Uselton v. CSX Transportation, Inc.
| Jason S Uselton |
| CSX Transportation, Inc. |
| 3:2013cv00349 |
| February 15, 2013 |
| US District Court for the Northern District of Ohio |
| Toledo Office |
| Ashland |
| Jeffrey J Helmick |
| Labor: Family and Medical Leave Act |
| 29 U.S.C. § 2661 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 5, 2014. A more recent docket listing may be available from PACER.
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| Filing 38 Judgment Entry: For the reasons stated in the Memorandum Opinion and Order filed contemporaneously, CSXT's motion for summary judgment, (Doc. No. 22), is granted. The portion of CSXT's motion that seeks judgment on the pleadings is denied. Judge Jeffrey J. Helmick on 9/5/2014. (S,AL) |
| Filing 37 Memorandum Opinion and Order: CSXT's motion for summary judgment is granted. The portion of CSXT's motion that seeks judgment on the pleadings is denied. re #22 . Judge Jeffrey J. Helmick on 9/5/2014. (S,AL) |
| Filing 36 Reply to response to #22 Motion for judgment on the pleadings or Alternatively Motion for summary judgment filed by CSX Transportation, Inc.. (Attachments: #1 Exhibit Unpublished Cases)(Lewis, John) |
Filing 35
Order granting #34 defendant's Motion for Extension of Time until 4/21/2014 to File Reply in support of their motion for summary judgment. Judge Jeffrey J. Helmick on 4/17/2014.(S,AL)
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| Filing 34 Motion for extension of time until April 21, 2014 to file response/reply to #22 Motion for judgment on the pleadings or Alternatively Motion for summary judgment filed by Defendant CSX Transportation, Inc.. Related document(s) #22 . (Attachments: #1 Proposed Order for Extension to File Reply Brief in Support of Motion for Summary Judgment)(Lewis, John) |
| Filing 33 Opposition to #22 Motion for judgment on the pleadings or Alternatively Motion for summary judgment filed by Jason S Uselton. (Attachments: #1 Exhibit Uselton Depo (partial), #2 Exhibit Sipes Depo (partial), #3 Exhibit Discharge Letter, #4 Exhibit Attendance Record, #5 Exhibit Sellers Depo (partial), #6 Exhibit Spoores Depo (partial), #7 Exhibit Hearing Transcript, #8 Exhibit Notice of Findings)(Thompson, Andrew) |
| Filing 32 Marginal Entry Order granting #31 plaintiff's motion for extension of time until 3/17/14 to file an opposition to the motion for judgment on the pleadings; reply due 4/17/2014. Judge Jeffrey J. Helmick on 3/14/2014.(S,AL) |
| Filing 31 Motion for extension of time until March 17, 2014 to file response/reply to #22 Motion for judgment on the pleadings > filed by Plaintiff Jason S Uselton. (Thompson, Andrew) Modified on 3/24/2014 to note no information re summary judgment in motion, filer notified (B,TM). |
| Filing 30 SEALED Document:Notice of filing Exhibits filed by CSX Transportation, Inc.. Related document(s) #29 , #22 , #23 . (Attachments: #1 Exhibit Confidential Deposition Exhibits)(Williams, Leah) Modified on 3/11/2014 to edit text (B,TM). |
| Filing 29 Marginal Entry Order granting defendant's Motion for leave to file certain exhibits from plaintiff's 11/12/13 deposition under seal. (Related Doc #28 ). Judge Jeffrey J. Helmick on 2/25/2014.(S,AL) |
| Filing 28 Motion for leave to File Certain Exhibits From Plaintiff's November 12, 2013 Deposition Under Seal filed by Defendant CSX Transportation, Inc.. Related document(s) #22 , #23 . (Lewis, John) |
| Filing 27 Notice of Filing Deposition Transcript of Michael Spoores with deposition attached filed by CSX Transportation, Inc.. (Attachments: #1 Michael Spoores Deposition Transcript, #2 Exhibits) Related document(s) #22 .(Lewis, John) Modified on 3/13/2014 (B,TM). |
| Filing 26 Notice of Filing Deposition Transcript of Raymond Sipes filed by CSX Transportation, Inc.. (Attachments: #1 Exhibit Raymond Sipes Deposition Transcript, #2 Exhibit Raymond Sipes Deposition Transcript Exhibits)Related document(s) #22 .(Lewis, John) |
| Filing 25 Notice of Filing Deposition Transcript of Christopher Sellers with deposition attached filed by CSX Transportation, Inc.. Related document(s) #24 , #22 . (Attachments: #1 Exhibit: Christopher Sellers Deposition Transcript)(Lewis, John) Modified on 3/13/2014 (B,TM). |
| Filing 24 Notice of Filing Deposition Transcript of Jason Usleton with Deposition of Christopher Sellers atatched filed by CSX Transportation, Inc.. (Attachments: #1 Exhibit: Christopher Sellers Deposition Transcript) Related document(s) #22 .(Lewis, John) Modified on 3/13/2014 to note incorrect deposition/notice attached, filer notified (B,TM). |
| Filing 23 Notice of Filing Deposition Transcript of Plaintiff Jason Uselton with deposition and exhibits attached filed by CSX Transportation, Inc.. (Attachments: #1 Volume(s) Pages 1 - 50 Jason Uselton Deposition Transcript, #2 Volume(s) Pages 51 - 101 Jason Uselton Deposition Transcript, #3 Volume(s) Pages 102 - 132 Jason Uselton Deposition Transcript, #4 Volume(s) Pages 133 - 164 Jason Uselton Deposition Transcript, #5 Uselton Depo Exhibits A, D, E, F, G, H, I, J, K, L, M, N, O, #6 Uselton Depo Exhibits P and Q, #7 Uselton Depo Exhibits R, S, T, U, V, W, X, Y, Z, AA, #8 Uselton Depo Exhibits BB, CC, #9 Uselton Depo Exhibits EE, II, JJ, KK, LL)Related document(s) #22 .(Lewis, John) Modified on 3/13/2014 to edit text (B,TM). |
| Filing 22 Motion for judgment on the pleadings or Alternatively, Motion for summary judgment filed by Defendant CSX Transportation, Inc.. (Attachments: #1 Brief in Support of Motion for Judgment on the Pleadings or Alternatively for Summary Judgment, #2 Exhibit 1 - Uselton Depo Transcript Excerpts, #3 Exhibit 2 - Sellers Depo Transcript Excerpts, #4 Exhibit 3 - Spoores Depo Transcript Excerpts, #5 Exhibit 4 - Sipes Depo Transcript Excerpts, #6 Exhibit 5 - Declaration of Joanne Mattingly, #7 Exhibit 6 - Declaration of Allon Wright, #8 Exhibit Unpublished Cases)(Lewis, John) |
| Filing 21 Address Change Notice by Andrew J. Thompson filed by on behalf of Jason S Uselton. (Thompson, Andrew) |
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Filing 20
Marginal Entry Order granting #19 plaintiff's Motion to Extend Deadlines. Discovery due by 1/17/2014. Dispositive Motions due by 2/14/2014; opposition due 3/14/14; Reply due by 4/14/2014. Judge Jeffrey J. Helmick on 12/17/2013.(S,AL)
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| Filing 19 Motion for extension of time for 30 days to amend case managment order filed by Plaintiff Jason S Uselton. (Thompson, Andrew) Modified on 12/17/2013 to edit text (B,TM). |
| Filing 18 Amended Answer to #1 Complaint filed by CSX Transportation, Inc.. (S,AL) |
| Filing 17 Marginal Entry Order granting defendant's Motion for leave to file an amended answer. (Related Doc #16 ). Judge Jeffrey J. Helmick on 12/10/2013.(S,AL) |
| Filing 16 Motion for leave to file Amended Answer Instanter filed by Defendant CSX Transportation, Inc.. (Attachments: #1 Pleading Amended Answer of Defendant CSX Transportation, Inc.)(Lewis, John) Modified on 12/6/2013 (B,TM). |
| Minutes of proceedings[non-document] before Judge Jeffrey J. Helmick.Telephone Conference held on 11/4/13 Time: 10 min. (SG,D) |
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Filing 15
Order of Telephone Conference held on 10/28/13. Follow up Telephone Conference set for 11/4/2013 at 02:00 PM before Judge Jeffrey J. Helmick. The Court will initiate the call. Judge Jeffrey J. Helmick on 10/29/13. Time: 15 min(SG,D)
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| Notice [Non Document] of Telephone Conference set for 10/28/2013 at 02:00 PM before Judge Jeffrey J. Helmick. The Court will initiate the phone call. (S,AL) |
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Filing 14
Order : Uselton shall provide to CSX an original signed release form for his Employee Assistance Program records and verify his discovery responses pursuant to Rule 33(b)(5), as well as provide CSX with supplemental responses to CSX's written interrogatories or show good cause why he is unable to provide supplemental responses at this time, on or before 10/11/2013. Uselton also shall consent, on or before 10/11/13, to a mutually agreeable date, time, and location so that he may be deposed by counsel for CSX. Counsel for both parties shall contact chambers to confirm Uselton's compliance with these conditions. The deadlines for discovery, dispositive motions, and disclosure of expert reports, as well as the dates for the final pretrial conference and trial as set forth in the Case Management Order, (Doc. No. 8), are vacated. The fact discovery deadline is reset for 12/16/2013. The dispositive motion deadline is reset for 1/15/2014; opposition due 2/17/2014; reply due 3/17/2014. Uselton's expert disclosure report is due 7/1/2014, and CSX's expert disclosure report is due 8/1/2014. The dates for the final pretrial conference and trial will be reset following the completion of briefing on dispositive motions, if any. #12 Judge Jeffrey J. Helmick on 10/2/2013.(S,AL)
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| Filing 13 Response to #12 Motion for extension of Fact Discovery Cut-Off until November 13, 2013 filed by CSX Transportation, Inc.. (Attachments: #1 Exhibit Plaintiff's Responses to Defendant's First Set of Interrogatories and Request for Production of Documents)(Lewis, John) |
| Filing 12 Motion for extension of Fact Discovery Cut-Off until November 13, 2013 filed by Plaintiff Jason S Uselton. (Thompson, Andrew) Modified on 8/29/2013 to edit text (B,TM). |
| Notice [non-document]: Upon confirmation of counsel, the telephone status conference scheduled for Monday, 8/26/2013 at 2:00 pm has been vacated. Related document(s) #8 . (SG,D) |
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Filing 11
Order of Telephone Conference held on 8/1/13. Ordered that Plaintiff shall comply with Defendant's pending discovery requests, or show good cause why he has not and is not immediately able to respond to those requests, no later than August 30, 2013. If Plaintiff fails to comply or show good cause, his case will be dismissed. Judge Jeffrey J. Helmick on 8/2/13. Time: 15 min(SG,D)
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| Notice [Non Document] of Telephone Conference set for 8/1/2013 at 03:00 PM before Judge Jeffrey J. Helmick. (S,AL) |
| Filing 10 Amended Trial Order: Counsel shall submit joint proposed jury instructions, trial briefs as well as any motions in limine or other evidentiary objections to the Court by 4/29/14. Final pretrial conference 5/5/2014. Counsel shall file their signed factual stipulations by 5/27/14. Trial, with voir dire to begin on June 10, 2014 at 10:00 a.m. Judge Jeffrey J. Helmick on 5/10/2013. (S,AL) |
| Filing 9 Trial Order: Counsel shall submit joint proposed jury instructions, trial briefs as well as any motions in limine or other evidentiary objections to the Court by 4/29/14. Final pretrial conference 5/5/2014. Counsel shall file their signed factual stipulations by 5/27/14. Trial, with voir dire to begin on June 10, 2014 at 10:00 a.m.. Judge Jeffrey J. Helmick on 5/6/2013. (S,AL) |
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Filing 8
Order of Case Management Conference held on 4/25/13. Case is assigned to the standard track. Discovery due by 9/13/2013. Parties to be Joined and Pleading Amendments due by 5/24/2013. Dispositive Motions due by 10/14/2013; Opposition due by 11/15/2013; Reply due by 12/16/2013. Final Settlement Conference set for 5/5/2014 at 01:30 PM in Chambers 210 before Judge Jeffrey J. Helmick. Voir Dire set for 6/10/2014 at 10:00 AM in Courtroom 204 before Judge Jeffrey J. Helmick with Jury Trial to commence immediately thereafter. Telephone Conference set for 8/26/2013 at 02:00 PM. Judge Jeffrey J. Helmick on 4/29/13. Time: 15 min(SG,D)
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| Filing 7 Report of Parties' Planning Meeting Pursuant to Fed. R. Civ. P. 26(f) and Local Rule 16.3(b)(3), parties do not consent to this case being assigned to the magistrate judge, filed by Jason S Uselton. (Thompson, Andrew) |
| Filing 6 Case Management Conference Scheduling Notice: case management conference to be held on 4/25/2013 at 10:30 AM at Chambers 210 before Judge Jeffrey J. Helmick. (S,AL) |
| Filing 5 Corporate Disclosure Statement identifying Corporate Parent CSX Corporation for CSX Transportation, Inc. filed by CSX Transportation, Inc.. (Lewis, John) |
| Filing 4 Answer to #1 Complaint, filed by CSX Transportation, Inc.. (Lewis, John) |
| Filing 3 Return of Service by Clerk by certified mail executed upon CSX Transportation, Inc. on 2/25/2013 (date very faint on green card), filed on behalf of Jason S Uselton. Related document(s) #1 , #2 . (B,TM) |
| Service by Clerk. Summons and Complaint addressed to CSX Transportation, Inc. placed in U.S. Mail. Type of service: certified mail. Receipt # 7008 0500 0001 2708 2473. (B,TM) |
| Filing 2 Original Summons and Magistrate Consent Form issued for service upon CSX Transportation, Inc.. (Attachments: #1 Magistrate Consent Form) (B,TM) |
| Filing 1 Complaint with jury demand against CSX Transportation, Inc.. Filing fee paid $ 350, Receipt number 0647-5837559. Filed by Jason S Uselton. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Thompson, Andrew) Modified on 2/15/2013 (L,V). |
| Judge Jeffrey J. Helmick assigned to case. (L,V) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Vernelis K. Armstrong. (L,V) |
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| Plaintiff: Jason S Uselton | |
| Represented By: | Andrew J. Thompson |
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| Defendant: CSX Transportation, Inc. | |
| Represented By: | John B. Lewis |
| Represented By: | Leah A. Williams |
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