East Palestine Train Derailment
| HAROLD R. FEEZLE, On Behalf of Themselves and All Others Similarly Situated, ROSEMARY MOZUCH, On Behalf of Themselves and All Others Similarly Situated, MARILYN FIGLEY, On Behalf of Themselves and All Others Similarly Situated, DAVID J. SCHEUFELE, On Behalf of Themselves and All Others Similarly Situated, EDWARD E. BARNHOUSE, On Behalf of Themselves and All Others Similarly Situated, ERIE INSURANCE EXCHANGE, LAURA MANN, CHARLES MOZUCH, On Behalf of Themselves and All Others Similarly Situated, AMERICAN FAMILY INSURANCE COMPANY, HOMESITE INSURANCE COMPANY OF THE MIDWEST, ROLLERENA AUTO SALES, LLC, On Behalf of Themselves and All Others Similarly Situated, JON LUKE AFFELTRANGER, On Behalf of Themselves and All Others Similarly Situated, SUSAN E. SCHEUFELE, On Behalf of Themselves and All Others Similarly Situated and ERIE INSURANCE COMPANY |
| NORFOLK SOUTHERN RAILWAY COMPANY and NORFOLK SOUTHERN CORPORATION |
| In re: EAST PALESTINE TRAIN DERAILMENT |
| TAMARA FREEZE, SHARON LYNCH, CARLY TUNNO and ZSUZSA TROYAN |
| 24-3880 |
| October 10, 2024 |
| U.S. Court of Appeals, Sixth Circuit |
| P.I.: Other |
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| Filing 30 BRIEFING LETTER SENT setting briefing schedule: appellant brief due 12/09/2024; appellee brief due 01/08/2025. (REO) [Entered: 10/30/2024 11:30 AM] |
| Filing 29 TRANSCRIPT ORDER filed - transcript is unnecessary for appeal purposes. Filed by Mr. David M. Graham for Tamara Freeze, Sharon Lynch, Zsuzsa Troyan and Carly Tunno. Certificate of Service: 10/29/2024. [24-3880] (DMG) [Entered: 10/29/2024 04:40 PM] |
| Filing 28 NOTICE: The initial transcript order has not been completed. If not completed by 10/28/2024 further action will be taken. (REO) [Entered: 10/25/2024 02:02 PM] |
| Filing 27 APPEARANCE filed for Appellees Norfolk Southern Corporation and Norfolk Southern Railway Company by Albinas Prizgintas. Certificate of Service: 10/24/2024. [24-3880] (AP) [Entered: 10/24/2024 10:50 AM] |
| Filing 26 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. David M. Graham for Appellants Tamara Freeze, Sharon Lynch, Zsuzsa Troyan and Carly Tunno. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? Yes ; Case Name: In RE: East Palestine Train Derailment , Citation: 24-3852 ; Was this case mediated through the court's program: No. ; Parties Against Whom this Appeal is Being Taken: Mr. Jon Luke Affeltranger, Edward E. Barnhouse, Mr. Harold R. Feezle, Ms. Marilyn Figley, Ms. Laura Mann, Mr. Charles Mozuch, Rosemary Mozuch, Norfolk Southern Corporation, Norfolk Southern Railway Company, Rollerena Auto Sales, LLC, Mr. David J. Scheufele and Ms. Susan E. Scheufele ; Issues:. Certificate of Service: 10/23/2024. [24-3880] (DMG) [Entered: 10/23/2024 02:01 PM] |
| Filing 25 ***LOCKED - see corrected statement RE #26*** CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. David M. Graham for Appellants Tamara Freeze, Sharon Lynch, Zsuzsa Troyan and Carly Tunno. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? Yes ; Case Name: In RE: East Palestine Train Derailment , Citation: 24-3852 ; Was this case mediated through the court's program: No. ; Parties Against Whom this Appeal is Being Taken: Mr. Jon Luke Affeltranger, American Family Insurance Company, Edward E. Barnhouse, Erie Insurance Company, Erie Insurance Exchange, Mr. Harold R. Feezle, Ms. Marilyn Figley, Homesite Insurance Company of the Midwest, Ms. Laura Mann, Mr. Charles Mozuch, Rosemary Mozuch, Norfolk Southern Corporation, Norfolk Southern Railway Company, Rollerena Auto Sales, LLC, Mr. David J. Scheufele and Ms. Susan E. Scheufele ; Issues: Issue I. Did the district court err in approving the class notice, which failed to satisfy the requirements of F.R.Civ.P. 23(c)(2)(B) and thus fell short of satisfying due process requirements and failed to provide best practicable notice that is reasonably calculated under the circumstances, to apprise the Class Members sufficiently of their rights and options? Issue II. Did the district court abuse its discretion in approving Final Settlement of this Class Action, where a high level of participation by class members was produced by false or misleading information as to the measurable levels and toxicity of pollutants affecting class members' health and properties, with Class Counsel affirmatively representing that these hazards are minimal, while also affirmatively preventing class members from reviewing the reports of experts retained by Class Counsel . Certificate of Service: 10/23/2024. [24-3880]--[Edited 10/24/2024 by REO] (DMG) [Entered: 10/23/2024 12:45 PM] |
| Filing 24 APPEARANCE filed for Appellees Mr. Harold R. Feezle, Ms. Susan E. Scheufele, Mr. David J. Scheufele, Rollerena Auto Sales, LLC, Rosemary Mozuch, Mr. Charles Mozuch and Mr. Jon Luke Affeltranger by Adam J. Gomez. Certificate of Service: 10/23/2024. [24-3880] (AJG) [Entered: 10/23/2024 12:34 PM] |
| Filing 23 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: David Graham ; Tamara Freeze, Sharon Lynch, Zsuzsa Troyan and Carly Tunno makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? NO. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? NO. Certificate of Service: 10/23/2024. [24-3880] (DMG) [Entered: 10/23/2024 12:30 PM] |
| Filing 22 APPEARANCE filed for Appellees Mr. Harold R. Feezle, Ms. Susan E. Scheufele, Mr. David J. Scheufele, Rollerena Auto Sales, LLC, Rosemary Mozuch, Mr. Charles Mozuch and Mr. Jon Luke Affeltranger by M. Elizabeth Graham. Certificate of Service: 10/23/2024. [24-3880] (EG) [Entered: 10/23/2024 12:29 PM] |
| Filing 21 APPEARANCE filed for Appellants Tamara Freeze, Sharon Lynch, Zsuzsa Troyan and Carly Tunno by David Graham. Certificate of Service: 10/23/2024. [24-3880] (DMG) [Entered: 10/23/2024 12:26 PM] |
| Filing 20 APPEARANCE filed for Appellees Mr. Harold R. Feezle, Ms. Susan E. Scheufele, Mr. David J. Scheufele, Rollerena Auto Sales, LLC, Rosemary Mozuch, Mr. Charles Mozuch and Mr. Jon Luke Affeltranger by David C. Harman. Certificate of Service: 10/23/2024. [24-3880] (DCH) [Entered: 10/23/2024 09:55 AM] |
| Filing 19 ***LOCKED - must be refiled using the correct PACER account*** APPEARANCE filed for Appellees Mr. Harold R. Feezle, Ms. Susan E. Scheufele, Mr. David J. Scheufele, Rollerena Auto Sales, LLC, Rosemary Mozuch, Mr. Charles Mozuch and Mr. Jon Luke Affeltranger by David C. Harman. Certificate of Service: 10/23/2024. [24-3880]--[Edited 10/23/2024 by REO] (SAK) [Entered: 10/23/2024 09:37 AM] |
| Filing 18 LOCKED ** DUPLICATE FILING ** SEE FORM AT #17 ** APPEARANCE filed for Appellees Norfolk Southern Railway Company and Norfolk Southern Corporation by Albinas Prizgintas. Certificate of Service: 10/22/2024. [24-3880]--[Edited 10/22/2024 by GSA] (AP) [Entered: 10/22/2024 02:14 PM] |
| Filing 17 APPEARANCE filed for Appellees Norfolk Southern Corporation and Norfolk Southern Railway Company by Albinas Prizgintas. Certificate of Service: 10/22/2024. [24-3880] (AP) [Entered: 10/22/2024 01:23 PM] |
| Filing 16 APPEARANCE filed for Appellees American Family Insurance Company, Erie Insurance Company, Erie Insurance Exchange and Homesite Insurance Company of the Midwest by David M. Matejczyk. Certificate of Service: 10/21/2024. [24-3880] (DMM) [Entered: 10/21/2024 04:05 PM] |
| Filing 15 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: David M. Matejczyk ; Erie Insurance Exchange makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? Yes. Erie Insurance Exchange is a subscriber/owner reciprocal insurer of a publicly held business corporation, Erie Insurance Company. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 10/21/2024. [24-3880] (DMM) [Entered: 10/21/2024 03:38 PM] |
| Filing 14 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: David M. Matejczyk ; Erie Insurance Company makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? Yes Erie Insurance Company is a publicly held Pennsylvania corporation. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 10/21/2024. [24-3880] (DMM) [Entered: 10/21/2024 03:35 PM] |
| Filing 13 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: David M. Matejczyk ; Homesite Insurance Company of the Midwest makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 10/21/2024. [24-3880] (DMM) [Entered: 10/21/2024 03:33 PM] |
| Filing 12 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: David M. Matejczyk ; American Family Insurance Company makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? No 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 10/21/2024. [24-3880] (DMM) [Entered: 10/21/2024 03:31 PM] |
| Filing 11 ***DOCUMENT LOCKED- INCORRECT RELIEF USED- COUNSEL INSTRUCTED TO REFILE AS AN APPEARANCE *** NOTIFICATION filed by Mr. David M. Matejczyk for American Family Insurance Company, Erie Insurance Company, Erie Insurance Exchange and Homesite Insurance Company of the Midwest regarding Notice of Appearance. Certificate of Service: 10/21/2024. [24-3880]--[Edited 10/21/2024 by VLP] (DMM) [Entered: 10/21/2024 03:28 PM] |
| Filing 10 APPEARANCE filed for Appellees Mr. Harold R. Feezle, Ms. Susan E. Scheufele, Mr. David J. Scheufele, Rollerena Auto Sales, LLC, Rosemary Mozuch, Mr. Charles Mozuch and Mr. Jon Luke Affeltranger by Melanie S. Bailey. Certificate of Service: 10/16/2024. [24-3880] (MSB) [Entered: 10/16/2024 10:56 AM] |
| Filing 9 APPEARANCE filed for Appellees Mr. Harold R. Feezle, Ms. Susan E. Scheufele, Mr. David J. Scheufele, Rollerena Auto Sales, LLC, Rosemary Mozuch, Mr. Charles Mozuch and Mr. Jon Luke Affeltranger by Seth A. Katz. Certificate of Service: 10/16/2024. [24-3880] (SAK) [Entered: 10/16/2024 10:51 AM] |
| Filing 8 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Alan Schoenfeld ; Norfolk Southern Corporation makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? NO 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? NO Certificate of Service: 10/15/2024. [24-3880] (AES) [Entered: 10/15/2024 12:39 PM] |
| Filing 7 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Alan Schoenfeld ; Norfolk Southern Railway Company makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? YES Parent Corporation: Norfolk Southern Corporation. Affiliates: NS Fiber Optics, Inc.; Norfolk Southern Properties, Inc.; General American Insurance Company; and Thoroughbred Technology and Telecommunications, LLC. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? NO Certificate of Service: 10/15/2024. [24-3880] (AES) [Entered: 10/15/2024 12:36 PM] |
| Filing 6 APPEARANCE filed for Appellees Norfolk Southern Railway Company and Norfolk Southern Corporation by Alan Schoenfeld. Certificate of Service: 10/15/2024. [24-3880] (AES) [Entered: 10/15/2024 12:19 PM] |
| Filing 5 NOTIFICATION of PACER docket error for appearance form , [ # 3 ], filed by Mr. David M. Graham for Zsuzsa Troyan, Tamara Freeze, Sharon Lynch and Carly Tunno. Attorneys must use their personal PACER account to file any document and are not permitted to use their account to file on behalf of another attorney. Please refile using your own account within 24 hours. (JMK) [Entered: 10/15/2024 08:35 AM] |
| Filing 4 APPEARANCE filed for Appellees Mr. Harold R. Feezle, Ms. Susan E. Scheufele, Mr. David J. Scheufele, Rollerena Auto Sales, LLC, Rosemary Mozuch, Mr. Charles Mozuch and Mr. Jon Luke Affeltranger by Mark P. Chalos. Certificate of Service: 10/14/2024. [24-3880] (MPC) [Entered: 10/14/2024 05:25 PM] |
| Filing 3 ***LOCKED - see RE #5*** APPEARANCE filed for Appellants Zsuzsa Troyan, Tamara Freeze, Sharon Lynch and Carly Tunno by David M. Graham. Certificate of Service: 10/14/2024. [24-3880]--[Edited 10/18/2024 by REO] (CAH) [Entered: 10/14/2024 02:55 PM] |
| Filing 2 The case manager for this case is: Ryan Orme (REO) [Entered: 10/10/2024 11:29 AM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellants Tamara Freeze, Sharon Lynch, Zsuzsa Troyan and Carly Tunno. Transcript needed: y. (REO) [Entered: 10/10/2024 11:25 AM] |
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