Bankhead et al v. Norfolk Southern Railway Company Inc et al
Randal Childers, Stanley Dixon, Paula Cook, Chris Pugh, Crystal Crumpton, Melissa Brown, Rosyln Bankhead, Danny Bankhead, Clint Cook, Kernisha Clay, Doris Blanton, Charles Sanford, Deborah Coleman, Cheryl Tucker, Eric McQuirter, Jeremy Windham, Crea Howard, Alfred Hoskins, Jr, Diane Hubbard, Bobby Tucker, Larry Johnson, Deborah Lewis, Robert Nash, Jerimiah Howze, Keleka Mitchell, Marshall Speer, Antonio Howze, Justice Turner, Renae Shanklin, Brandi Softly, Staci Sudduth, Jessica Rivera, Ray Madison, De-Markus Tucker, Margaret Kimbrell, James Odom, Cherie Weiderholt, Stevie Johnson, Julie Duncan, Anquaneida Thomas, Jerry Hill, Ella Horton, Veronica Smith, Resasha Steward, Erica Davis, Melba Nash, Hosie Franks, Secunda Kidd, Jerome Howard, Delta, Sadie Dixon, Debra Reel, Anton Tucker, James Smith, Jr, Shaneeka Evans, Estelle Jackson, Kim Smith, Willie Mae Banks, Florine Lucas, Rachel Softly, Lilly Madison, Robert Duncan, Clayton Shanklin, Gary Dixon, George Horton, Clinton Cook, Quinton Jackon, Thomas Softly, Belinda Walker, Paula Odom, Patricia Cook White, Barbara Sherer, Albert Lewis, Carrington Steward, Traci Hubbert, Sr and Debra Davis |
Big Sky Environmental LLC, Norfolk Southern Corporation, Norfolk Southern Railway Company Inc and Big Sky Hauling LLC |
6:2020cv00690 |
May 15, 2020 |
US District Court for the Northern District of Alabama |
Gray M Borden |
L Scott Coogler |
P.I.: Other |
28 U.S.C. § 1441 |
Plaintiff |
Docket Report
This docket was last retrieved on August 4, 2020. A more recent docket listing may be available from PACER.
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Filing 22 REPLY Brief filed by Defendants Norfolk Southern Corporation, Norfolk Southern Railway Company Inc re: #5 MOTION to Dismiss or, in the Alternative, to Stay Action for Referral to the Surface Transportation Board filed by Norfolk Southern Corporation, Norfolk Southern Railway Company Inc. (Maughan, Diane) |
Filing 21 ORDER As more thoroughly stated within, Big Sky is hereby ORDERED to file a brief explaining how the amount in controversy exceeds $75,000 by 5:00 PM on Wednesday, July 22, 2020. If Plaintiffs contend that the amount in controversy does not exceed $75,000, Plaintiffs shall have until 5:00 PM on Friday, July 31, 2020, to file a response. Accordingly, due to this Court's jurisdictional concerns, the motion #17 is hereby GRANTED. Signed by Judge L Scott Coogler on 7/8/2020. (PSM) |
Filing 20 TEXT ORDER granting #19 Motion for Extension of Time to File Response/Reply. Norfolk Southern's reply is due by 5:00 PM CDT on 7/14/2020. Signed by Judge L. Scott Coogler on 7/1/2020. (LAS2) |
Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply Brief on Motion to Dismiss by Norfolk Southern Corporation, Norfolk Southern Railway Company Inc. (Maughan, Diane) |
Filing 18 RESPONSE in Opposition re #5 MOTION to Dismiss or, in the Alternative, to Stay Action for Referral to the Surface Transportation Board filed by Danny Bankhead, Rosyln Bankhead, Willie Mae Banks, Doris Blanton, Melissa Brown, Randal Childers, Kernisha Clay, Deborah Coleman, Clint Cook, Clinton Cook, Paula Cook, Crystal Crumpton, Debra Davis, Erica Davis, Delta, Gary Dixon, Sadie Dixon, Stanley Dixon, Julie Duncan, Robert Duncan, Shaneeka Evans, Hosie Franks, Jerry Hill, Ella Horton, George Horton, Alfred Hoskins, Jr, Crea Howard, Jerome Howard, Antonio Howze, Jerimiah Howze, Diane Hubbard, Traci Hubbert, Sr, Quinton Jackon, Estelle Jackson, Larry Johnson, Stevie Johnson, Secunda Kidd, Margaret Kimbrell, Albert Lewis, Deborah Lewis, Florine Lucas, Lilly Madison, Ray Madison, Eric McQuirter, Keleka Mitchell, Melba Nash, Robert Nash, James Odom, Paula Odom, Chris Pugh, Debra Reel, Jessica Rivera, Charles Sanford, Clayton Shanklin, Renae Shanklin, Barbara Sherer, James Smith, Jr, Kim Smith, Veronica Smith, Brandi Softly, Rachel Softly, Thomas Softly, Marshall Speer, Carrington Steward, Resasha Steward, Staci Sudduth, Anquaneida Thomas, Anton Tucker, Bobby Tucker, Cheryl Tucker, De-Markus Tucker, Justice Turner, Belinda Walker, Cherie Weiderholt, Patricia Cook White, Jeremy Windham. (Carmichael, Thomas) |
Filing 17 Unopposed MOTION for Extension of Time for Rule 26 Meeting and Report by Norfolk Southern Corporation, Norfolk Southern Railway Company Inc. (Maughan, Diane) |
Filing 16 UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS - with appendices attached. Signed by Judge L Scott Coogler on 6/19/2020. (PSM) |
Filing 15 TEXT ORDER the Telephone Status Conference scheduled for Monday, 6/22/2020 at 03:15 PM before Magistrate Judge Gray M Borden is CANCELLED. Signed by Magistrate Judge Gray M Borden on June 18, 2020. (ASL) |
Filing 14 NOTICE OF REASSIGNMENT: The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, this case is reassigned to Judge L Scott Coogler. Magistrate Judge Gray M Borden no longer assigned to the case. (KAM) |
Filing 13 TEXT ORDER Telephone Status Conference scheduled for 6/17/2020 is RESET for Monday, 6/22/2020 at 03:15 PM before Magistrate Judge Gray M Borden. The parties are directed to dial 866-390-1828 and use access code 9262283 to participate. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge Gray M Borden on June 16, 2020. (ASL) |
Filing 12 TEXT ORDER regarding #5 Motion to Dismiss, or in the Alternative, to Stay Action for Referral to the Surface Transportation Board filed by Norfolk Southern Railway Company, Inc. and Norfolk Southern Corporation. Plaintiffs shall file a response to the motion on or before 6/30/2020, and Norfolk Southern Railway Company, Inc. and Norfolk Southern Corporation shall file a reply on or before 7/7/2020. Signed by Magistrate Judge Gray M Borden on 6/16/2020. (KMAW) |
Set Deadlines as to #5 MOTION to Dismiss or, in the Alternative, to Stay Action for Referral to the Surface Transportation Board. Responses due by 6/30/2020 Replies due by 7/7/2020. (KAM) |
Filing 11 NOTICE to remind parties of consent conference scheduled at 11:30 AM on Wednesday, June 17, 2020; if all parties submit an executed consent form, either consenting or declining magistrate judge jurisdiction, the conference will be canceled (ASL) |
Filing 10 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 July 6, 2020. In the absence of consent by all parties, the Clerk is DIRECTED to reassign the case to a randomly drawn district judge without further order after July 6, 2020. A telephone status conference is SET for 11:30 AM on June 17, 2020. The parties are DIRECTED to dial 866-390-1828 no less than five minutes before the status conference begins. The access code is 9262283. Signed by Magistrate Judge Gray M Borden on 5/22/2020. (KEK) |
Filing 9 Corporate Disclosure Statement by Big Sky Hauling LLC. filed by Big Sky Hauling LLC (Penfield, Matthew) |
Filing 8 Corporate Disclosure Statement by Big Sky Environmental LLC. filed by Big Sky Environmental LLC (Penfield, Matthew) |
Filing 7 ANSWER to Complaint by Big Sky Environmental LLC, Big Sky Hauling LLC.(Penfield, Matthew) |
Filing 6 Brief re #5 MOTION to Dismiss or, in the Alternative, to Stay Action for Referral to the Surface Transportation Board filed by Norfolk Southern Corporation, Norfolk Southern Railway Company Inc. (Maughan, Diane) |
Filing 5 MOTION to Dismiss or, in the Alternative, to Stay Action for Referral to the Surface Transportation Board by Norfolk Southern Corporation, Norfolk Southern Railway Company Inc. (Maughan, Diane) |
Filing 4 NOTICE REGARDING CONSENT to magistrate judge jurisdiction (MRR, ) |
Filing Fee: Filing fee $ 400, receipt_number 1126-3592350 (B4601106012). related document #1 NOTICE OF REMOVAL from Circuit Court of Walker County, case number 2020-11., filed by Norfolk Southern Corporation, Norfolk Southern Railway Company Inc. (Attachments: # 1 Exhibit 1 Part A, # 2 Exhibit 1 Part B, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(MRR, ). (Maughan, Diane) Modified on 5/18/2020 (MRR, ). |
Filing 3 Corporate Disclosure Statement by Norfolk Southern Corporation, Norfolk Southern Railway Company Inc. filed by Norfolk Southern Corporation, Norfolk Southern Railway Company Inc (Maughan, Diane) |
Filing 2 CERTIFICATE by Diane B Maughan on behalf of Norfolk Southern Corporation, Norfolk Southern Railway Company Inc (Attachments: #1 Exhibit, #2 Exhibit)(Maughan, Diane) Modified text on 5/18/2020 (MRR, ). |
Filing 1 NOTICE OF REMOVAL from Circuit Court of Walker County, case number 2020-11., filed by Norfolk Southern Corporation, Norfolk Southern Railway Company Inc. (Attachments: #1 Exhibit 1 Part A, #2 Exhibit 1 Part B, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(MRR, ) |
COMPLAINT against All Defendants, filed by Rosyln Bankhead et al.-Deemed filed 4/14/20, Circuit Court of Marion County 49-cv-2020-900036(MRR, ) |
ORDER- Motion for Change of Venue/Transfer- GRANTED. Signed by Circuit Judge Talmage Lee Carter on 4/21/20. -Deemed filed 4/21/20, Circuit Court of Marion County 49-cv-2020-900036(MRR, ) |
MOTION to Transfer to Walker County by Rosyln Bankhead et al.-Deemed filed 4/20/20, Circuit Court of Marion County 49-cv-2020-900036 (MRR, ) |
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