Johnson v. CSX Transportation, Inc. et al
| Larakus M. Johnson |
| Progress Rail Services Corporation, Defendant ABC, Defendant DEF and CSX Transportation, Inc. |
| 1:2018cv00228 |
| January 16, 2018 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Fulton |
| Charles A Pannell |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 17, 2018. A more recent docket listing may be available from PACER.
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Filing 27
ORDER that Progress Rail Services Corporation's motion to join in CSX Transportation, Inc.'s motion to dismiss [Doc. #11 ] is GRANTED, and the plaintiff's motion to amend the complaint [Doc. No. #12 ] is DENIED. The defendants' motion to dismiss [Doc. No. #8 ] is GRANTED IN PART and DISMISSED IN PART. It is GRANTED as to the plaintiff's claims against Progress Rail Services Corporation. It is DISMISSED AS MOOT as to the plaintiff's claims against CSX Transportation, Inc. due to notice of settlement of the claims against CSX Transportation, Inc. filed by the plaintiff [Doc. No. #25 ]. The clerk is DIRECTED to administratively close this action. However, either the plaintiff or CSX Transportation, Inc. may re-open the case within sixty (60) days of the date of this order if settlement between those two parties is not consummated.. Signed by Judge Charles A. Pannell, Jr. on 8/17/2018. (tcc)
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| Civil Case Terminated. (tcc) |
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Filing 26
ORDER - For good cause shown, all discovery is hereby stayed in this matter until the Court issues final rulings on Plaintiff's Motion for Leave to Amend Complaint and Defendant Progress Rail Services Corporation's Motion to Dismiss. Should this case proceed following the Court's rulings, discovery will commence as of the date of the Court's final ruling disposing of these matters on a six-month discovery schedule. Discovery served prior to the date of Court's final ruling will be deemed to have been served as of the date of the Court's ruling. Signed by Judge Charles A. Pannell, Jr. on 8/14/2018. (tcc)
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| Filing 25 Joint MOTION for Clarification and, if Necessary, Stay of Discovery Pending Ruling by Progress Rail Services Corporation. (Attachments: #1 Text of Proposed Order Proposed Order)(Kappel, Brian) |
| Submission of #20 Order,to District Judge Charles A. Pannell Jr.. (tcc) |
| Filing 24 NOTICE of Settlement with Defendant CSX Transportation, Inc. by Larakus M. Johnson (McDonald, Kerry) |
| Filing 23 RESPONSE in Opposition re #12 MOTION to Amend Complaint (Supplemental) filed by Progress Rail Services Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kappel, Brian) |
| Filing 22 RESPONSE in Opposition re #12 MOTION to Amend Complaint (Supplemental) filed by CSX Transportation, Inc.. (Attachments: #1 Exhibit A)(Ghosh, Sanjay) |
| Filing 21 Second AMENDED COMPLAINT against All Defendants with Jury Demand filed by Larakus M. Johnson.(McDonald, Kerry) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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Filing 20
ORDER that the plaintiff is DIRECTED to file a new proposed amended complaint within twenty (20) days of the date of this order. Once filed, the defendants shall have ten (10) days to file a supplemental response in opposition to the plaintiff's motion for leave to amend the complaint [Doc. No. #12 ]. Signed by Judge Charles A. Pannell, Jr. on 5/25/2018. (tcc)
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| Submission of #12 MOTION to Amend Complaint, to District Judge Charles A. Pannell Jr.. (tcc) |
| Submission of #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #11 MOTION for Joinder in Defendant CSX Transportation, Inc.'s Motion to Dismiss, to District Judge Charles A. Pannell Jr.. (tcc) |
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Filing 19
SCHEDULING ORDER - The time limits for adding parties, amending pleadings, filing motions, completing discovery, and discussing settlement are stated in the completed Joint Preliminary Report and Discovery Plan [Doc. No. #15 ] except as herein modified: Daubert motions with regard to expert testimony shall be filed no later than 30 days after the close of discovery. This case will precede on a six (6) month discovery track. Signed by Judge Charles A. Pannell, Jr. on 4/30/2018. (tcc)
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| Filing 18 Certification of Consent to Substitution of Counsel. Sanjay Ghosh replacing attorney Matthew Brian Lerner. (Ghosh, Sanjay) |
| Filing 17 NOTICE of Appearance by Sanjay Ghosh on behalf of CSX Transportation, Inc. (Ghosh, Sanjay) |
| Filing 16 REPLY to Response to Motion re #12 MOTION to Amend Complaint, #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CSX Transportation, Inc.. (Lerner, Matthew) |
| Filing 15 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Progress Rail Services Corporation. (Kappel, Brian) |
| Filing 14 REPLY to Response to Motion re #12 MOTION to Amend Complaint and in Support of Motion to Dismiss filed by Progress Rail Services Corporation. (Kappel, Brian) |
| Filing 13 RESPONSE re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #11 MOTION for Joinder in Defendant CSX Transportation, Inc.'s Motion to Dismiss filed by Larakus M. Johnson. (McDonald, Kerry) |
| Filing 12 MOTION to Amend Complaint with Brief In Support by Larakus M. Johnson. (McDonald, Kerry) |
| Filing 11 MOTION for Joinder in Defendant CSX Transportation, Inc.'s Motion to Dismiss by Progress Rail Services Corporation. (Kappel, Brian) |
| Filing 10 Certificate of Interested Persons by Progress Rail Services Corporation. (Kappel, Brian) |
| Filing 9 ANSWER to #3 Amended Complaint by Progress Rail Services Corporation.(Kappel, Brian) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by CSX Transportation, Inc.. (Lerner, Matthew) |
| Filing 7 Certificate of Interested Persons and Corporate Disclosure Statement by CSX Transportation, Inc. identifying Corporate Parent CSX Corporation for CSX Transportation, Inc.. (Lerner, Matthew) |
| Filing 6 ANSWER to #3 Amended Complaint by CSX Transportation, Inc.. Discovery ends on 8/27/2018.(Lerner, Matthew) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 5 WAIVER OF SERVICE Returned Executed by Larakus M. Johnson. Progress Rail Services Corporation waiver mailed on 1/30/2018, answer due 4/2/2018. (McDonald, Kerry) |
| Filing 4 WAIVER OF SERVICE Returned Executed by Larakus M. Johnson. CSX Transportation, Inc. waiver mailed on 1/30/2018, answer due 4/2/2018. (McDonald, Kerry) |
| Filing 3 AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Larakus M. Johnson.(McDonald, Kerry) 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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Filing 2
ORDER that the plaintiff is given 20 days from the date of this order to amend her complaint to include allegations about the state of incorporation or the principal place of business of the corporate defendants. Failure to do so will result in this action being dismissed for lack of subject matter jurisdiction. Additionally, the court notes that the plaintiff has named two fictitious defendants in her complaint, denominated as Defendant ABC and Defendant DEF. A plaintiff generally may not proceed with a claim against an unknown defendant, and thus the claims against the ABC and DEF defendants are dismissed without prejudice. The clerk is DIRECTED to terminate defendants ABC and DEF from this case. Signed by Judge Charles A. Pannell, Jr on 1/24/2018. (tcc)
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| Filing 1 COMPLAINT with Jury Demand filed by Larakus M. Johnson. ( Filing fee $ 400 receipt number 113E-7623312.) (Attachments: #1 Civil Cover Sheet)(tcc) 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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