Barenklau v. Railcrew Xpress, LLC et al
| Mary Catherine Barenklau and Mary Cathryn Barenklau |
| Liberty Mutual Fire Insurance Company, Kristina Paige Abernathy and Railcrew Xpress, LLC |
| 4:2019cv00208 |
| September 14, 2019 |
| US District Court for the Northern District of Georgia |
| Amy Totenberg |
| P.I.: Other |
| 28 U.S.C. § 1346 Wrongful Death |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 22, 2020. A more recent docket listing may be available from PACER.
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| Clerk's Entry of Dismissal APPROVING #90 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii). (rjs) |
| Civil Case Terminated. (rjs) |
| Filing 90 STIPULATION of Dismissal by Mary Cathryn Barenklau. (Weiss, Joshua) |
Filing 89
NINTH 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 12/08/2020. (dgs) (ADI)
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| Filing 88 NOTICE of Acceptance of Offer of Judgment by Mary Cathryn Barenklau re: #84 Offer of Judgment (Weiss, Joshua) |
| Filing 87 CERTIFICATE OF SERVICE OF DISCOVERY by Kristina Paige Abernathy.(Stevens, Kimberly) |
| Filing 86 CERTIFICATE OF SERVICE of Supplemental Discovery Responses by Liberty Mutual Fire Insurance Company, Railcrew Xpress, LLC.(Allushi, Admir) |
| Filing 85 Supplemental Initial Disclosures by Liberty Mutual Fire Insurance Company, Railcrew Xpress, LLC. (Attachments: #1 Exhibit A - Reports of Expert Steven Arndt)(Allushi, Admir) |
| Filing 84 OFFER OF JUDGMENT filed by Kristina Paige Abernathy, Liberty Mutual Fire Insurance Company, Railcrew Xpress, LLC. (Allushi, Admir) |
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Filing 83
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (dgs) (ADI)
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| Filing 82 NOTICE Of Filing RAILCREW XPRESS, LLC S OBJECTION TO PLAINTIFFS NOTICE OF 30(b)(6) DEPOSITION OF DESIGNATED REPRESENTATIVE by Liberty Mutual Fire Insurance Company, Railcrew Xpress, LLC re #81 Notice to Take Deposition (Allushi, Admir) |
| Filing 81 NOTICE to Take Deposition of Railcrew Xpress, LLC filed by Mary Cathryn Barenklau (Weiss, Joshua) |
| Filing 80 First NOTICE to Take Deposition of Geneva Parker filed by Mary Cathryn Barenklau (Attachments: #1 Exhibit Subpoena)(Weiss, Joshua) |
| Filing 79 First NOTICE to Take Deposition of Leigh Snodgrass filed by Mary Cathryn Barenklau (Attachments: #1 Exhibit Subpoena)(Weiss, Joshua) |
| Filing 78 First NOTICE to Take Deposition of Curtis Robinson filed by Mary Cathryn Barenklau (Attachments: #1 Exhibit Subpoena)(Weiss, Joshua) |
| Filing 77 First NOTICE to Take Deposition of RD Ratcliff filed by Mary Cathryn Barenklau (Attachments: #1 Exhibit Subpoena)(Weiss, Joshua) |
| Filing 76 First NOTICE to Take Deposition of JC Hough filed by Mary Cathryn Barenklau (Attachments: #1 Exhibit Subpoena)(Weiss, Joshua) |
| Filing 75 First NOTICE to Take Deposition of Char Duffy filed by Mary Cathryn Barenklau (Attachments: #1 Exhibit Subpoena)(Weiss, Joshua) |
| Filing 74 First NOTICE to Take Deposition of Trooper Edward Parker filed by Mary Cathryn Barenklau (Attachments: #1 Exhibit Subpoena)(Weiss, Joshua) |
| Filing 73 First NOTICE to Take Deposition of Trooper Rodney Curtis filed by Mary Cathryn Barenklau (Attachments: #1 Exhibit Subpoena)(Weiss, Joshua) |
| Filing 72 First NOTICE to Take Deposition of Tom Edwards filed by Mary Cathryn Barenklau (Attachments: #1 Exhibit Subpoena)(Weiss, Joshua) |
| Filing 71 First NOTICE to Take Deposition of Sharon Anderson filed by Mary Cathryn Barenklau (Attachments: #1 Exhibit Subpoena)(Weiss, Joshua) |
| Filing 70 Certificate of Service of Discovery filed by Mary Cathryn Barenklau (Attachments: #1 Exhibit Notice)(Weiss, Joshua) Modified on 9/8/2020 to edit text (rlb). |
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Filing 69
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. (dgs) (ADI)
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Filing 68
ORDER granting #67 Motion for Extension of Time to Complete Discovery. No further extensions of discovery will be granted and the parties must bear this in mind in proceeding in the months ahead. Discovery ends on December 18, 2020. Dispositive motions due by January 15, 2021. Proposed pre-trial order and Daubert motions due by February 23, 2021. Signed by Judge Amy Totenberg on 9/1/2020. (jpk) Modified on 9/1/2020 to edit text (jpk).
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| Reset Scheduling Order Deadlines: Discovery ends on 12/18/2020. Dispositive Motions due by 1/15/2021. Proposed Pretrial Order due by 2/23/2021. (jpk) |
| Filing 67 Joint MOTION for Extension of Time to Complete Discovery with Brief In Support by Kristina Paige Abernathy. (Attachments: #1 Brief memorandum in support of joint motion for extension of time to complete discovery, #2 Text of Proposed Order Proposed Order)(Ellis, Willie) |
| Filing 66 NOTICE by Kristina Paige Abernathy Notice of Issuance of Subpoenas Duces Tecum (Ellis, Willie) |
| Filing 65 CERTIFICATE OF SERVICE OF DISCOVERY by Liberty Mutual Fire Insurance Company, Railcrew Xpress, LLC.(Allushi, Admir) |
| Filing 64 NOTICE by Kristina Paige Abernathy Notice of Issuance of Subpoena Duces Tecum (Attachments: #1 Exhibit Exhibit A - subpoenas)(Ellis, Willie) Text modified on 8/7/2020 (adg). |
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Filing 63
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. (rvb) (ADI)
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| Filing 62 CERTIFICATE OF SERVICE of Discovery by Liberty Mutual Fire Insurance Company, Railcrew Xpress, LLC.(Allushi, Admir) |
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Filing 61
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 (dgs) (ADI)
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Filing 60
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. (adg) (ADI)
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Filing 59
ORDER granting #58 Motion for Extension of Time to Complete Discovery. Signed by Judge Amy Totenberg on 7/1/2020. (bnp)
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| Filing 58 Joint MOTION for Extension of Time to Complete Discovery with Brief In Support by Kristina Paige Abernathy. (Attachments: #1 Brief Brief in Support of motion to extend discovery deadline, #2 Text of Proposed Order porposed order)(Ellis, Willie) |
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Filing 57
ORDER granting #56 Motion to Amend Misnomer. It is ORDERED that the misnomer of Plaintiff Mary Catherine Barenklau is hereby corrected by amendment and that Plaintiff be referred to and is properly inserted as: Mary Cathryn Barenklau, for purposes of this lawsuit and all captions, pleadings and matters associated herewith. Signed by Judge Amy Totenberg on 6/22/2020. (bnp)
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| Submission of #56 Joint MOTION Amend Plaintiff's Middle Name as a Misnomer to District Judge Amy Totenberg. (bnp) |
| Filing 56 Joint MOTION Amend Plaintiff's Middle Name as a Misnomer by Mary Catherine Barenklau. (Attachments: #1 Text of Proposed Order)(Weiss, Joshua) Modified on 6/22/2020 to edit event text (bnp). |
| Filing 55 CERTIFICATE OF SERVICE of Discovery by Liberty Mutual Fire Insurance Company, Railcrew Xpress, LLC.(Allushi, Admir) |
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Filing 54
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. (dgs) (ADI)
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| Filing 53 CERTIFICATE OF SERVICE re #52 Certificate of Service of Discovery (CORRECTED) - Defendant Railcrew Xpress, LLCs First Supplemental Responses To Plaintiffs First Interrogatories And First Request For Production Of Documents by Railcrew Xpress, LLC.(Allushi, Admir) |
| Filing 52 CERTIFICATE OF SERVICE of Discovery - Defendant Railcrew Xpress, LLCs First Supplemental Responses To Plaintiffs First Interrogatories And First Request For Production Of Documents by Railcrew Xpress, LLC.(Allushi, Admir) |
| Filing 51 CERTIFICATE OF SERVICE Rule 26 Expert Disclosure of Tommy Sturdivan by Mary Catherine Barenklau.(Weiss, Joshua) |
| Filing 50 CERTIFICATE OF SERVICE Supplemental Responses to RCX Discovery Requests by Mary Catherine Barenklau.(Weiss, Joshua) |
| Filing 49 CERTIFICATE OF SERVICE Responses to Abernathy Discovery Requests by Mary Catherine Barenklau.(Weiss, Joshua) |
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Filing 48
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. (mmc) (ADI)
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| Filing 47 NOTICE by Mary Catherine Barenklau re #46 Notice (Other) Return of Subpoena Executed (Weiss, Joshua) |
| Filing 46 NOTICE by Mary Catherine Barenklau of Subpoena for Production of Documents and Things to be served upon CSX Transportation, Inc. (Weiss, Joshua) |
| Filing 45 Request for Leave of Absence for the following date(s): April 27, 2020 through May 16, 2020, by Joshua P. Weiss. (bnp) |
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Filing 44
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. (dgs) (ADI)
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| Filing 43 CERTIFICATE OF SERVICE of Rule 26 Expert Disclosure of Dr. Charles L Baum II, Ph. D by Mary Catherine Barenklau.(Weiss, Joshua) |
| Filing 42 CERTIFICATE OF SERVICE of Discovery by Kristina Paige Abernathy.(Ellis, Willie) |
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Filing 41
ORDER granting #40 Joint Motion to Extend Discovery Deadline. Discovery ends on 7/21/2020. Signed by Judge Amy Totenberg on 3/24/2020. (bnp)
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| Submission of #40 Joint MOTION for Extension of Time to Complete Discovery to District Judge Amy Totenberg. (bnp) |
| Filing 40 Joint MOTION for Extension of Time to Complete Discovery with Brief In Support by Mary Catherine Barenklau. (Attachments: #1 Supplement Memo, #2 Text of Proposed Order Proposed Order)(Weiss, Joshua) |
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Filing 39
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 3/16/2020. (bnp)
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Filing 38
ORDER AND NOTICE FOR ALL CIVIL CASES ASSIGNED TO DOCKET OF JUDGE TOTENBERG. Signed by Judge Amy Totenberg on 3/17/2020. (rjs)
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| Filing 37 CERTIFICATE OF SERVICE of discovery by Mary Catherine Barenklau.(Weiss, Joshua) |
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Filing 36
SCHEDULING ORDER: re: #34 Joint Preliminary Report and Discovery Plan. Signed by Judge Amy Totenberg on 1/8/2020. (bnp)
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| Filing 35 CERTIFICATE OF SERVICE of Discovery by Railcrew Xpress, LLC.(Allushi, Admir) |
| Submission of #34 Joint Preliminary Report and Discovery Plan to District Judge Amy Totenberg. (bnp) |
| Filing 34 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Liberty Mutual Fire Insurance Company, Railcrew Xpress, LLC. (Brannen, Franklin) |
| Filing 33 CERTIFICATE OF SERVICE by Kristina Paige Abernathy.(Ellis, Willie) |
| Filing 32 Initial Disclosures by Kristina Paige Abernathy. (Attachments: #1 Supplement Attachment A - Witness List, #2 Supplement Attachment C - Document List, #3 Supplement Attachment E - Insurance Agreement)(Ellis, Willie) |
| Filing 31 Initial Disclosures by Liberty Mutual Fire Insurance Company, Railcrew Xpress, LLC. (Attachments: #1 Exhibit A - Witness List)(Allushi, Admir) |
| Submission of #13 Order to District Judge Amy Totenberg. (bnp) |
| Filing 30 NOTICE of Withdrawal of Brian Stephen Spitler as Attorney by Kristina Paige Abernathy, Liberty Mutual Fire Insurance Company, Railcrew Xpress, LLC. (Spitler, Brian) Modified on 12/2/2019 to edit event text and terminate motion (bnp). |
| Filing 29 CERTIFICATE OF SERVICE of Discovery by Kristina Paige Abernathy.(Ellis, Willie) |
| Filing 28 ANSWER to #23 Amended Complaint by Kristina Paige Abernathy.(Ellis, Willie) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 27 CERTIFICATE OF SERVICE of Discovery Responses by Liberty Mutual Fire Insurance Company, Railcrew Xpress, LLC.(Allushi, Admir) |
| Filing 26 Consent MOTION for Extension of Time answer complaint and serve discovery responses by Kristina Paige Abernathy. (Ellis, Willie) |
| Filing 25 Defendants ANSWER to #23 Amended Complaint by Railcrew Xpress, LLC and Liberty Mutual Fire Insurance Company. Discovery ends on 4/10/2020.(Allushi, Admir) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 11/12/2019 to add filer(bnp). |
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ORDER, by docket entry only, granting #26 Motion for Extension of Time to Answer re #23 Amended Complaint. Kristina Paige Abernathy Answer due 11/26/2019. By Judge Amy Totenberg on 11/12/19. (hfm)
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| Filing 24 PROPOSED CONSENT ORDER Agreed Order on Answer and Discovery Responses. (Spitler, Brian) |
| Filing 23 First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Mary Catherine Barenklau.(Weiss, Joshua) 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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ORDER, by docket entry only, approving Stipulation #24 . The Parties are further directed to file their Joint Preliminary Report and Discovery Plan within 30 days of the date of filing Defendants' Answers. See Local Rule 16.2, NDGa. By Judge Amy Totenberg on 11/5/19. (hfm)
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| Filing 22 Amended Corporate Disclosure Statement by Railcrew Xpress, LLC by Railcrew Xpress, LLC.(Spitler, Brian) Modified on 11/5/2019 to edit text (bnp). |
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Filing 21
ORDER: Defendant RailCrew is DIRECTED to amend its #20 Corporate Disclosure Statement to comply with this Order NO LATER THAN Tuesday, November 5, 2019. Signed by Judge Amy Totenberg on 10/31/19. (bnp)
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| Filing 20 Corporate Disclosure Statement by Railcrew Xpress, LLC by Railcrew Xpress, LLC.(Spitler, Brian) |
| Filing 19 CERTIFICATE of Compliance (Spitler, Brian) |
| Filing 18 NOTICE Compliance with 10/18/19 Court Order by Mary Catherine Barenklau re #16 Return of Service Executed, #17 Return of Service Executed (Weiss, Joshua) Modified on 10/23/2019 to edit text(bnp). |
| Filing 17 Return of Service Executed by Mary Catherine Barenklau. Liberty Mutual Fire Insurance Company served on 10/21/2019, answer due 11/12/2019. (Weiss, Joshua) |
| Filing 16 Return of Service Executed by Mary Catherine Barenklau. Railcrew Xpress, LLC served on 10/21/2019, answer due 11/12/2019. (Weiss, Joshua) |
| Filing 15 NOTICE of Appearance by Brian Stephen Spitler on behalf of Kristina Paige Abernathy, Liberty Mutual Fire Insurance Company, Railcrew Xpress, LLC (Spitler, Brian) |
| Filing 14 NOTICE of Stipulation Extending Defendant's Time to Respond to Plaintiff's Discovery Responses by Kristina Paige Abernathy, Railcrew Xpress, LLC (Spitler, Brian) Modified on 10/22/2019 to edit text (bnp). |
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Filing 13
ORDER denying as moot #12 Motion for Extension of Time. Plaintiff is DIRECTED to personally serve, pursuant to Federal Rule of Civil Procedure 4, Defendant Railcrew Xpress with a copy of the Summons, the Complaint, and a copy of this Order NO LATER THAN Wednesday, November 13, 2019. Defendant Railcrew Xpress, LLC is DIRECTED to include in its Certificate of Interested Persons and Corporate Disclosure Statement a list of all of its members and the citizenship of each. If any member is itself an LLC, LLP, or LP, the citizenship of each member of the identified LLC, LLP, or LP must also be identified. Pursuant to Federal Rule of Civil Procedure 7.1, Defendant Railcrew Xpress, LLC is DIRECTED to file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. The Clerk is DIRECTED to resubmit this matter to the undersigned on December 2, 2019. Signed by Judge Amy Totenberg on 10/18/19. (bnp)
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| Filing 12 First MOTION for Extension of Time Amend Complaint to add Parties re: #8 Order,,, Set Submission Deadline,, by Mary Catherine Barenklau. (Weiss, Joshua) |
| Submission of #8 Order to District Judge Amy Totenberg. (bnp) |
| Filing 11 Return of Service Executed by Mary Catherine Barenklau. Liberty Mutual Fire Insurance Company served on 9/23/2019, answer due 10/15/2019. (Attachments: #1 Exhibit Certified Mail Return Receipt)(Weiss, Joshua) |
| Filing 10 Return of Service Executed by Mary Catherine Barenklau. Railcrew Xpress, LLC served on 9/23/2019, answer due 10/15/2019. (Attachments: #1 Exhibit Certified Mail Return Receipt)(Weiss, Joshua) |
| Filing 9 Return of Service Executed by Mary Catherine Barenklau. Kristina Paige Abernathy served on 9/24/2019, answer due 10/15/2019. (Weiss, Joshua) |
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Filing 8
ORDER: Plaintiff is DIRECTED to file an amended complaint properly alleging the citizenship of each party to the suit NO LATER THAN October 7, 2019. If Plaintiff does not have Defendant RAILCREW XPRESS, LLC's information in its possession, custody, or control, then that Defendant is ORDERED to provide Plaintiff with the relevant information if asked. Plaintiffs are ADVISED that the failure to comply with this Order will result in the dismissal of this action without prejudice for lack of jurisdiction. The Clerk is DIRECTED to resubmit this matter to the undersigned on October 8, 2019. Signed by Judge Amy Totenberg on 9/24/19. (bnp)
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| Filing 7 NOTICE Of Filing Notice of Compliance with Standing Order of the Court by Mary Catherine Barenklau (Weiss, Joshua) |
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Filing 6
STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Court's Local Civil Rules. Signed by Judge Amy Totenberg on 9/23/19. (bnp)
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| Filing 5 Electronic Summons Issued as to Liberty Mutual Fire Insurance Company. (bjh) |
| Filing 4 Electronic Summons Issued as to Kristina Paige Abernathy. (bjh) |
| Filing 3 Electronic Summons Issued as to Railcrew Xpress, LLC. (bjh) |
| Filing 2 PROPOSED SUMMONS filed by Mary Catherine Barenklau Summons for Abernathy (Attachments: #1 Summons Summons for Liberty Mutual, #2 Summons Summons for Railcrew Xpress)(Weiss, Joshua) |
| Filing 1 COMPLAINT with Jury Demand (Filing fee $400, receipt number AGANDC-8935212) filed by Mary Catherine Barenklau. (Attachment: #1 Civil Cover Sheet)(bjh) 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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