SUBER v. CSX TRANSPORTATION INC
| WILLIAM FRANKLIN SUBER |
| CSX TRANSPORTATION INC |
| 4:2015cv00200 |
| December 9, 2015 |
| US District Court for the Middle District of Georgia |
| Columbus Office |
| Taylor |
| CLAY D LAND |
| Labor: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 28, 2017. A more recent docket listing may be available from PACER.
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| Filing 77 NOTICE of Voluntary Dismissal by WILLIAM FRANKLIN SUBER (CALLIER, JEFFERSON) |
| Filing 76 REPLY to Response filed by CSX TRANSPORTATION INC re #70 MOTION for Summary Judgment (Attachments: #1 Exhibit Decision and Order in the James Case, #2 Exhibit Plaintiff's January 2014 Charge Letter, #3 Exhibit Plaintiff's July 2015 Charge Letter)(D'ANDREA, LINDSEY) |
| Filing 75 RESPONSE filed by WILLIAM FRANKLIN SUBER re #70 MOTION for Summary Judgment (Attachments: #1 Statement of Material Facts, #2 Exhibit 1 - Expert Report of Jimmy Scott)(CALLIER, JEFFERSON) |
| Filing 74 This is a text only entry; no document issued. ORDER granting #73 Motion - defendant's deadline to disclose rebuttal expert extended through and including June 24, 2017. Ordered by US DISTRICT JUDGE CLAY D LAND on 5/16/2017 (esl) |
| Filing 73 JOINT MOTION Modify the Scheduling Order re 66 Order on Motion for Miscellaneous Relief, by CSX TRANSPORTATION INC filed by LINDSEY D D'ANDREA.(D'ANDREA, LINDSEY) |
| Filing 72 REPLY to Response filed by WILLIAM FRANKLIN SUBER re #64 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 1-10-2-15 Order Denying Respondent's Motion to Dismiss)(CALLIER, JEFFERSON) |
| Filing 71 RESPONSE filed by CSX TRANSPORTATION INC re #64 MOTION for Partial Summary Judgment (Attachments: #1 Stmt of Material Facts Resp Response to Plaintiff's Statement of Material Facts, #2 Exhibit Dismissal from OSHA, #3 Exhibit Plaintif's Appeal to OALJ, #4 Exhibit James' Appeal to OALJ, #5 Exhibit OALJ Decision, #6 Exhibit Excerpts and Exhibits from Plaintiff's Deposition, #7 Exhibit Excerpts from Mr. James' Deposition, #8 Exhibit Operating Rule GR-55)(D'ANDREA, LINDSEY) |
| Filing 70 MOTION for Summary Judgment by CSX TRANSPORTATION INC filed by LINDSEY D D'ANDREA. (Attachments: #1 Memorandum in Support CSXT's Memo in Support, #2 Statement of Material Facts CSXT's Statement of Material Facts, #3 Exhibit Ex B (MSJ) - February 2014 OSHA Complaint, #4 Exhibit Ex C (MSJ) - April 2014 OSHA Amendment, #5 Exhibit Ex D (MSJ) - April 2014 Second OSHA Amendment, #6 Exhibit Ex E (MSJ) - January 2016 OSHA Complaint, #7 Exhibit Ex F (MSJ) OALJ Decision, #8 Exhibit Ex A (SMF) - Trial Tr. V. II, #9 Exhibit Ex B (SMF) - Trial Tr. V. III, #10 Exhibit Ex C (SMF) - Suber Dep. Day 1, #11 Exhibit Ex D (SMF) - Event Report, #12 Exhibit Ex E (SMF) - TO Report, #13 Exhibit Ex F (SMF) - ERAD Report, #14 Exhibit Ex G (SMF) - ERAD Chart, #15 Exhibit Ex H (SMF) - Operating Rules, #16 Exhibit Ex I (SMF) - Edelbroich Decl. 1, #17 Exhibit Ex J (SMF) - Worth Decl., #18 Exhibit Ex K (SMF) - Suber Dep. Day 2, #19 Exhibit Ex L (SMF) - Vierling Decl., #20 Exhibit Ex M (SMF) - Suber's LERB Petition, #21 Exhibit Ex Na (SMF) - Overspeed Examples, #22 Exhibit Ex Nb (SMF) - Overspeed Examples, #23 Exhibit Ex O (SMF) - Overspeed Examples, #24 Exhibit Ex P (SMF) - Suber Discipline Letter, #25 Exhibit Ex Q (SMF) - Ammons Decl., #26 Exhibit Ex R (SMF) - TO Reports, #27 Exhibit Ex S (SMF) - TO Reports, #28 Exhibit Ex T (SMF) - Gorneault Decl., #29 Exhibit Ex U (SMF) - Edelbroich Decl. 2, #30 Exhibit Ex V (SMF) - Allen Decl., #31 Exhibit Ex W (SMF) - Edgar Decl., #32 Exhibit Ex X (SMF) - Heligman Decl.)(D'ANDREA, LINDSEY) |
| Filing 69 NOTICE of Attorney Appearance by JAY CLIFFORD TRAYNHAM on behalf of CSX TRANSPORTATION INC Attorney JAY CLIFFORD TRAYNHAM added to party CSX TRANSPORTATION INC(pty:dft) (TRAYNHAM, JAY) |
| Filing 68 This is a text only entry; no document issued. ORDER granting in part and denying in part #67 Motion for Leave to File Excess Pages. Defendant seeks to exceed the Court's page limitation of 20 pages by an additional 15 pages. As clearly stated in the Court's Rule 16/26 Order, such requests should rarely be made "because they generally reflect a failure to focus upon the relevant issues in a concise and thoughtful manner." And therefore they will only be granted in exceptional cases. Defendant has not demonstrated any exceptionality. Nevertheless the Court does allow Defendant to file a brief not to exceed 30 pages. Ordered by US DISTRICT JUDGE CLAY D LAND on April 20, 2017 (CDL) |
| Filing 67 MOTION for Leave to File Excess Pages for Motion for Summary Judgment by CSX TRANSPORTATION INC filed by LINDSEY D D'ANDREA.(D'ANDREA, LINDSEY) |
| Filing 66 This is a text only entry; no document issued. ORDER granting #65 Motion to Modify Scheduling Order. CSXT will have until May 24, 2017, to disclose rebuttal expert. Ordered by US DISTRICT JUDGE CLAY D LAND on 4/19/2017 (esl) |
| Filing 65 SECOND CONSENT MOTION Modify the Scheduling Order re #60 Scheduling/Discovery Order by CSX TRANSPORTATION INC filed by LINDSEY D D'ANDREA.(D'ANDREA, LINDSEY) |
| Filing 64 MOTION for Partial Summary Judgment by WILLIAM FRANKLIN SUBER filed by JEFFERSON C CALLIER. (Attachments: #1 Memorandum in Support Plaintiff's Memorandum in Support of Plaintiff's Dispositive Motion for Partial Summary Judgment Regarding CSXT's Alleged Affirmative Defenses, #2 Exhibit McCulley v. Bank of AM, #3 Statement of Material Facts Plaintiff's Statement of Undisputed Material Facts)(CALLIER, JEFFERSON) |
| Filing 63 This is a text only entry; no document issued. ORDER granting #61 Motion to amend scheduling order; denying #62 Motion to Stay dispositive motion deadline or trial. The Court grants the parties' joint motion to extend the deadline for taking depositions. The new deadline shall be as requested in the parties joint motion. The Court does not extend the dispositive motion deadline, but the Court leaves open the possibility that the case may not be tried at the Court's September 2017 term. A decision will be made on a trial setting after the Court reviews the dispositive motions. Ordered by US DISTRICT JUDGE CLAY D LAND on April 2, 2017 (CDL) |
| Filing 62 MOTION to Stay Dispositive Motion Deadline and Anticipated Trial Date re #60 Scheduling/Discovery Order by CSX TRANSPORTATION INC filed by LINDSEY D D'ANDREA. (Attachments: #1 Exhibit Eleventh Circuit Scheduling Letter, #2 Exhibit James Trial Transcript Excerpt)(D'ANDREA, LINDSEY) |
| Filing 61 CONSENT MOTION Modify the Scheduling Order re #60 Scheduling/Discovery Order by CSX TRANSPORTATION INC filed by LINDSEY D D'ANDREA.(D'ANDREA, LINDSEY) |
| Filing 60 SCHEDULING/DISCOVERY ORDER:Discovery to be complete by 4/13/2017. Dispositive motions due by 4/27/2017. Ordered by US DISTRICT JUDGE CLAY D LAND on 2/13/2017. (esl) |
Filing 59
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by JOSEPH C DEVINE. (nop)
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| Filing 58 This is a text only entry; no document issued. ORDER finding as moot #55 Motion to Stay. The pretrial conference has been cancelled and the parties shall submit a jointly proposed scheduling order putting this case on track for the September 2017 trial term. Ordered by US DISTRICT JUDGE CLAY D LAND on 1/6/2017 (esl) |
| Filing 57 Minute Entry for proceedings held before US DISTRICT JUDGE CLAY D LAND: Telephone Conference held on 1/6/2017. Court Reporter: Betsy Peterson. (esl) |
| Filing 56 This is a text only entry; no document issued.ORDER After conference with counsel, the Court consolidates this action with case number 4:16cv371. Any future filings in the consolidated action shall be filed under case number 4:15cv200. Ordered by US DISTRICT JUDGE CLAY D LAND on January 6, 2017. (CDL) |
| NOTICE OF CANCELLATION OF Pretrial Conference on 1/26/2017 at 10:00 am, and all deadlines associated therewith. (esl) |
| NOTICE OF SETTING HEARING ON MOTION re #55 MOTION to Stay the January 26, 2017 Final Pre Trial Conference and Submission of the Parties' Pre Trial Materials. Motion Hearing set for 1/6/2017 11:00 AM in Columbus before US DISTRICT JUDGE CLAY D LAND. To connect to the call, dial 1-888-684-8852 and enter Participant Access Code: 8469390. At the prompt, enter Security Code: 010617(esl) |
| Filing 55 MOTION to Stay the January 26, 2017 Final Pre Trial Conference and Submission of the Parties' Pre Trial Materials by CSX TRANSPORTATION INC filed by LINDSEY D'ANDREA. (Attachments: #1 Exhibit PreTrial Transcript Excerpts)(D'ANDREA, LINDSEY) |
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Filing 54
ORDER SETTING PRETRIAL CONFERENCE - Pretrial Conference set for 1/26/2017 10:00 AM in Columbus before US DISTRICT JUDGE CLAY D LAND. Proposed Pretrial Order due by 1/19/2017. (Attachments: #1 Exhibit A - Order Form)(esl)
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| Filing 53 TRANSCRIPT of Proceedings held on 8/5/2016, before Judge Clay D. Land. Court Reporter/Transcriber Betsy Peterson. Volume Number: I OF I. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Peterson, Betsy) |
| Filing 52 PRETRIAL ORDER - Ordered by US DISTRICT JUDGE CLAY D LAND on 8/5/2016. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D)(esl) |
| Filing 51 Minute Entry for proceedings held before US DISTRICT JUDGE CLAY D LAND: Pretrial Conference held on 8/5/2016. (Court Reporter Betsy Peterson.) (esl) |
| Filing 50 NOTICE Notice of Defendant's Objections to Depositions by CSX TRANSPORTATION INC (D'ANDREA, LINDSEY) |
| Filing 49 NOTICE Plaintiffs' Objections to Defendant's Exhibits by WILLIAM FRANKLIN SUBER (CALLIER, JEFFERSON) |
| Filing 48 RESPONSE filed by CSX TRANSPORTATION INC re #32 MOTION in Limine regarding Alleged Contribution to the Overspeed Train (D'ANDREA, LINDSEY) |
| Filing 47 RESPONSE filed by CSX TRANSPORTATION INC re #33 MOTION in Limine regarding "Comparator" Employees (D'ANDREA, LINDSEY) |
| Filing 46 RESPONSE filed by CSX TRANSPORTATION INC re #31 MOTION to Take Deposition from Cindy Sanborn (Attachments: #1 Exhibit Declaration of Cynthia M. Sanborn)(D'ANDREA, LINDSEY) |
| Filing 45 MOTION to Consolidate Cases by CSX TRANSPORTATION INC filed by LINDSEY D'ANDREA.(D'ANDREA, LINDSEY) |
| Filing 44 MOTION in Limine regarding Federal Railroad Administration Certifications by CSX TRANSPORTATION INC filed by LINDSEY D'ANDREA. (Attachments: #1 Exhibit Plaintiff Suber's OSHA Complaint, #2 Exhibit OSHA's Decision, #3 Exhibit Suber's Appeal of OSHA's Decision)(D'ANDREA, LINDSEY) |
| Filing 43 MOTION in Limine regarding a Recorded Telephone Conversation with Division Manager Don Jones by CSX TRANSPORTATION INC filed by LINDSEY D'ANDREA. (Attachments: #1 Exhibit Portions of Plaintiff Suber's Deposition)(D'ANDREA, LINDSEY) |
| Filing 42 MOTION in Limine regarding Martin Hester and Jeffrey Wittig by CSX TRANSPORTATION INC filed by LINDSEY D'ANDREA.(D'ANDREA, LINDSEY) |
| Filing 41 MOTION in Limine regarding an April 2014 Trip Optimizer Usage and Incident Report by CSX TRANSPORTATION INC filed by LINDSEY D'ANDREA.(D'ANDREA, LINDSEY) |
| Filing 40 MOTION in Limine regarding the Cause or Impact of Trip Optimizer's Malfunction, or Subsequent Remedial Measures Regarding the Same by CSX TRANSPORTATION INC filed by LINDSEY D'ANDREA.(D'ANDREA, LINDSEY) |
| Filing 39 Proposed Jury Instructions/Requests to Charge by CSX TRANSPORTATION INC(D'ANDREA, LINDSEY) |
| Filing 38 Proposed Voir Dire Questions by CSX TRANSPORTATION INC(D'ANDREA, LINDSEY) |
| Filing 37 MOTION to Strike by CSX TRANSPORTATION INC filed by LINDSEY D'ANDREA.(D'ANDREA, LINDSEY) |
| Filing 36 MOTION to Bifurcate by CSX TRANSPORTATION INC filed by LINDSEY D'ANDREA.(D'ANDREA, LINDSEY) |
| Filing 35 Proposed Jury Instructions/Requests to Charge by WILLIAM FRANKLIN SUBER(CALLIER, JEFFERSON) |
| Filing 34 Proposed Voir Dire Questions by WILLIAM FRANKLIN SUBER(CALLIER, JEFFERSON) |
| Filing 33 MOTION in Limine regarding "Comparator" Employees by BRYAN NATHAN JAMES, WILLIAM FRANKLIN SUBER filed by JEFFERSON C CALLIER. (Attachments: #1 Exhibit 1-Chart of 25, #2 Exhibit 2-Eddelbroich Depo portions, #3 Exhibit 3-LERB, #4 Exhibit 4-Trip Optimizer Trouble Report, #5 Exhibit 5-Discipline Letters)Associated Cases: 4:15-cv-00200-CDL, 4:15-cv-00204-CDL(CALLIER, JEFFERSON) |
| Filing 32 MOTION in Limine regarding Alleged Contribution to the Overspeed Train by BRYAN NATHAN JAMES, WILLIAM FRANKLIN SUBER filed by JEFFERSON C CALLIER.Associated Cases: 4:15-cv-00200-CDL, 4:15-cv-00204-CDL(CALLIER, JEFFERSON) |
| Filing 31 MOTION to Take Deposition from Cindy Sanborn by BRYAN NATHAN JAMES, WILLIAM FRANKLIN SUBER filed by JEFFERSON C CALLIER. (Attachments: #1 Exhibit A-Emails, #2 Exhibit B-Order from Synovus Trust v. Honda case)Associated Cases: 4:15-cv-00200-CDL, 4:15-cv-00204-CDL(CALLIER, JEFFERSON) |
| Filing 30 Certificate of Need to File Discovery and Original Evidence by WILLIAM FRANKLIN SUBER. Related document: #28 MOTION for Reconsideration re #25 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment filed by CSX TRANSPORTATION INC, #23 MOTION for Summary Judgment filed by CSX TRANSPORTATION INC.(CALLIER, JEFFERSON) |
| Filing 29 RESPONSE filed by WILLIAM FRANKLIN SUBER re #28 MOTION for Reconsideration re #25 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, #23 MOTION for Summary Judgment (Attachments: #1 Exhibit 17-Deposition of Jacob Parker, #2 Exhibit 18-Emails re: Cindy Sanborn and the Suber/James T.O. malfunction, #3 Exhibit 19-Affidavit of John Conklin, #4 Exhibit 20-Affidavit of Jim C. Scott, #5 Exhibit 21-CSXT's Chart of 25 T.O. malfunctions at slow orders, #6 Exhibit 22-T.O. Trouble Report, 4-24-14, going 40 mph in a 25 mph slow order, #7 Exhibit 23-Martin Hester and Jeffrey Wittig charge letters, #8 Exhibit 24-Martin Hester and Jeffrey Wittig discipline letters, #9 Exhibit 25-Affidavits of Martin Hester and Jeffrey Wittig, #10 Exhibit 26-Excerpt, CSXT Trip Optimizer Training Video transcript, #11 Response to Statement of Material Facts Plaintiffs' Response to CSX Transportation Inc.'s Statement of Material Facts)(CALLIER, JEFFERSON) |
| Filing 28 MOTION for Reconsideration re #25 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment by CSX TRANSPORTATION INC filed by LINDSEY D'ANDREA.(D'ANDREA, LINDSEY) |
| Filing 27 NOTICE Plaintiffs' Notice of Intent to Introduce Depositions at Trial by WILLIAM FRANKLIN SUBER (CALLIER, JEFFERSON) |
| Notice of Deficiency; Document must be refiled and converted into text-searchable PDF - (related document(s): #24 Notice (Other) filed by WILLIAM FRANKLIN SUBER ). (tlp) |
| Filing 26 NOTICE Notice of Intent to Introduce Depositions at Trial by CSX TRANSPORTATION INC (D'ANDREA, LINDSEY) |
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Filing 25
ORDER denying #23 Motion for Summary Judgment; denying #16 Motion for Partial Summary Judgment. Ordered by US DISTRICT JUDGE CLAY D LAND on 7/22/2016 (esl)
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| Filing 24 NOTICE Plaintiffs' Notice of Intent to Introduce Depositions at Trial by WILLIAM FRANKLIN SUBER (CALLIER, JEFFERSON) |
| Filing 23 MOTION for Summary Judgment by CSX TRANSPORTATION INC filed by LINDSEY D'ANDREA. (Attachments: #1 Statement of Material Facts CSXT's Statement of Material Facts, #2 Exhibit Cited portions of and exhibits from Plaintiff James' Depositions, #3 Exhibit Cited portions of and exhibits from Plaintiff Suber's Deposition, #4 Exhibit Cited portions of and exhibits from February 20, 2014 Transcript, #5 Exhibit Cited portions of and exhibits from Joe Edelbroich's Deposition, #6 Exhibit Cited portions of Chris DuBois' Deposition, #7 Exhibit Declaration of Chris DuBois, #8 Exhibit Declaration of Donald Jones, #9 Exhibit Hearing Officer McMinn's Finding, #10 Exhibit Exhibit 8-26 from August 2015 Transcript, #11 Exhibit Secretary's December 2014 Findings, #12 Exhibit January 2015 Appeal, #13 Exhibit Judge Kane's October 2015 Decision)(D'ANDREA, LINDSEY) |
| Filing 22 REPLY to Response filed by WILLIAM FRANKLIN SUBER re #16 MOTION for Partial Summary Judgment (CALLIER, JEFFERSON) Modified on 7/7/2016 (esl). |
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Filing 21
ORDER for Pretrial Conference: Pretrial Conference set for 8/5/2016 10:30 AM in Columbus before US DISTRICT JUDGE CLAY D LAND. Proposed Pretrial Order due by 7/29/2016. Ordered by US DISTRICT JUDGE CLAY D LAND on 7/1/2016. (Attachments: #1 Exhibit A - Required form)(esl)
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| Filing 20 NOTICE Notice of Filing Discovery and Original Evidence by CSX TRANSPORTATION INC re #19 Response to Motion,,, (D'ANDREA, LINDSEY) |
| Filing 19 RESPONSE filed by CSX TRANSPORTATION INC re #16 MOTION for Partial Summary Judgment (Attachments: #1 Response to Statement of Material Facts CSXT's Response to Plaintiffs' Statement of Material Facts, #2 Statement of Material Facts CSXT's Statement of Additional Material Facts, #3 Exhibit Plaintiff Suber Depositoin Ex. 17, #4 Exhibit Joseph Edelbroich Deposition Ex. 3, #5 Exhibit Aug. 13, 2015 Transcript Ex. 8-26, #6 Exhibit Feb. 20, 2014 Hearing Transcript Exs., #7 Exhibit Aug. 13, 2015 Hearing Transcript, #8 Exhibit Plaintiff Suber Deposition Exs. 4-7, 9-12, #9 Exhibit Chris DuBois Declaration, #10 Exhibit Donald Jones Declaration, #11 Exhibit Hearing Officer McMinn's Notice of Findings)(D'ANDREA, LINDSEY) |
| Notice of clerk's granting of extension re: (16 in 4:15-cv-00204-CDL) MOTION for Partial Summary Judgment filed by BRYAN NATHAN JAMES, (15 in 4:15-cv-00200-CDL) MOTION for Partial Summary Judgment filed by WILLIAM FRANKLIN SUBER, (16 in 4:15-cv-00200-CDL) MOTION for Partial Summary Judgment filed by WILLIAM FRANKLIN SUBER (tlf). |
| Filing 18 Letter regarding Extension re #15 MOTION for Partial Summary Judgment (Siegel, David) |
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Filing 17
ORDER consolidating cases 4:15-cv-200 and 4:15-cv-204 for pretrial purposes pursuant to Federal Rule of Civil Procedure 42(a) and denying #10 motion to dismiss. Ordered by US DISTRICT JUDGE CLAY D LAND on June 1, 2016 (tlf). Modified on 6/1/2016 (tlf).
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| Filing 16 MOTION for Partial Summary Judgment by WILLIAM FRANKLIN SUBER filed by JEFFERSON C CALLIER. (Attachments: #1 Statement of Material Facts Plaintiff's Statement of Undisputed Material Facts, #2 Exhibit Exhibit 1, Suber Affidavit, 06-13-2015, #3 Exhibit Exhibit 2, James Affidavit, 09-14-2015, #4 Exhibit Exhibit 3 Notice Re Trip Optimizer, #5 Exhibit Exhibit 4, Brumfield to Edlebroich Email, 01-15-2014, #6 Exhibit Exhibit 5, Incident Report, 01-14-2014, #7 Exhibit Exhibit 6, Transcript of Don Jones, 01-20-2014, #8 Exhibit Exhibit 7, Suspension of James, 03-21-2014, #9 Exhibit Exhibit 8, Suspension of Suber, 03-21-2014, #10 Exhibit Exhibit 9, Locomotive Engineer Review Board Order, 05-11-2015, #11 Exhibit Public Law Board Order, 03-15-26, #12 Exhibit Exhibit 11, Dubois Dep., 08-24-2015, #13 Exhibit Exhibit 12, Edelbroich Dep., 08-25-2015, #14 Exhibit Exhibit 13, Ammons Dep., 09-21-2015, #15 Exhibit Exhibit 14, February 20, 2014 Transcript of CSXT Disciplinary Investigation, #16 Exhibit Exhibit 15, Suber Dep., 08-24-2015, #17 Exhibit James Dep., 08-25-2015, #18 Cetificate of Need To File Discovery and Original Evidence)(CALLIER, JEFFERSON) |
| Notice of Deficiency. PROMPT ATTENTION NEEDED. Document must be converted into text-searchable PDF - and refiled - (related document(s): #15 Motion for Partial Summary Judgment, filed by WILLIAM FRANKLIN SUBER ). (tlp) |
| Filing 15 PLEASE DISREGARD. MOTION REFILED. MOTION for Partial Summary Judgment by WILLIAM FRANKLIN SUBER filed by JEFFERSON C CALLIER. (Attachments: #1 Statement of Material Facts Plaintiff's Statement of Undisputed Material Facts, #2 Exhibit 1- Suber Affidavit 06-13-2015, #3 Exhibit 2-James Affidavit 09-14-2015, #4 Exhibit 3-Notice Re: Trip Optimizer, #5 Exhibit 4-Brumfield to Edelbroich Email 01-15-2014, #6 Exhibit 5-Incident Report, 01-14-2014, #7 Exhibit 6-Transcript of Don Jones 01-20-2014, #8 Exhibit 7-Suspension of James 03-21-2014, #9 Exhibit 8-Suspension of Suber 03-21-2014, #10 Exhibit 9-Locomotive Engineer Review Board Order 05-11-2015, #11 Exhibit 10-Public Law Board Order 03-15-2016, #12 Exhibit 11-Dubois Dep. 08-24-2015, #13 Exhibit 12-Edelbroich Dep. 09-21-2015, #14 Exhibit 13-Ammons Dep. 09-21-2015, #15 Exhibit 14-February 20, 2014 Transcript of CSXT Disciplinary Investigation, #16 Exhibit 15-Suber Dep. 8-24-2015, #17 Exhibit 16-James Dep. 8/24/2015, #18 Certificate of Need to File Discovery and Original Evidence)(CALLIER, JEFFERSON) Modified on 8/10/2016 (tlp). |
| Filing 14 REPLY to Response filed by CSX TRANSPORTATION INC re #10 MOTION to Dismiss for Lack of Jurisdiction (Siegel, David) |
| Filing 13 SCHEDULING/DISCOVERY ORDER:Discovery to be complete by 6/1/2016. Dispositive motions due by 7/15/2016. Ordered by US DISTRICT JUDGE CLAY D LAND on 3/15/2016. (esl) |
| Filing 12 Letter regarding Extension re #11 Response to Motion (Siegel, David) |
| Notice of Clerk's Granting of Extension re: #12 Letter, #10 MOTION to Dismiss for Lack of Jurisdiction filed by CSX TRANSPORTATION, INC. (tlf). |
| Proposed Scheduling/Discovery Order received and forwarded to Chambers (tlf). |
| Filing 11 RESPONSE filed by WILLIAM FRANKLIN SUBER re #10 MOTION to Dismiss for Lack of Jurisdiction (BROWN, DUSTIN) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction by CSX TRANSPORTATION INC filed by David Arthur Siegel. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit A-OSHA Complaint, #3 Exhibit B-OSHA Amended Complaint, #4 Exhibit C-OSHA Second Amended Complaint, #5 Exhibit D-OSHA Dismissal, #6 Exhibit E-Objection to OSHA Order, #7 Exhibit F-ALJ Decision, #8 Exhibit G-Appeal to ARB, #9 Exhibit H-ARB Order-Briefing Schedule, #10 Exhibit I-Suber's Notice of Intent, #11 Exhibit J-ARB Final Decision)(Siegel, David) |
| Filing 9 RULES 16/26 ORDER:Proposed Scheduling/Discovery order due by 3/14/2016. Corporate Disclosures due by 2/12/2016. Ordered by US DISTRICT JUDGE CLAY D LAND on 1/29/2016. (tlp) |
| Filing 8 This is a text only entry; no document issued. ORDER terminating as moot #4 Motion for Extension of Time to Answer as an Answer has been filed. Ordered by US DISTRICT JUDGE CLAY D LAND on 1/28/2016 (esl) |
| Attorney Admission Fee Met by JOSEPH C DEVINE, LINDSEY D'ANDREA. (nop) |
| Filing 7 ANSWER to #1 Complaint by CSX TRANSPORTATION INC.(Siegel, David) |
| Filing 6 Corporate Disclosure Statement by CSX TRANSPORTATION INC identifying Corporate Parent CSX CORPORATION INC for CSX TRANSPORTATION INC. (Siegel, David) |
| NOTICE TO COUNSEL JOSEPH C. DEVINE and LINDSEY D'ANDREA - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing may be scheduled (tlf). |
| Notice of Deficiency; Document must be re-filed to add corporate parents, subsidiary corporations and/or any publicly held corporation during the e-filing process that owns 10% or more of its stock to the case; Related document: #5 Corporate Disclosure Statement filed by CSX TRANSPORTATION, INC. During the docketing of the event, the following user message was displayed: "Corporate disclosures statement must be refiled with any corporate parents, subsidiary corporations, and/or any publicly held corporation that owns 10% or more of its stock added in CM/ECF during the filing of the document. Failure to add the corporate parents and/or any publicly held corporation identified in your corporate disclosure statement will result in a request to refile." (tlf). |
| Filing 5 Corporate Disclosure Statement by CSX TRANSPORTATION INC (Siegel, David) |
| Filing 4 MOTION for Extension of Time to File Answer re #1 Complaint by CSX TRANSPORTATION INC filed by David Arthur Siegel. (Attachments: #1 Text of Proposed Order Proposed Order)(Siegel, David) Modified on 1/25/2016 (tlf). |
| Filing 3 SUMMONS Returned Executed by WILLIAM FRANKLIN SUBER as to CSX TRANSPORTATION INC. (CALLIER, JEFFERSON) |
| Filing 2 Summons issued as to CSX TRANSPORTATION, INC. on 12/9/2015 (tlf). |
| Filing 1 COMPLAINT filed by WILLIAM FRANKLIN SUBER against CSX TRANSPORTATION, INC. Filing Fee $ 400.00, Receipt Number 113G-2224702 (Attachments: #1 Civil Cover Sheet)(tlf). |
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