Wilkins v. Norfolk Southern Railway Company et al
| Tommy L Wilkins, Jr |
| Tommy Wynne, Rennie Wilson, Norfolk Southern Railway Company, Jordan Murphy, Jessica Kappel, Jamie Williams and Todd Reynolds |
| 2:2019cv02022 |
| December 13, 2019 |
| US District Court for the Northern District of Alabama |
| Staci G Cornelius |
| Madeline Hughes Haikala |
| Labor: Other |
| 49 U.S.C. § 20109 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 27 NOTICE by Tommy L Wilkins, Jr of Gregory Wiggins' Receipt and Review of Initial Order (Wiggins, Gregory) |
| Filing 26 NOTICE by Tommy L Wilkins, Jr WCT Notice Receipt/Review Initial Order (Tucker, William) |
Filing 25
TEXT ORDER: Mr. Wilkins has filed a response stating he does not object to the defendant's Rule 12(b)(1) motion to dismiss the claims against Jordan Murphy, Jessica Kappel, and Tommy Wynne. (Doc. #23 ). Mr. Wilkins also seeks to voluntarily dismiss the claims against Todd Reynolds, Jamie Williams, and Rennie Wilson. (Doc. #23 , p. 2). The Court dismisses without prejudice the claims against all of the individual defendants. Norfolk Southern Railway Company is the only remaining defendant. The Court cancels the oral argument set for 4:00 p.m. on January 22, 2019 and asks the Clerk to please term Docs. #9 , #10 , #11 , and #16 . Signed by Judge Madeline Hughes Haikala on 1/22/2020. (KEK)
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| Filing 24 NOTICE by Norfolk Southern Railway Company OF RECEIPT AND REVIEW OF INITIAL ORDER (Frazier, Sydney) |
| Filing 23 RESPONSE to Motion re #16 MOTION to Dismiss (Rule 12(b)(1) filed by Tommy L Wilkins, Jr. (Tucker, William) |
| Filing 22 NOTICE by Tommy L Wilkins, Jr re #20 Uniform Initial Order (Newsome, Paisley) |
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Filing 21
TEXT ORDER: The defendants have filed motions to quash service of summons as to Todd Reynolds (Doc. #9 ), Jamie Williams (Doc. #10 ), and Rennie Wilson (Doc. #11 ), and a motion to dismiss as to the remaining individual defendants for lack of subject matter jurisdiction (Doc. #16 ). The Court sets this matter for oral argument on these motions on Wednesday, January 22, 2020 at 4:00 p.m. in Courtroom 6A Hugo Black United States Courthouse, 1729 5th Ave. N, Birmingham, AL 35203. Signed by Judge Madeline Hughes Haikala on 1/16/2020. (JLC)
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Filing 20
INITIAL ORDER. Signed by Judge Madeline Hughes Haikala on 1/15/2020. (KEK)
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| Filing 19 Notice of Reassignment- Because the parties have not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Madeline Hughes Haikala. Please use case number 2:19-cv-2022-MHH on all subsequent pleadings. Magistrate Judge Staci G Cornelius no longer assigned to the case. The status conference set for January 23, 2020 is CANCELLED. (MRR, ) |
| Filing 18 Evidentiary Material re: #16 MOTION to Dismiss (Rule 12(b)(1) . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Frazier, Sydney) |
| Filing 17 Brief re #16 MOTION to Dismiss (Rule 12(b)(1) . (Frazier, Sydney) |
| Filing 16 MOTION to Dismiss (Rule 12(b)(1) by Jessica Kappel, Jordan Murphy, Tommy Wynne. (Frazier, Sydney) |
| Filing 15 NOTICE of Appearance by Gregory O Wiggins on behalf of Tommy L Wilkins, Jr (Wiggins, Gregory) |
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Filing 14
TEXT ORDER: Defendants Todd Reynolds, Jamie Williams, and Rennie Wilson have filed motions to quash service or, alternatively, dismiss the claims against them based on improper service. (Docs. 9-11). The plaintiff is ORDERED to file a response to the motions within fourteen (14) calendar days from the entry date of this order. The moving defendants shall file any reply within seven (7) calendar days thereafter. Signed by Magistrate Judge Staci G Cornelius on 1/9/20. (MRR, )
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Filing 13
ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than February 6, 2020. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after February 6, 2020. A telephone status conference is hereby SET for 10:00 a.m. on January 23, 2020. The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge Staci G Cornelius on 1/9/20. (MRR, )
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| Filing 12 ANSWER to #1 Complaint by Jessica Kappel, Jordan Murphy, Norfolk Southern Railway Company, Tommy Wynne.(Frazier, Sydney) |
| Filing 11 MOTION to Quash Service of Summons and Complaint or Dismiss the Same on the Basis of Improper Service by Rennie Wilson. (Attachments: #1 Exhibit A)(McGivaren, Crawford) |
| Filing 10 MOTION to Quash Service of Summons and Complaint or Dismiss the Same on the Basis of Improper Service by Jamie Williams. (Attachments: #1 Exhibit A)(McGivaren, Crawford) |
| Filing 9 MOTION to Quash Service of Summons and Complaint or Dismiss the Same on the Basis of Improper Service by Todd Reynolds. (Attachments: #1 Exhibit A)(McGivaren, Crawford) |
| Filing 8 SUMMONS Returned Executed Norfolk Southern Railway Company served on 12/18/2019, answer due 1/8/2020. (MRR, ) |
| Filing 7 SUMMONS Returned Executed Rennie Wilson served on 12/15/2019, answer due 1/5/2020. (MRR, ) |
| Filing 6 SUMMONS Returned Executed Jamie Williams served on 12/18/2019, answer due 1/8/2020. (MRR, ) |
| Filing 5 SUMMONS Returned Executed Todd Reynolds served on 12/18/2019, answer due 1/8/2020. (MRR, ) |
| Filing 4 Summons Issued as to Jessica Kappel, Jordan Murphy, Norfolk Southern Railway Company, Todd Reynolds, Jamie Williams, Rennie Wilson, Tommy Wynne. Sent via certified mail. (KEK) |
| Filing 3 NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, ) |
| Filing 2 Request for service by certified mail filed by Tommy L Wilkins, Jr. (MRR, ) |
| Filing 1 COMPLAINT against All Defendants, filed by Tommy L Wilkins, Jr.(MRR, ) |
| Filing Fee: Filing fee $ 400, receipt_number 1126-3496374 (B4601102713). related document #1 COMPLAINT against All Defendants, filed by Tommy L Wilkins, Jr.(MRR, ). (Tucker, William) Modified on 12/13/2019 (MRR, ). |
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