Irving v. Norfolk Southern Railway Company
Plaintiff: Irving and Jonathan Irving
Defendant: Norfolk Southern Corporation and Norfolk Southern Railway Company
Case Number: 1:2017cv00938
Filed: March 14, 2017
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
County: Fulton
Presiding Judge: Alan J Baverman
Referring Judge: Amy Totenberg
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 42:12101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 18, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 18, 2018 Civil Case Dismissed without prejudice. Magistrate Judge Alan J. Baverman terminated from case. (sap)
April 18, 2018 Opinion or Order Filing 45 ORDER DISMISSING this action without prejudice to the right of any party, anytime within the next (30) days, to reopen this action or vacate this order of dismissal. Accordingly, the Defendant's #34 Motion to Enforce Settlement Agreement and the Plaintiff's #43 Motion to Withdraw as Attorney are DENIED AS MOOT. It is further ORDERED that the Court retains jurisdiction to vacate this order of dismissal and to reopen the action, if necessary. Signed by Judge Amy Totenberg on 4/18/2018. (sap)
April 13, 2018 Submission of #34 MOTION to Enforce Settlement Agreement to Magistrate Judge Alan J. Baverman. (jkl)
April 12, 2018 Filing 44 RESPONSE in Support re #34 MOTION to Enforce Settlement Agreement Defendant's Reply in Support of Its Motion to Enforce Settlement Agreement filed by Norfolk Southern Railway Company. (Barnum, Eric)
March 29, 2018 Filing 43 Amended MOTION to Withdraw James E. Radford and Caleb Gross as Attorney by Jonathan Irving. (Radford, James) Text Modified on 3/30/2018 (sap).
March 29, 2018 Filing 42 MOTION to Withdraw James E. Radford as Attorney by Jonathan Irving. (Attachments: #1 Notice to client of intent to withdraw)(Radford, James)
March 29, 2018 Filing 41 RESPONSE in Opposition re #34 MOTION to Enforce Settlement Agreement filed by Jonathan Irving. (Attachments: #1 Emails between counsel)(Radford, James)
March 29, 2018 Filing 40 NOTICE of Appearance by Eric Leroy Barnum on behalf of Norfolk Southern Corporation (Barnum, Eric)
March 27, 2018 Opinion or Order Filing 39 ORDER GRANTING the Defendant's #38 Motion to Substitute Attorney. Eric L. Barnum is hereby SUBSTITUTED as local counsel for Norfolk Southern Railway Company during Porsche D. Austin's Approved Leave of Absence. Signed by Magistrate Judge Alan J. Baverman on 3/27/2018. (sap)
March 27, 2018 Filing 38 MOTION to Substitute Attorney Porsche D. Austin for Eric L. Barnum by Norfolk Southern Railway Company. (Attachments: #1 Text of Proposed Order)(PDF also Docketed at #37 ) (sap)
March 27, 2018 Filing 37 Notice for Leave of Absence for the following date(s): March 28-May 8, 2018 by Porsche D. Austin. (Austin, Porsche)
March 26, 2018 Opinion or Order Filing 36 ORDER granting #35 Motion for Extension of Time re #34 MOTION to Enforce Settlement Agreement. Upon the parties' consent and for good cause shown, the motion for extension of time is GRANTED. The deadline for filing the response to the pending motion to enforce settlement agreement #34 is hereby extended through 3/29/18. Ordered by Magistrate Judge Alan J. Baverman on 3/26/18. (cap)
March 26, 2018 Filing 35 Consent MOTION for Extension of Time to Respond to Defendant's #34 MOTION to Enforce Settlement Agreement by Jonathan Irving. (Radford, James)
March 12, 2018 Filing 34 MOTION to Enforce Settlement Agreement by Norfolk Southern Railway Company. (Attachments: #1 Exhibit)(Austin, Porsche)
March 1, 2018 Opinion or Order Filing 33 ORDER SETTING a Telephonic Settlement Conference for 3/6/2018 at 02:00 PM before Magistrate Judge Catherine M. Salinas. The Plaintiff is DIRECTED to use his best efforts to secure the attendance on the call of a union representative with authority to speak on behalf of the union about Plaintiffs seniority. Signed by Magistrate Judge Catherine M. Salinas on 3/1/2018. (sap)
January 16, 2018 Opinion or Order Filing 32 ORDER ADMINISTRATIVELY STAYING this civil action until February 14, 2018. On or before that date, the parties shall inform the undersigned as to the progress of settlement negotiations. If the parties have not reached resolution of the matter by February 14, 2018, the parties shall have until May 15, 2018 to complete discovery. Deadlines for dispositive motions shall be adjusted to reflect the new closing date of discovery, in accordance with the Federal Rules of Civil Procedure. No further discovery extensions will be granted. Signed by Magistrate Judge Alan J. Baverman on 1/16/2018. (jtj)
January 12, 2018 Filing 31 Joint MOTION to Stay Proceedings and for Extension of Time to Complete Discovery by Jonathan Irving. (Attachments: #1 Text of Proposed Order)(Radford, James)
November 6, 2017 Opinion or Order Filing 30 ORDER REOPENING Discovery on November 13, 2017, and shall run through Monday, January 15, 2018, the first business day following the sixty-second day after reopening. Motions for summary judgment shall be filed no later than 30 days after the close of extended discovery. Signed by Magistrate Judge Alan J. Baverman on 11/06/2017. (jtj)
October 30, 2017 Magistrate Judge Catherine M. Salinas terminated. (jtj)
October 30, 2017 NOTICE: The parties have advised Magistrate Judge Catherine M. Salinas that they are unable to reach a settlement at this time. Accordingly, the Clerk is DIRECTED to terminate the reference to Judge Salinas and refer the case back to Magistrate Judge Baverman for pre-trial purposes. 10/30/2017. (CMS)
October 24, 2017 Filing 29 NOTICE that the mediation is continued through October 31, 2017. If no settlement is reported to the Court by November 1, 2017, the Clerk of Court is directed to terminate the reference to Magistrate Judge Catherine M. Salinas and submit the case back to Magistrate Judge Alan J. Baverman. (sal)
October 11, 2017 Filing 28 Minute Entry for proceedings held before Magistrate Judge Catherine M. Salinas: Settlement Conference held on 10/11/2017. Mediation held. The parties were not able to reach an agreement today, but agreed to suspend the mediation to allow for further exploration of settlement possibilities. Follow-up call between Judge Salinas and the parties to take place on or before Friday, October 20. (jtj)
October 3, 2017 Opinion or Order Filing 27 ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM. Signed by Magistrate Judge Catherine M. Salinas on 10/03/2017. (jtj)
October 2, 2017 Clerks Notation re #26 Certificate of Interested Persons--Reviewed and approved by Magistrate Judge Alan J. Baverman on 10/2/17. (cap)
September 26, 2017 Filing 26 Amended Certificate of Interested Persons by Jonathan Irving. (Gross, William)
September 26, 2017 Filing 25 Certificate of Interested Persons by Jonathan Irving. (Radford, James)
September 25, 2017 Opinion or Order Filing 24 ORDER DIRECTING the Plaintiff to file his certificate of interested persons / corporate disclosure statement within 10 days of this Order. Failure to timely comply with this Order may result in sanctions, up to and including the striking of pleadings or dismissal of the action. The Clerk is DIRECTED to re-submit this Order to the undersigned for further consideration if Plaintiff fails to comply within the specified time. Signed by Magistrate Judge Alan J. Baverman on 9/25/2017. (jtj)
August 15, 2017 Opinion or Order Filing 23 ORDER scheduling mediation for 10/11/2017 at 09:30 AM in ATLA Courtroom 1810 before Magistrate Judge Catherine M. Salinas. Each party shall provide, to Judge Salinas only, a Confidential Mediation Statement by 12:00 p.m. on October 2, 2017, via email to Judge Salinass Courtroom Deputy. Signed by Magistrate Judge Catherine M. Salinas on 8/15/2017. (jtj)
July 25, 2017 CASE REFERRED to Magistrate Judge Catherine M. Salinas for mediation. (jtj)
July 25, 2017 Opinion or Order Filing 22 ORDER GRANTING #21 Motion to Refer Case to Mediation. The Clerk is DIRECTED to refer this action to Chief Magistrate Judge Linda T. Walker for assignment to a Magistrate Judge for the purpose of conducting the mediation. Within 7 DAYS of the conclusion of the mediation, the parties SHALL file a status report regarding the outcome of the mediation. Discovery and all pre-trial deadlines are hereby STAYED through the completion of the mediation. If the mediation is unsuccessful, the discovery stay SHALL automatically lift 14 DAYS after the date of the mediation session. Signed by Magistrate Judge Alan J. Baverman on 7/25/2017. (jtj)
July 24, 2017 Filing 21 Joint MOTION Motion to Refer Case to Mediation by Jonathan Irving. (Radford, James)
May 31, 2017 Opinion or Order Filing 20 ORDER GRANTING #19 Motion to Amend the Complaint. The complaint is hereby AMENDED to reflect that Norfolk Southern Railway Company is Plaintiff's employer and is the correct defendant in this action; Norfolk Southern Corporation is hereby DISMISSED as a defendant; and all references to Norfolk Southern Corporation in the complaint heretofore SHALL be construed to refer to Norfolk Southern Railway Company. The Clerk is DIRECTED to MODIFY the caption to this matter accordingly. Signed by Magistrate Judge Alan J. Baverman on 5/31/2017. (jtj)
May 30, 2017 Filing 19 Consent MOTION to Amend Complaint and Dismiss Defendant Norfolk Southern Corporation by Jonathan Irving. (Radford, James)
May 30, 2017 Filing 18 NOTICE of Appearance by William Caleb Gross on behalf of Jonathan Irving (Gross, William)
May 30, 2017 Filing 17 CERTIFICATE OF SERVICE Of Discovery Materials by Jonathan Irving.(Gross, William)
May 26, 2017 Filing 16 CERTIFICATE OF SERVICE First Request for Production of Documents to Plaintiff by Norfolk Southern Corporation.(Austin, Porsche)
May 26, 2017 Filing 15 CERTIFICATE OF SERVICE First Set of Interrogatories to Plaintiff by Norfolk Southern Corporation.(Austin, Porsche)
May 26, 2017 Filing 14 Initial Disclosures by Norfolk Southern Corporation.(Austin, Porsche)
May 26, 2017 Opinion or Order Notification of Docket Correction re #13 Scheduling Order Signed by Judge Alan J. Baverman . (bnw) Modified on 5/26/2017 to edit text(bnw).
May 26, 2017 Opinion or Order Filing 13 SCHEDULING ORDER: re: #12 Joint Preliminary Report and Discovery Plan. See Order for more details. Signed by Alan J. Baverman on 5/26/17. (bnw) Modified on 5/26/2017 to edit text(bnw).
May 26, 2017 Filing 12 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Norfolk Southern Corporation. (Austin, Porsche)
May 26, 2017 Filing 11 Initial Disclosures by Jonathan Irving.(Radford, James)
April 27, 2017 Clerks Notation re #10 Corporate Disclosure Statement--Reviewed and approved by Magistrate Judge Alan J. Baverman on 4/27/17. (cap)
April 26, 2017 Filing 10 Corporate Disclosure Statement by Norfolk Southern Corporation by Norfolk Southern Corporation.(Austin, Porsche)
April 26, 2017 Filing 9 ANSWER to #1 COMPLAINT by Norfolk Southern Corporation. Discovery ends on 9/25/2017.(Austin, Porsche) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
April 24, 2017 Clerks Certificate of Mailing to M. Scott McIntyre re #8 Order on Application for Admission PHV. (jkl)
April 21, 2017 Opinion or Order Filing 8 ORDER GRANTING M. Scott McIntyre's #4 Application for Admission Pro Hac Vice. Signed by Judge Amy Totenberg on 4/21/17. (jkl)
April 21, 2017 APPROVAL by Clerks Office re: #4 APPLICATION for Admission of M. Scott McIntyre Pro Hac Vice (Application fee $ 150, receipt number 113E-7064560). Attorney Michael Scott McIntyre added appearing on behalf of Norfolk Southern Corporation (cdg)
April 21, 2017 Filing 7 NOTICE of Change of Address for Porsche D. Austin, counsel for Norfolk Southern Corporation (Austin, Porsche)
April 4, 2017 Filing 6 Return of Service Executed by Jonathan Irving. Norfolk Southern Corporation served on 3/15/2017, answer due 4/26/2017. (Attachments: #1 Affidavit of Service)(Radford, James)
April 3, 2017 Opinion or Order Filing 5 ORDER granting Defendant's #3 Consent Motion for Extension of Time to and including April 26, 2017 to file a responsive pleading to Plaintiff's #1 Complaint. Signed by Magistrate Judge Alan J. Baverman on 4/3/2017. (dfb)
March 31, 2017 Filing 4 APPLICATION for Admission of M. Scott McIntyre Pro Hac Vice (Application fee $ 150, receipt number 113E-7064560)by Norfolk Southern Corporation. (Austin, Porsche)
March 31, 2017 Filing 3 MOTION for Extension of Time to File Answer by Norfolk Southern Corporation. (Attachments: #1 Text of Proposed Order)(Austin, Porsche)
March 14, 2017 Filing 2 Electronic Summons Issued as to Norfolk Southern Corporation. (eop)
March 14, 2017 Filing 1 COMPLAINT with Jury Demand, filed by Jonathan Irving; and Summon(s) issued. ( Filing fee $ 400.00 receipt number 113E-7026248.) (Attachments: #1 Ex -1 - EEOC Notice of Right to Sue, #2 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.

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Defendant: Norfolk Southern Corporation
Represented By: Michael Scott McIntyre
Represented By: Porsche D. Austin
Represented By: Eric Leroy Barnum
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Defendant: Norfolk Southern Railway Company
Represented By: Eric Leroy Barnum
Represented By: Porsche D. Austin
Represented By: Michael Scott McIntyre
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Plaintiff: Irving
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Plaintiff: Jonathan Irving
Represented By: James E. Radford
Represented By: William Caleb Gross
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