Norfolk Southern Railway Company v. GT USA Wilmington, LLC
| Norfolk Southern Railway Company |
| GT USA Wilmington, LLC and Chiquita Fresh North America, LLC |
| 1:2021cv00370 |
| March 12, 2021 |
| US District Court for the District of Delaware |
| Mark A Kearney |
| Maryellen Noreika |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. § 1331 Fed. Question: Interstate Commerce Act |
| None |
Docket Report
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This docket was last retrieved on July 11, 2022. A more recent docket listing may be available from PACER.
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| Filing 32 Joint STATUS REPORT by Norfolk Southern Railway Company. (Ferry, Brian) |
ORAL ORDER terminating Deadlines and Hearings: Having reviewed the parties' joint status report, IT IS HEREBY ORDERED that all deadlines in this case are TERMINATED. IT IS FURTHER ORDERED that, if a dismissal is not filed by 10/21/2022, the parties shall file a further joint status report. ORDERED by Judge Maryellen Noreika on 7/11/2022. (dlw)
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Filing 31
ORAL ORDER re #30 Status Report - IT IS HEREBY ORDERED that, within thirty (30) days after mediation, the parties shall submit a further joint status report. ORDERED by Judge Maryellen Noreika on 5/20/2022. (dlw)
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| Filing 30 Joint STATUS REPORT by Norfolk Southern Railway Company. (Ferry, Brian) |
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Filing 29
ORAL ORDER - Having reviewed the docket in this case and noting that there has been no activity since October 2021, IT IS HEREBY ORDERED that, on or before 5/16/2022, the parties shall submit a joint status report. ORDERED by Judge Maryellen Noreika on 5/9/2022. (dlw)
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| Filing 28 NOTICE OF SERVICE of GT USA Wilmington, LLC's First Set of Request for Production of Documents and GT USA Wilmington, LLC's First Set of Interrogatories filed by GT USA Wilmington, LLC.(O'Neill, Brian) |
| Filing 27 NOTICE OF SERVICE of Reseponses to Plaintiff's Requests for Admission, Responses to Plaintiff's Interrogatories, and Responses to Plaintiff's Requests for Production filed by GT USA Wilmington, LLC.(O'Neill, Brian) |
| CORRECTING ENTRY: D.I. 27 has been deleted from the docket at the request of counsel. (dlw) |
| Filing 26 NOTICE OF SERVICE of Plaintiff Norfolk Southern Railway Company's Initial Disclosures filed by Norfolk Southern Railway Company.(Ferry, Brian) Modified on 7/20/2021 (dlw). |
| Filing 25 NOTICE OF SERVICE of Plaintiff Norfolk Southern Railway Company's First Set of Requests for the Production of Documents, First Set of Interrogatories, and First Set of Requests for Admissions filed by Norfolk Southern Railway Company.(Ferry, Brian) Modified on 7/20/2021 (dlw). |
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Filing 24
ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 7/8/2021. (dlb)
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| Filing 23 NOTICE OF SERVICE of Initial Disclosures by GT USA Wilmington, LLC (O'Neill, Brian) Modified on 7/6/2021 (dlw). |
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Filing 22
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 8/7/2021. Amended Pleadings due by 8/7/2021. Fact Discovery completed by 3/15/2022. Opening Expert Reports due by 4/15/2022. Rebuttal Expert Reports due by 6/1/2022. Reply Expert Reports due by 7/1/2022. Expert Discovery due by 8/1/2022. A Pretrial Conference is set for 11/14/2022 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 3-day Bench Trial is set for 11/21/2022 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 6/28/2021. (dlw)
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| CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel) |
| Filing 21 PROPOSED ORDER // Scheduling Order by Norfolk Southern Railway Company. (dlw) |
| Filing 20 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Norfolk Southern Corporation for Norfolk Southern Railway Company filed by Norfolk Southern Railway Company. (dlw) |
| CORRECTING ENTRY: D.I. 20 has been deleted from the docket and re-docketed using the proper event codes. (dlw) |
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Filing 19
ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms (last updated 4/2021)). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 5/25/2021. (dlw)
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| Case Reassigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 18 NOTICE of Voluntary Dismissal by GT USA Wilmington, LLC as to the Third-Party Complaint against Third-Party Defendant, Chiquita Fresh North America, LLC (O'Neill, Brian) |
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Filing 17
ORDER: DESIGNATION OF DISTRICT JUDGE FOR SERVICE IN ANOTHER DISTRICT WITHIN THE CIRCUIT, designating and assigning the Honorable Mark A. Kearney of the United States District Court for the Eastern District of Pennsylvania. Signed by Judge D. Brooks Smith on 5/10/2021. (rjb)
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| Case Reassigned to Judge Mark A. Kearney of the United States District Court for the Eastern District of Pennsylvania. Please include the initials of the Judge (MAK) after the case number on all documents filed. (rjb) |
| Filing 16 AFFIDAVIT of Service for Complaint and Third Party Complaint served on Chiquita Fresh North America, LLC on 5/6/2021, filed by GT USA Wilmington, LLC. (O'Neill, Brian) |
| Filing 15 NOTICE of of Withdrawal of Attorneys Larry R. Wood, Jr. and Brandon W. McCune by GT USA Wilmington, LLC re #7 Notice of Appearance (McCune, Brandon) |
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SO ORDERED, re #14 MOTION for Pro Hac Vice Appearance of Attorney Daniel R Elliott filed by GT USA Wilmington, LLC. ORDERED by Judge Maryellen Noreika on 5/6/2021. (mdb)
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| Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Daniel R Elliott - filed by GT USA Wilmington, LLC. (O'Neill, Brian) |
| Filing 13 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by GT USA Wilmington, LLC. (O'Neill, Brian) |
| Filing 12 THIRD PARTY COMPLAINT against Chiquita Fresh North America, LLC- filed by GT USA Wilmington, LLC. (Attachments: #1 Civil Cover Sheet)(O'Neill, Brian) Modified on 5/5/2021 (mdb). |
| Filing 11 ANSWER and Affirmative Defenses to #1 Complaint by GT USA Wilmington, LLC.(O'Neill, Brian) Modified on 5/5/2021 (mdb). |
| Filing 10 NOTICE of Appearance by Brian E. O'Neill on behalf of GT USA Wilmington, LLC (O'Neill, Brian) |
| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey D. Cohen - filed by Norfolk Southern Railway Company. (Ferry, Brian) |
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SO ORDERED re #9 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey D. Cohen filed by Norfolk Southern Railway Company. ORDERED by Judge Maryellen Noreika on 4/8/2021. (dlw)
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| Filing 8 STIPULATION TO EXTEND TIME to Answer, Move, or Otherwise Respond to the Complaint to May 5, 2021 - filed by GT USA Wilmington, LLC. (Wood, Larry) |
| Filing 7 NOTICE of Appearance by Larry R. Wood, Jr on behalf of GT USA Wilmington, LLC (Wood, Larry) |
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SO ORDERED re #8 STIPULATION TO EXTEND TIME to Answer, Move, or Otherwise Respond to the Complaint to May 5, 2021 (Set/Reset Answer Deadlines: GT USA Wilmington, LLC answer due 5/5/2021). ORDERED by Judge Maryellen Noreika on 4/1/2021. (dlw)
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| Pro Hac Vice Attorneys Matthew J. Haskins and Eric C. Palombo for Norfolk Southern Railway Company added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Eric C. Palombo - filed by Norfolk Southern Railway Company. (Ferry, Brian) |
| Filing 5 MOTION for Pro Hac Vice Appearance of Attorney Matthew J. Haskins - filed by Norfolk Southern Railway Company. (Ferry, Brian) |
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SO ORDERED re #6 MOTION for Pro Hac Vice Appearance of Attorney Eric C. Palombo, #5 MOTION for Pro Hac Vice Appearance of Attorney Matthew J. Haskins filed by Norfolk Southern Railway Company. ORDERED by Judge Maryellen Noreika on 3/19/2021. (dlw)
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| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 4 AFFIDAVIT of Service for Affidavit of Service served on Curt Sweltz of Corporate Creations Network, Inc. on 03/15/2021, filed by Norfolk Southern Railway Company. (Ferry, Brian) |
| Filing 3 Summonses Issued (please complete the top portion of the form and print out for use/service). (amf) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf) |
| Filing 1 COMPLAINT filed against GT USA Wilmington, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3569927.) - filed by Norfolk Southern Railway Company. (Attachments: #1 Civil Cover Sheet)(amf) |
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