JAMES v. CSX TRANSPORTATION INC
| BRYAN NATHAN JAMES |
| CSX TRANSPORTATION INC |
| 4:2015cv00204 |
| December 15, 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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| Notice of EXHIBIT Disposal re #54 Exhibit List, #53 Exhibit List. **PLEASE NOTE** The paper trial exhibits, all of which were either downloaded in CM/ECF or the Clerk's Electronic Evidence Vault, will be destroyed in 14 days unless the parties notify the clerks office otherwise. ONLY the paper will be destroyed. (esl) |
| Filing 85 USCA CLERK'S ENTRY OF DISMISSAL re #80 Notice of Appeal. (Attachments: #1 Cover Letter)(tlp) |
| Pursuant to F.R.A.P 11(c) the Clerk of the District Court for the Middle District of Georgia certifies that the record is complete for purposes of this appeal re: #80 Notice of Appeal. The entire record on appeal is available electronically (tlp) |
| Filing 84 This is a text only entry; no document issued. ORDER granting #79 Motion to Stay Enforcement of Judgment Pending Appeal and Waiver of appeal bond. Plaintiff has filed no objection to Defendant's motion and has not contested Defendant's position that an appeal bond is not necessary to reasonably assure the payment of the judgment should it be affirmed on appeal. Therefore, the Court grants Defendant's motion and waives any requirement that Defendant post an appeal bond. Enforcement of the judgment is accordingly stayed pending the appeal or until further order of this Court. Ordered by US DISTRICT JUDGE CLAY D LAND on April 2, 2017 (CDL) |
| Filing 83 TRANSCRIPT INFORMATION FORM by CSX TRANSPORTATION INC. re #80 Notice of Appeal NO TRANSCRIPTS ORDERED (D'ANDREA, LINDSEY) |
| Filing 82 USCA Case Number 17-11128-EE re #80 Notice of Appeal filed by CSX TRANSPORTATION INC. (tlp) |
| Filing 81 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: #17 Order, #19 Order on Motion for Partial Summary Judgment, #42 RE: Oral Order entered on 09/08/2016 Jury Trial, #50 RE: Oral Order entered on 09/09/2016 Jury Trial, #77 Judgment, Judgment on Attorney Fees, #78 Order on Motion for Judgment as a Matter of Law, #80 Notice of Appeal, Judge Appealed: Clay D Land. Court Reporter: Betsy Peterson. Fee Paid: Paid. (tlp) |
| Appeal Instructions re #80 Notice of Appeal. The Transcript Information Form and instructions are available on the District Court website under Forms & Guides. **PLEASE NOTE** Separate forms must be filed for each court reporter. Transcript Order Form due by 3/30/2017 (tlp) |
| Filing 80 NOTICE OF APPEAL as to #77 Judgment, Judgment on Attorney Fees, #78 Order on Motion for Judgment as a Matter of Law, #17 Order, by CSX TRANSPORTATION INC. Filing fee $ 505, Receipt No.: 113G-2552932. (D'ANDREA, LINDSEY) |
| Filing 79 MOTION to Stay Enforcement of the Amended Judgment by CSX TRANSPORTATION INC filed by LINDSEY D D'ANDREA.(D'ANDREA, LINDSEY) |
Filing 78
ORDER denying #62 Motion for Judgment as a Matter of Law. Ordered by US DISTRICT JUDGE CLAY D LAND on 2/2/2017 (tlp)
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| Filing 77 AMENDED JUDGMENT in favor of BRYAN NATHAN JAMES against CSX TRANSPORTATION INC, JUDGMENT on Attorney Fees. (tlp) |
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Filing 76
ORDER granting in part #52 Motion ; granting #58 Motion for Attorney Fees. Ordered by US DISTRICT JUDGE CLAY D LAND on 2/21/2017 (tlp)
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| Filing 75 REPLY to Response filed by CSX TRANSPORTATION INC re #62 MOTION for Judgment as a Matter of Law (Attachments: #1 Exhibit Excerpts from Volume II Trial Transcript, #2 Exhibit Excerpts from Volume III Trial Transcript, #3 Exhibit Excerpts from Volume IV Trial Transcript)(D'ANDREA, LINDSEY) |
| Filing 74 MOTION to Strike #69 Reply to Response to Motion by CSX TRANSPORTATION INC filed by LINDSEY D'ANDREA.(D'ANDREA, LINDSEY) |
| Filing 73 RESPONSE filed by BRYAN NATHAN JAMES re #62 MOTION for Judgment as a Matter of Law (CALLIER, JEFFERSON) |
| Filing 72 REPLY to Response filed by BRYAN NATHAN JAMES re #58 MOTION for Attorney Fees (CALLIER, JEFFERSON) |
| Filing 71 NOTICE OF CANCELLATION OF HEARING. Pursuant to Text Order 70, the motion hearing scheduled for 11/30/2016 at 9:30 AM is CANCELLED. (CCL) |
| Filing 70 This is a text only entry; no document issued. ORDER granting #68 Motion to Stay the November 30, 2016 hearing. In light of the Defendant's post trial motions, the Court does find that judicial economy will best be served by continuing the hearing scheduled for November 30, 2016. Accordingly, that hearing is canceled. The Court does find, however, that it may be prudent to decide all post trial motions in one order, so that one unified appeal will proceed to the Court of Appeals. Therefore, after all post trial motions are ripe, the Court may reschedule the previously canceled hearing if necessary and appropriate. Ordered by US DISTRICT JUDGE CLAY D LAND on November 11, 2016 (CDL) |
| Filing 69 REPLY to Response filed by BRYAN NATHAN JAMES re #52 MOTION Entry of Judgment (CALLIER, JEFFERSON) |
| Filing 68 MOTION to Stay the November 30, 2016 Hearing by CSX TRANSPORTATION INC filed by LINDSEY D'ANDREA.(D'ANDREA, LINDSEY) |
| Filing 67 TRANSCRIPT of Proceedings held on 9/9/2016, before Judge Clay D. Land. Court Reporter/Transcriber Betsy Peterson. Volume Number: IV of IV. 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 66 TRANSCRIPT of Proceedings held on 9/8/2016, before Judge Clay D. Land. Court Reporter/Transcriber Betsy Peterson. Volume Number: III of IV. 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 65 TRANSCRIPT of Proceedings held on 9/7/2016, before Judge Clay D. Land. Court Reporter/Transcriber Betsy Peterson. Volume Number: II of IV. 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 64 TRANSCRIPT of Proceedings held on 9/6/2016, before Judge Clay D. Land. Court Reporter/Transcriber Betsy Peterson. Volume Number: I of IV. 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 63 RESPONSE filed by CSX TRANSPORTATION INC re #58 MOTION for Attorney Fees (Attachments: #1 Exhibit Edelbroich Deposition Transcript, #2 Exhibit Hearing Transcript Excerpt, #3 Exhibit Suber Deposition Transcript, #4 Exhibit James Transcript Excerpt, #5 Exhibit Sanborn Transcript Excerpt, #6 Exhibit DuBois Transcript Excerpt, #7 Exhibit Ammons Transcript Excerpt, #8 Exhibit Other Witnesses Transcript Excerpts)(D'ANDREA, LINDSEY) |
| Filing 62 MOTION for Judgment as a Matter of Law by CSX TRANSPORTATION INC filed by LINDSEY D'ANDREA. (Attachments: #1 Memorandum in Support Memo in Support of Renewed Motion for Judgment as a Matter of Law and New Trial, #2 Exhibit Excerpts from Trial Transcript Volume I, #3 Exhibit Excerpts from Trial Transcript Volume II, #4 Exhibit Excerpts from Trial Transcript Volume III, #5 Exhibit Excerpts from Trial Transcript Volume IV)(D'ANDREA, LINDSEY) |
| Filing 61 BILL OF COSTS by BRYAN NATHAN JAMES (Attachments: #1 Exhibit 1 Verification of Bill of Costs, #2 Exhibit 2 Itemized Bill of Cost & Bills)(CALLIER, JEFFERSON) |
| Filing 60 This is a text only entry; no document issued. ORDER granting #59 Motion for Leave to File Excess Pages. Ordered by US DISTRICT JUDGE CLAY D LAND on 10/24/2016 (esl) |
| Filing 59 MOTION for Leave to File Excess Pages for CSXT's Renewed Motion for Judgment as a Matter of Law or, Alternatively, a New Trial by CSX TRANSPORTATION INC filed by LINDSEY D'ANDREA.(D'ANDREA, LINDSEY) |
| Filing 58 MOTION for Attorney Fees by BRYAN NATHAN JAMES filed by JEFFERSON C CALLIER. (Attachments: #1 Memorandum in Support Plaintiff's Brief in Support of Motion For Attorney Fees, #2 Exhibit 1 - Itemized Bill, #3 Exhibit 2- Hourly Rate, #4 Exhibit 3 - Certification of Reasonableness)(CALLIER, JEFFERSON) |
| Filing 57 JUDGMENT in favor of BRYAN NATHAN JAMES against CSX TRANSPORTATION INC (tlp) |
| Filing 56 This is a text only entry; no document issued.ORDER On September 12, 2016, the Court entered an order directing the Clerk to enter judgment in favor of Plaintiff and against Defendant (ECF No. 47). After being informed by Plaintiff's counsel that Plaintiff would be seeking the entry of judgment that included equitable relief, the Court by text only order directed the clerk to delay its entry of judgment in this case (Text order, 9/13/2016). Plaintiff subsequently filed his motion for entry of judgment on September 14, 2016. The Court finds that a hearing is necessary on that motion. But the Court also finds that further delay in the entry of a monetary judgment is not warranted. Accordingly, the Clerk is directed to enter judgment as specified in the Court's previous order dated September 12, 2016 (ECF No. 47). Plaintiff shall then file his motion for litigation expenses pursuant to the Court's local rules and other applicable law. The Court will hold a hearing on Plaintiff's request for equitable relief and litigation expenses, including attorney's fees, at 9:30 A.M. on November 30, 2016. The Court will amend the previous judgment if additional relief is provided. Ordered by US DISTRICT JUDGE CLAY D LAND on October 5, 2016. (CDL) |
| NOTICE OF SETTING HEARING ON MOTION re #52 MOTION Entry of Judgment: Pursuant to Text Order 56 , a Motion Hearing is set for 11/30/2016 09:30 AM in Columbus before US DISTRICT JUDGE CLAY D LAND. (esl) |
| Filing 55 RESPONSE filed by CSX TRANSPORTATION INC re #52 MOTION Entry of Judgment (Attachments: #1 Exhibit Excerpt from Trial Transcript, #2 Exhibit Plaintiff's Discovery Responses)(D'ANDREA, LINDSEY) |
| Filing 54 PHASE II TRIAL Exhibit List - (Attachments: #1 Exhibit P50, The following exhibits were proffered in Phase II, but excluded by the Court and NOT provided to the jury. #2 Exhibit D59, #3 Exhibit D70, #4 Exhibit D83, #5 Exhibit D116, #6 Exhibit P20, #7 Exhibit P21)(esl) |
| Filing 53 TRIAL Exhibit List AUDIO EXHIBIT P5 AVAILABLE IN VIRTUAL VAULT; (Attachments: #1 Exhibit D1-A, #2 Exhibit D1-B, #3 Exhibit D2, #4 Exhibit D3, #5 Exhibit D4, #6 Exhibit D5, #7 Exhibit D6, #8 Exhibit D7, #9 Exhibit D9, #10 Exhibit D10-23, #11 Exhibit D21, #12 Exhibit D27, #13 Exhibit D28, #14 Exhibit D29, #15 Exhibit D30, #16 Exhibit D32, #17 Exhibit D35, #18 Exhibit D40, #19 Exhibit D42, #20 Exhibit D43, #21 Exhibit P1, #22 Exhibit P4, #23 Exhibit P6, #24 Exhibit P8, #25 Exhibit P9-B, #26 Exhibit P9-D, #27 Exhibit P9-E, #28 Exhibit P11, #29 Exhibit P13, #30 Exhibit P15, #31 Exhibit P17)(esl) |
| Filing 52 MOTION Entry of Judgment by BRYAN NATHAN JAMES filed by JEFFERSON C CALLIER. (Attachments: #1 Exhibit 1 Plaintiff's Proposed Final Judgment, #2 Exhibit 2 Orders of Mull and Morris, #3 Exhibit 3 Notice to Employees and Fact Sheet)(CALLIER, JEFFERSON) |
| Filing 51 This is a text only entry; no document issued.ORDER. Counsel for Plaintiff has informed the Court by written correspondence, a copy of which was provided to Defendant's counsel, that Plaintiff requests that the final judgment include certain relief authorized by statute in addition to money damages. Plaintiff shall file a motion to enter such judgment including the requested relief and provide as an attachment to the motion a proposed final judgment. This motion shall be filed by September 15, 2016. Defendant shall respond to the motion within seven days of service of the motion. The Clerk shall delay the entry of final judgment until the Court has ruled on the motion. Ordered by US DISTRICT JUDGE CLAY D LAND on September 13, 2016. (CDL) |
| Filing 50 Minute Entry for proceedings held before US DISTRICT JUDGE CLAY D LAND: Jury Trial (Day 4 - Verdict) held on 9/9/2016. Court Reporter: Betsy Peterson. (esl) |
| Filing 49 PHASE II Jury Instructions(esl) |
| Filing 48 PHASE I Jury Instructions(esl) |
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Filing 47
ORDER re #43 PHASE I JURY VERDICT and #44 PHASE II JURY VERDICT. Ordered by US DISTRICT JUDGE CLAY D LAND on 9/12/2016. (esl)
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| Filing 46 Phase II Jury Verdict signature page (Un-redacted) - Related document: #44 PHASE II JURY VERDICT.(esl) |
| Filing 45 Phase I Jury Verdict signature page (Un-redacted) - Related document: #43 PHASE I JURY VERDICT.(esl) |
| Filing 44 PHASE II JURY VERDICT for BRYAN NATHAN JAMES(esl) |
| Filing 43 PHASE I JURY VERDICT for BRYAN NATHAN JAMES(esl) |
| Filing 42 Minute Entry for proceedings held before US DISTRICT JUDGE CLAY D LAND: Jury Trial (Day 3) held on 9/8/2016. Court Reporter: Betsy Peterson. (esl) |
| Filing 41 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 40 Minute Entry for proceedings held before US DISTRICT JUDGE CLAY D LAND: Jury Trial (Day 2) held on 9/7/2016. Court Reporter: Betsy Peterson. (esl) |
| Filing 39 Minute Entry for proceedings held before US DISTRICT JUDGE CLAY D LAND: Jury Trial (Day 1) held on 9/6/2016. Court Reporter: Betsy Peterson. (esl) |
| Filing 38 NOTICE Notice of Objections to Plaintiff's Supplemental Jury Instructions by CSX TRANSPORTATION INC (D'ANDREA, LINDSEY) |
| Filing 37 Proposed Jury Instructions/Requests to Charge by BRYAN NATHAN JAMES(CALLIER, JEFFERSON) |
| Filing 36 SUPPLEMENTAL NOTIFICATION OF AVAILABILITY OF JUROR QUESTIONNAIRES. In order to obtain access to the attached juror questionnaires, you must docket CERTIFICATION RE: JUROR QUESTIONNAIRES. To access this document after filing the Certification Re: Jury Questionnaires, enter the attorney's MDGA ECF Filing login, not the PACER login when prompted. (kms) |
| Counsel for CSX TRANSPORTATION INC hereby certifies that the juror information forms and the information obtained therefrom are privileged and shall be kept confidential and not shared with anyone other than his or her client or other members of his or her law firm or Federal Defender organization without written consent of the United States District Court. This information shall be used only for selecting the jury. Further, counsel certifies in accordance with U.S. District Court, Middle District of Georgia, Local Rule 48, that, immediately after trial, he or she will destroy all copies of completed juror information forms and any other documents containing information obtained from the completed form and shall not use juror information for any purpose(D'ANDREA, LINDSEY) |
| Counsel for CSX TRANSPORTATION INC hereby certifies that the juror information forms and the information obtained therefrom are privileged and shall be kept confidential and not shared with anyone other than his or her client or other members of his or her law firm or Federal Defender organization without written consent of the United States District Court. This information shall be used only for selecting the jury. Further, counsel certifies in accordance with U.S. District Court, Middle District of Georgia, Local Rule 48, that, immediately after trial, he or she will destroy all copies of completed juror information forms and any other documents containing information obtained from the completed form and shall not use juror information for any purpose(Siegel, David) |
| Counsel for BRYAN NATHAN JAMES hereby certifies that the juror information forms and the information obtained therefrom are privileged and shall be kept confidential and not shared with anyone other than his or her client or other members of his or her law firm or Federal Defender organization without written consent of the United States District Court. This information shall be used only for selecting the jury. Further, counsel certifies in accordance with U.S. District Court, Middle District of Georgia, Local Rule 48, that, immediately after trial, he or she will destroy all copies of completed juror information forms and any other documents containing information obtained from the completed form and shall not use juror information for any purpose(BROWN, DUSTIN) |
| Counsel for BRYAN NATHAN JAMES hereby certifies that the juror information forms and the information obtained therefrom are privileged and shall be kept confidential and not shared with anyone other than his or her client or other members of his or her law firm or Federal Defender organization without written consent of the United States District Court. This information shall be used only for selecting the jury. Further, counsel certifies in accordance with U.S. District Court, Middle District of Georgia, Local Rule 48, that, immediately after trial, he or she will destroy all copies of completed juror information forms and any other documents containing information obtained from the completed form and shall not use juror information for any purpose(CALLIER, JEFFERSON) |
| Filing 35 DEPOSITION of Francis P. Cokely taken on August 4, 2016 filed by BRYAN NATHAN JAMES. Related document: #29 Certificate of Need to File Discovery filed by BRYAN NATHAN JAMES, #24 Pretrial Order.(CALLIER, JEFFERSON) |
| Filing 34 DOCUMENT REFILED AS ECF#35 - DEPOSITION of Francis P. Cokely taken on August 4, 2016 filed by BRYAN NATHAN JAMES. Related document: #29 Certificate of Need to File Discovery filed by BRYAN NATHAN JAMES, #24 Pretrial Order. (Attachments: #1 Exhibit 1-Email to Dennis Merrill, #2 2-Email to Steve Ammons, #3 Exhibit 3-Email to Francis Cokely)(CALLIER, JEFFERSON) Modified on 9/2/2016 (tlp). |
| Filing 33 DEPOSITION of Cindy Sanborn taken on August 26, 2016 filed by BRYAN NATHAN JAMES. Related document: #29 Certificate of Need to File Discovery filed by BRYAN NATHAN JAMES, #24 Pretrial Order. (Attachments: #1 Exhibit 9 Email from Dennis Merrill, #2 Exhibit 9B Email from John Andy, #3 Exhibit 50 CSXT Financial Report)(CALLIER, JEFFERSON) |
| Filing 32 DEPOSITION of Bartlett Ford taken on September 18, 1015 filed by BRYAN NATHAN JAMES. Related document: #29 Certificate of Need to File Discovery filed by BRYAN NATHAN JAMES, #24 Pretrial Order. (Attachments: #1 Exhibit 1- Statement of Jacob Parker and Bo Ford)(CALLIER, JEFFERSON) |
| Filing 31 DEPOSITION of Robbie Clark taken on September 17, 2015 filed by BRYAN NATHAN JAMES. Related document: #29 Certificate of Need to File Discovery filed by BRYAN NATHAN JAMES, #24 Pretrial Order.(CALLIER, JEFFERSON) |
| Filing 30 DEPOSITION of Bill Castelberry taken on September 18, 2015 filed by BRYAN NATHAN JAMES. Related document: #29 Certificate of Need to File Discovery filed by BRYAN NATHAN JAMES, #24 Pretrial Order.(CALLIER, JEFFERSON) |
| Filing 29 Certificate of Need to File Discovery by BRYAN NATHAN JAMES. Related document: #24 Pretrial Order.(CALLIER, JEFFERSON) |
| Counsel for BRYAN NATHAN JAMES hereby certifies that the juror information forms and the information obtained therefrom are privileged and shall be kept confidential and not shared with anyone other than his or her client or other members of his or her law firm or Federal Defender organization without written consent of the United States District Court. This information shall be used only for selecting the jury. Further, counsel certifies in accordance with U.S. District Court, Middle District of Georgia, Local Rule 48, that, immediately after trial, he or she will destroy all copies of completed juror information forms and any other documents containing information obtained from the completed form and shall not use juror information for any purpose(CALLIER, JEFFERSON) |
| Counsel for CSX TRANSPORTATION INC hereby certifies that the juror information forms and the information obtained therefrom are privileged and shall be kept confidential and not shared with anyone other than his or her client or other members of his or her law firm or Federal Defender organization without written consent of the United States District Court. This information shall be used only for selecting the jury. Further, counsel certifies in accordance with U.S. District Court, Middle District of Georgia, Local Rule 48, that, immediately after trial, he or she will destroy all copies of completed juror information forms and any other documents containing information obtained from the completed form and shall not use juror information for any purpose(D'ANDREA, LINDSEY) |
| Filing 28 NOTICE of Correction as to attachment #8 of ECF#23 in case 4:15cv200 DECLARATION OF JONES, by CSX TRANSPORTATION INC (D'ANDREA, LINDSEY) Modified on 8/30/2016 (tlp). |
| Counsel for CSX TRANSPORTATION INC hereby certifies that the juror information forms and the information obtained therefrom are privileged and shall be kept confidential and not shared with anyone other than his or her client or other members of his or her law firm or Federal Defender organization without written consent of the United States District Court. This information shall be used only for selecting the jury. Further, counsel certifies in accordance with U.S. District Court, Middle District of Georgia, Local Rule 48, that, immediately after trial, he or she will destroy all copies of completed juror information forms and any other documents containing information obtained from the completed form and shall not use juror information for any purpose(Siegel, David) |
| Counsel for BRYAN NATHAN JAMES hereby certifies that the juror information forms and the information obtained therefrom are privileged and shall be kept confidential and not shared with anyone other than his or her client or other members of his or her law firm or Federal Defender organization without written consent of the United States District Court. This information shall be used only for selecting the jury. Further, counsel certifies in accordance with U.S. District Court, Middle District of Georgia, Local Rule 48, that, immediately after trial, he or she will destroy all copies of completed juror information forms and any other documents containing information obtained from the completed form and shall not use juror information for any purpose(BROWN, DUSTIN) |
| Filing 26 NOTICE Plaintiff's Supplemental Notice of Intent to Introduce Depositions at Trial by BRYAN NATHAN JAMES (BROWN, DUSTIN) |
| NOTICE OF SETTING COURTROOM TECHNOLOGY TRAINING SESSION - Counsel of record to meet with CRD Long at 2:00 PM, 8/31/2016, to test / review available courtroom technology prior to jury trial that will begin at 2:00 pm, September 6, 2016. (esl) Modified on 8/24/2016 (esl). |
| Filing 25 NOTICE of Compliance RE: Supplemental Exhibit List by CSX TRANSPORTATION INC (D'ANDREA, LINDSEY) Modified on 8/16/2016 (tlp). |
| Filing 24 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 23 Minute Entry for proceedings held before US DISTRICT JUDGE CLAY D LAND: Pretrial Conference held on 8/5/2016. (Court Reporter Betsy Peterson.) (esl) |
| NOTICE OF SETTING HEARING - Jury Trial set to begin 9/6/2016 02:00 PM, in Columbus before US DISTRICT JUDGE CLAY D LAND, and continue through the remainder of the week, 9/9/2016, beginning at 9:30 am daily. (esl) |
| Filing 22 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 21 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 20 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) |
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Filing 19
ORDER 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 18
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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| 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). |
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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 BRYAN NATHAN JAMES filed by JEFFERSON C CALLIER. (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Motion for Partial Summary Judgment on Liability, #2 Statement of Material Facts Plaintiff's Statement of Undisputed Material Facts, #3 Exhibit Exhibit 1, Suber Affidavit, 06-13-2015, #4 Exhibit Exhibit 2, James Affidavit, 09-14-2015, #5 Exhibit Exhibit 3, Notice Re Trip Optimzer, #6 Exhibit Exhibit 4, Brumfield to Edelbroich Email, 01-15-2014, #7 Exhibit Exhibit 5, Incident Report, 01-14-2014, #8 Exhibit Exhibit 6, Transcript of Don Jones, 01-20-2014, #9 Exhibit Exhibit 7, Suspension of James, 03-21-2014, #10 Exhibit Exhibit 8, Suspension of Suber, 03-21-2014, #11 Exhibit Exhibit 9, Dubois Dep., 08-24-2015, #12 Exhibit Exhibit 10, Edelbroich Dep., 09-21-2016, #13 Exhibit Exhibit 11, Ammons Dep., 09-21-2015, #14 Exhibit Exhibit 12, February 20, 2014 Transcript of CSXT Disciplinary Investigation, #15 Exhibit Exhibit 13, Suber Dep., 08-24-2015, #16 Exhibit James Dep., 08-25-2015, #17 Certificate of Need To File Discovery and Original Evidence)(CALLIER, JEFFERSON) |
| Filing 15 REPLY to Response filed by CSX TRANSPORTATION INC re #10 MOTION to Dismiss for Lack of Jurisdiction (Siegel, David) |
| Filing 14 Letter regarding Extension re #12 Response to Motion (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) |
| Notice of Clerk's granting of extension re: #14 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 12 RESPONSE filed by BRYAN NATHAN JAMES re #10 MOTION to Dismiss for Lack of Jurisdiction (BROWN, DUSTIN) |
| Notice of Deficiency; (related document(s): #11 Motion to Dismiss for Lack of Jurisdiction filed by CSX TRANSPORTATION INC ). Document was to be filed in case 4:15cv200. Document does not need to be refiled. (tlp) |
| Filing 11 PLEASE DISREGARD; DOCUMENT ERRONEOUSLY FILED. MOTION to Dismiss for Lack of Jurisdiction by CSX TRANSPORTATION INC filed by David Arthur Siegel. Modified on 2/16/2016 (tlp). |
| 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-James' 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 had 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 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) |
| Filing 3 SUMMONS Returned Executed by BRYAN NATHAN JAMES as to CSX TRANSPORTATION INC. (CALLIER, JEFFERSON) |
| Filing 2 Summons Issued as to CSX TRANSPORTATION INC on 12/15/2015. (tlp) |
| Filing 1 COMPLAINT filed by BRYAN NATHAN JAMES against CSX TRANSPORTATION INC Filing Fee $ 400, Receipt Number 113G-2229378. (Attachments: #1 Civil Cover Sheet)(tlp) |
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