CSX Transportation, Inc. v. Progress Rail Services Corporation
| CSX Transportation, Inc. |
| Progress Rail Services Corporation |
| 1:2019cv01410 |
| March 28, 2019 |
| US District Court for the Northern District of Georgia |
| Charles A Pannell |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 2, 2020. A more recent docket listing may be available from PACER.
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| Filing 52 Clerk's Entry of Dismissal APPROVING #51 Stipulation of Dismissal With Prejudice, pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii), with each party bearing its own costs and fees. (ddm) |
| Filing 51 STIPULATION of Dismissal Stipulation of Dismissal With Prejudice by CSX Transportation, Inc.. (Landrum, Anne) |
Filing 50
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (rvb) (ADI)
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| Civil Case Terminated. (ddm) |
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Filing 49
ORDER - The defendant is ORDERED to SHOW CAUSE within 21 days from the date of this order as to why default should not be entered for failure to respond to the amended complaint. The court notes that the parties have indicated that they were in settlement negotiations. Therefore, in the event that this action has settled, the parties are DIRECTED to file the appropriate dismissal document in lieu of the defendant filing a response to this order. Signed by Judge Charles A. Pannell, Jr. on 8/27/2020. (tcc)
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Filing 48
SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (mmc) (ADI)
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Filing 47
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (rvb) (ADI)
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Filing 46
FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (mmc) (ADI)
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Filing 45
ORDER granting #43 Motion for Extension of Time to Answer re #40 Amended Complaint, Progress Rail Services Corporation Answer due 7/15/2020. Signed by Judge Charles A. Pannell, Jr. on 6/3/2020. (tcc)
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Filing 44
SCHEDULING ORDER - This matter is before the court on the parties' jointly proposed scheduling order [Doc. No. #42 ]. The parties seek a six-month extension of discovery and related deadlines for various reasons, including the challenges of locating former employees with knowledge of the circumstances surrounding the event at issue in 2016, the difficulties in conducting discovery during the COVID-19 pandemic, and a request for more time to engage in settlement negotiations. The court hereby enters the following schedule: Fact Discovery 12/01/2020; Plaintiff's Expert Disclosures 1/4/2021; Defendant's Expert Disclosures 2/12/2021; All Expert Depositions 3/31/2021; Dispositive Motions 4/30/2021. The court finds that these deadlines are generous, and therefore advises the parties that no further extensions will be granted absent extraordinary circumstances. Signed by Judge Charles A. Pannell, Jr. on 6/2/2020. (tcc)
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| Filing 43 Joint MOTION for Extension of Time to File Answer re #40 Amended Complaint, by Progress Rail Services Corporation. (Attachments: #1 Text of Proposed Order)(Marsh, C.) |
| Filing 42 NOTICE by Progress Rail Services Corporation of Jointly Proposed Scheduling Order (Marsh, C.) |
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Filing 41
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (ddm) (ADI)
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| Filing 40 AMENDED COMPLAINT against Progress Rail Services Corporation filed by CSX Transportation, Inc..(tcc) 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 39
ORDER - The motion for leave to amend the complaint to is GRANTED. [Doc. No. #25 ]. The clerk is DIRECTED to file the amended complaint [Doc. No. 25-1] on the docket, and it will become the operative pleading in this action. The time for filing a responsive pleading is governed by the Federal Rules of Civil Procedure. Fact discovery currently expires on June 1, 2020. It is clear that discovery and related deadlines will need to be extended given that the court has allowed CSX to amend the complaint and the parties have indicated they have not taken any depositions. The parties are therefore DIRECTED to file a joint proposed scheduling order containing new deadlines by May 29, 2020. Signed by Judge Charles A. Pannell, Jr. on 5/19/2020. (tcc)
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Filing 38
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (rvb) (ADI)
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| Submission of #25 MOTION for Leave to File Amended Complaint, to District Judge Charles A. Pannell Jr.. (tcc) |
| Filing 37 REPLY to Response to Motion re #25 MOTION for Leave to File Amended Complaint Plaintiff CSX Transportation, Inc.'s Reply in Support of Its Motion for Leave to File an Amended Complaint filed by CSX Transportation, Inc.. (Landrum, Anne) |
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Filing 36
Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (mmc) (ADI)
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Filing 35
ORDER granting #34 Application for Admission of Jonathan Randall Little Pro Hac Vice. Signed by Judge Charles A. Pannell, Jr. on 4/1/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(tcc)
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| APPROVAL by Clerks Office re: #34 APPLICATION for Admission of Jonathan Randall Little Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9535686).. Attorney Jonathan Randall Little added appearing on behalf of Progress Rail Services Corporation (nmb) |
| Filing 34 APPLICATION for Admission of Jonathan Randall Little Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9535686).by Progress Rail Services Corporation. (Attachments: #1 Text of Proposed Order)(Marsh, C.) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 33 APPLICATION for Admission of Jonathan Randall Little Pro Hac Vice.by Progress Rail Services Corporation. (Attachments: #1 Text of Proposed Order)(Marsh, C.) Documents for this entry are not available for viewing outside the courthouse. |
| RETURN of #33 APPLICATION for Admission of Jonathan Randall Little Pro Hac Vice. to attorney for correction regarding payment. (nmb) |
| RETURN of #31 APPLICATION for Admission to attorney for correction regarding courts. (nmb) |
| Filing 32 RESPONSE in Opposition re #25 MOTION for Leave to File Amended Complaint filed by Progress Rail Services Corporation. (Ford, Sara) |
| Filing 31 Application for Admission Pro Hac Vice of Jonathan Little. (Attachments: #1 Text of Proposed Order)(Marsh, C.) |
| Filing 30 NOTICE of Appearance by C. Bradford Marsh on behalf of Progress Rail Services Corporation (Marsh, C.) |
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Filing 29
GENERAL ORDER 20-01 IN RE: Court Operations Under The Exigent Circumstances Created By COVID-19 and Related Coronavirus. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (tcc)
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Filing 28
GENERAL ORDER 20-01 IN RE: Court Operations Under The Exigent Circumstances Created By COVID-19 and Related Coronavirus. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (tcc)
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Filing 27
ORDER - This matter is before the court on the parties' joint motion to extend discovery deadlines [Doc. No. #26 ]. The court notes that fact discovery is currently scheduled to conclude in approximately two and a half weeks, so a ninety-day extension appears to be somewhat excessive at this point in time. Accordingly, the parties' motion is GRANTED IN PART. The court hereby enters the following schedule: Fact Discovery Deadline Date - 06/01/2020; All Expert Discovery, including Expert Depositions Deadline Date - 8/31/2020; Plaintiff's Expert Disclosures Deadline Date - 07/02/2020; Defendants Expert Disclosures Deadline Date - 07/31/2020. The parties may seek a further extension closer to the end of fact discovery should such be warranted at that time due to the situation with COVID-19. Signed by Judge Charles A. Pannell, Jr. on 3/16/2020. (tcc)
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| Filing 26 Joint MOTION for Extension of Time Discovery Deadlines re: #23 Order on Motion for Extension of Time, #14 Scheduling Order, by CSX Transportation, Inc.. (Landrum, Anne) |
| Filing 25 MOTION for Leave to File Amended Complaint with Brief In Support by CSX Transportation, Inc.. (Attachments: #1 Exhibit Exhibit A to Plaintiff's Motion for Leave to File an Amended Complaint)(McKinley, John) |
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Filing 24
ORDER granting #20 Application for Admission of Timothy Lee Frey Pro Hac Vice. Signed by Judge Charles A. Pannell, Jr. on 1/6/2020. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(tcc)
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| APPROVAL by Clerks Office re: #20 APPLICATION for Admission of Timothy Lee Frey Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9189042). Documents for this entry are not available for viewing outside the courthouse.. Attorney Timothy L. Frey added appearing on behalf of CSX Transportation, Inc. (pmb) |
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Filing 23
ORDER - IT IS HEREBY ORDERED that the parties Joint Motion to Extend Discovery Deadlines is GRANTED. All pending deadlines contained within the Scheduling Order will be extended by ninety days. Signed by Judge Charles A. Pannell, Jr. on 12/23/2019. (tcc)
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| Filing 22 PROPOSED CONSENT ORDER Order granting Joint Motion to Extend Discovery Deadlines re: #21 Joint MOTION for Extension of Time to Extend Discovery Deadlines re: #14 Scheduling Order, . (Landrum, Anne) |
| Filing 21 Joint MOTION for Extension of Time to Extend Discovery Deadlines re: #14 Scheduling Order, by CSX Transportation, Inc.. (Landrum, Anne) |
| Filing 20 APPLICATION for Admission of Timothy Lee Frey Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9189042). Documents for this entry are not available for viewing outside the courthouse.by CSX Transportation, Inc.. (McKinley, John) |
| Filing 19 CERTIFICATE OF SERVICE of Discovery by CSX Transportation, Inc..(Landrum, Anne) |
| Filing 18 CERTIFICATE OF SERVICE of Discovery by CSX Transportation, Inc..(Landrum, Anne) |
| Filing 17 CERTIFICATE OF SERVICE Regarding Discovery by CSX Transportation, Inc..(Lowery, John) |
| Filing 16 CERTIFICATE OF SERVICE of Discovery Documents by Progress Rail Services Corporation. (Ford, Sara) |
| Filing 15 CERTIFICATE OF SERVICE of Initial Disclosures by CSX Transportation, Inc..(McKinley, John) |
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Filing 14
SCHEDULING ORDER - Upon review of the information contained in the #13 Joint Preliminary Report and Discovery Plan submitted by the parties, the court orders that the time limits for adding parties, amending pleadings, filing motions, completing discovery, and discussing settlement are as stated in the completed form [Doc. No. 13] except as herein modified. Signed by Judge Charles A. Pannell, Jr. on 7/9/2019. (tcc)
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| Filing 13 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Progress Rail Services Corporation. (Ford, Sara) |
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Filing 12
ORDER granting #10 Application for Admission of Matthew John Haskins Pro Hac Vice. Signed by Judge Charles A. Pannell, Jr. on 6/25/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(tcc)
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Filing 11
ORDER granting #9 Application For Admission of Christopher Jordan Merrick Pro Hac Vice. Signed by Judge Charles A. Pannell, Jr. on 6/25/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(tcc)
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| APPROVAL by Clerks Office re: #9 APPLICATION for Admission of Christopher Jordan Merrick Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney John Lowell McKinley, Jr. added appearing on behalf of CSX Transportation, Inc. (jkm) |
| APPROVAL by Clerks Office re: #10 APPLICATION for Admission of Matthew John Haskins Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney John Lowell McKinley, Jr. added appearing on behalf of CSX Transportation, Inc. (jkm) |
| Filing 10 APPLICATION for Admission of Matthew John Haskins Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by CSX Transportation, Inc.. (McKinley, John) |
| Filing 9 APPLICATION for Admission of Christopher Jordan Merrick Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by CSX Transportation, Inc.. (McKinley, John) |
| RETURN of #8 APPLICATION for Admission of Matthew John Haskins Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8712305). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: local counsel. (pmb) |
| RETURN of #7 APPLICATION for Admission of Christopher Jordan Merrick Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8712173). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: local counsel. (pmb) |
| Filing 8 APPLICATION for Admission of Matthew John Haskins Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8712305). Documents for this entry are not available for viewing outside the courthouse.by CSX Transportation, Inc.. (McKinley, John) |
| Filing 7 APPLICATION for Admission of Christopher Jordan Merrick Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8712173). Documents for this entry are not available for viewing outside the courthouse.by CSX Transportation, Inc.. (McKinley, John) |
| Filing 6 Certificate of Interested Persons by Progress Rail Services Corporation. (Ford, Sara) |
| Filing 5 ANSWER to #1 COMPLAINT by Progress Rail Services Corporation. Discovery ends on 10/31/2019.(Ford, Sara) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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MINUTE ORDER GRANTING Defendant's #4 Unopposed Motion for Extension of Time to Respond re #1 Complaint. Defendant's response shall be due on or before June 3, 2019. Entered by Judge Charles A. Pannell, Jr. on 5/6/2019. (acm)
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| Filing 4 Unopposed MOTION for Extension of Time to Respond to Complaint by Progress Rail Services Corporation. (Ford, Sara) |
| Filing 3 Electronic Summons Issued as to Progress Rail Services Corporation. (tmf) |
| Filing 2 Certificate of Interested Persons by CSX Transportation, Inc.. (tmf) |
| Filing 1 COMPLAINT filed by CSX Transportation, Inc.. (Filing fee $400, receipt number 113E-8545308) (Attachments: #1 Civil Cover Sheet)(tmf) 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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