re-set as follows: Trial Ready Deadline is 4/1/2016. Jury Trial set for Tuesday, 4/12/2016 at 10:00 AM in Albany before Senior Judge Thomas J. McAvoy. (sg) |
| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 8/10/2015. Appearances: Marc Wietzke, Esq. for Plaintiff; Scott Barbour, Esq. and Joseph Devine, Esq. for Defendant. Court reminds plaintiff's counsel to comply with court ordered deadlines and, should it be necessary, make requests for extensions of deadlines in writing. Court discusses Dkts. 30 and 32. Settlement not consummated. Court grants Plaintiff until 8/31/2015 to move for enforcement of settlement. In the interim, Discovery will proceed. Court inquires on what discovery remains and sets deadlines. All Discovery due by 11/9/2015. Discovery Motions due by 11/16/2015. Dispositive Motions to be filed by 12/21/2015. Court states there will be no further extensions of deadlines absent extraordinary circumstances. (FTR Recorded: 9:30AM-9:44AM) (sg) |
| CLERK'S TEXT NOTICE re 32 LETTER BRIEF : At the direction of Magistrate Judge Dancks this docket entry has been restricted to the Court and case participants. Judge Dancks will explain the reason for this restriction during the Telephone Conference set for 8/10/2015. (sg) |
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Filing 31
TEXT ORDER SETTING TELEPHONE CONFERENCE: A Telephone Conference has been set for 8/10/2015 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Parties should be prepared to discuss issues reviewed in Dkt. No. 30 and re-set discovery deadlines if the issues cannot be resolved. Court directs that Defendant's counsel initiate the call and contact Chambers at (315) 234-8618 once all counsel are on the line. This number is a conference line and should be used only at the time of the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/6/2015. (sg)
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| Filing 30 LETTER BRIEF -Status Report by CSX Transportation, Inc.. (Barbour, Scott) |
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Filing 29
TEXT ORDER : Court has reviewed docket and notes that the letter motion (Dkt. No. #28 ) for extension was inadvertently overlooked. Letter motion granted. All deadlines are adjourned and will be reset, if necessary, after a report on status of settlement is received. Plaintiff to file status report on settlement and lien issues, or a stipulation of dismissal, if available, by 7/28/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/17/2015. (sg)
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| Filing 28 Letter Motion from Marc Wietzke for Thomas Sperati requesting extension of time submitted to Judge Therese Wiley Dancks . (Wietzke, Marc) |
| ADR COMPLETED (sg ) |
| Filing 27 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on March 24, 2014. Total Hours Spent by Mediator: 5.0; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Taffany, David) |
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Filing 26
TEXT ORDER : Court has reviewed Plaintiff's letter motion (Dkt. No. #24 ) and Defendant's response (Dkt. No. #25 ) regarding Plaintiff's Document Demand No. 25. Court also discussed the issues with the parties during a telephone conference held on 3/6/2015. Letter motion granted, in part, and denied, in part, as follows: Defendant must produce the attendance policy applicable to Plaintiff at the time the 15-day overhead suspension was issued, which the Court finds relevant to Plaintiff's second cause of action. Defendant shall produce the policy no later than 3/16/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/9/2015. (sg )
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| Filing 25 RESPONSE in Opposition re #24 Letter Motion from Marc Wietzke for Thomas Sperati requesting Order directing defendant to produce requested documents submitted to Judge Therese Wiley Dancks filed by CSX Transportation, Inc.. (Devine, Joseph) |
| Filing 24 Letter Motion from Marc Wietzke for Thomas Sperati requesting Order directing defendant to produce requested documents submitted to Judge Therese Wiley Dancks . (Wietzke, Marc) |
| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Status Conference held on 3/6/2015. Appearances: Marc T. Wietzke, Esq. for Plaintiff; Joseph C. Devine, Esq., Samuel E. Endicott, Esq., and Scott A. Barbour, Esq. for Defendant. Court hears from parties re: status of depositions and outstanding discovery issues. Court directs parties to discuss the discovery issues and try to resolve. If parties come to an agreement re: these issues as discussed during the conference, one of the parties is to file a letter advising Judge Dancks of the same by 3/9/2015. If the parties are unable to work out the discovery issues, Plaintiff's counsel is to file a letter motion with the Court outlining the issues the Court should address by 10:00AM on 3/9/2015; Defendant's counsel is to file it's response to Plaintiff's letter motion by 4:00PM on 3/9/2015. The Court will review and issue a Text Order by 3/10/2015. (FTR Recorded: 10:05AM-10:28AM) (sg ) |
| Filing 23 STATUS REPORT by Thomas Sperati. (Attachments: #1 Exhibit(s) Attached letter dated February 5, 2015)(Wietzke, Marc) |
| Filing 22 TEXT NOTICE OF HEARING: A Telephone Status Conference is set for 3/6/2015 at 10:00 AM in Syracuse before Magistrate Judge Therese Wiley Dancks. Attorney Barbour is directed to initiate the call and to contact Chambers at (315) 234-8618 once all parties are on the line. This number is a conference line and should be used only at the time of the conference. (sg ) |
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Filing 21
TEXT ORDER : Court has reviewed Docket and notes that Plaintiff still has not submitted a status report as directed in Text Minute Entry of 12/2/2014 and Text Order of 1/30/2015 (Dkt. No. 20). Plaintiff's attorney to file status report by 2/27/2015 addressing the issues outlined in the Text Minute Entry of 12/2/2014. Failure to file this status report may result in sanctions including, but not limited to, recommendation of dismissal for failure to follow Court orders. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/24/2015. (sg )
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Filing 20
TEXT ORDER : Court has reviewed letter motion (Dkt. No. 19) for extension of mediation deadline which is granted. Mediation to be completed by 3/31/2015. In reviewing the docket, Court notes that status report to be submitted by Plaintiff's attorney by 1/7/2015 (see Text Minute Entry 12/2/2014) was not filed. Plaintiff's attorney to file status report addressing the issues outlined in the Text Minute Entry of 12/2/2014 by 2/6/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/30/2015. (sg )
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| Filing 19 Letter Motion for CSX Transportation, Inc. requesting Extension to the deadline to complete the court-sponsored mediation session submitted to Judge Dancks . (Barbour, Scott) |
| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 12/2/2014. Appearances: Marc T. Wietzke, Esq. for Plaintiff; Scott A. Barbour, Esq. and Samuel E. Endicott, Esq. for Defendant. Counsel report on status of discovery. Mediation scheduled for 2/12/2015. Court encourages parties to complete meaningful discovery prior to the mediation session. Court directs Attorney Wietzke to file a status report by 1/7/2015 advising the court on the status of the collection of various records by defendants per the authorizations, the schedule of depositions, and whether there are any discovery issues that have arisen. (FTR Recorded: 10:00AM-10:09AM) (sg ) |
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Filing 18
STIPULATED PROTECTIVE ORDER. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/21/2014. (sg )
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| Filing 17 STIPULATION for Protective Order by CSX Transportation, Inc. submitted to Judge Therese Wiley Dancks. (Devine, Joseph) |
| Filing 16 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Dave Taffany has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Marc Wietzke and Scott A. Barbour. Dated: November 17, 2014(Wietzke, Marc) |
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Filing 15
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 11/19/2014. Deadline for completion of Mandatory Mediation is 2/19/2015. Signed by Magistrate Judge Therese Wiley Dancks on 10/22/2014. (sg )
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Filing 14
UNIFORM PRETRIAL SCHEDULING ORDER: Rule 33 and 34 Responses due 11/3/2014. Joinder of Parties due by 11/21/2014. Amended Pleadings due by 11/21/2014. Deadline for completion of Mandatory Mediation is 2/19/2015. Discovery due by 6/30/2015. Discovery Motions due by 7/7/2015. Dispositive Motions to be filed by 7/31/2015. Trial Ready Deadline is 11/2/2015. Jury Trial set for 11/10/2015 10:00 AM in Albany before Senior Judge Thomas J. McAvoy. Anticipated length of trial: 4 days. Signed by Magistrate Judge Therese Wiley Dancks on 10/22/2014. (sg )
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| TEXT NOTICE of Hearing: Telephone Status Conference set for 12/2/2014 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Defendant's counsel is directed to initiate the call and should contact Chambers once all counsel are on the line at (315) 234-8618. This number is a conference line and should be used only at the time of the conference.(sg ) |
| TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Initial Pretrial Conference held on 10/22/2014. Appearances: Marc T. Wietzke, Esq. for Plaintiff; Joseph C. Devine, Esq. and Scott A. Barbour, Esq. for defendant. Mandatory disclosures have been exchanged, Rule 33 and 34 requests have been served, court sets response deadline. Experts anticipated. Court discusses protective order and directs counsel on how to proceed should it be required. Court refers case into mandatory mediation program and advises a separate order will be issued setting the deadline. Pretrial deadlines are established, a scheduling order will be issued. ( FTR Recorded: 9:32AM-9:50AM) (sg ) |
| Filing 13 CIVIL CASE MANAGEMENT PLAN by CSX Transportation, Inc.. (Devine, Joseph) |
| Filing 12 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by CSX Transportation, Inc.. (Devine, Joseph) |
| Filing 11 ANSWER to #1 Complaint by CSX Transportation, Inc..(Devine, Joseph) |
| Filing 10 NOTICE of Appearance by Samuel E. Endicott on behalf of CSX Transportation, Inc. (Endicott, Samuel) |
| Filing 9 NOTICE of Appearance by Joseph C. Devine on behalf of CSX Transportation, Inc. (Devine, Joseph) |
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Filing 8
ORDER granting #6 Motion for Limited Admission Pro Hac Vice as to Joseph C. Devine. Signed by Magistrate Judge Therese Wiley Dancks on 9/5/14. (rjb, )
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Filing 7
ORDER granting #5 Motion for Limited Admission Pro Hac Vice as to Samuel E. Endicott. Signed by Magistrate Judge Therese Wiley Dancks on 9/5/14. (rjb, )
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| Filing 6 MOTION for Limited Admission Pro Hac Vice of Joseph Charles Devine as Co-Counsel Filing fee $100, receipt number 0206-3036761. filed by CSX Transportation, Inc.. (Attachments: #1 Affirmation Petition for Admission to Practice, #2 Exhibit(s) Exhibit A to Petition, #3 Affidavit Affidavit of Sponsor, #4 Declaration Certificate of Good Standing, #5 Affirmation Oath on Admission, #6 Proposed Order/Judgment Order, #7 Exhibit(s) New Attorney E-Filing Registration Form, #8 Affidavit Certificate of E-Filing) Motions referred to Therese Wiley Dancks. (Barbour, Scott) |
| Filing 5 MOTION for Limited Admission Pro Hac Vice of Samuel Evert Endicott as Co-Counsel Filing fee $100, receipt number 0206-3036743. filed by CSX Transportation, Inc.. (Attachments: #1 Affirmation Petition for Admission, #2 Exhibit(s) Exhibit A to Petition, #3 Affidavit Affidavit of Sponsor, #4 Declaration Certificate of Good Standing, #5 Affirmation Oath on Admission, #6 Proposed Order/Judgment Order, #7 Affirmation Certificate of E-File) Motions referred to Therese Wiley Dancks. (Barbour, Scott) (Additional attachment(s) added on 9/3/2014: #8 E-Filing Registration Form) (lah, ). |
| Filing 4 WAIVER OF SERVICE Returned Executed by Thomas Sperati. CSX Transportation, Inc. waiver sent on 7/23/2014, answer due 9/22/2014. (Wietzke, Marc) |
| Filing 3 Summons Issued as to CSX Transportation, Inc. (mgh) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/22/2014 09:30 AM in Syracuse before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/15/2014. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call using AT&T or other teleconferencing service and call Judge Dancks chambers at 315-234-8618, a dedicated conference line which is not to be used for other purposes. Pro-se plaintiffs will provide the court with a telephone number for use in placing the conference call. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
| Filing 1 COMPLAINT against CSX Transportation, Inc. (Filing fee $400 receipt number 2997204) filed by Thomas Sperati. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Civil Cover Sheet)(mgh) |
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