Hester v. CSX Transportation, Inc.
Plaintiff: Hester and Martin C. Hester
Defendant: CSX Transportation, Inc.
Case Number: 4:2016cv00053
Filed: February 12, 2016
Court: US District Court for the Southern District of Georgia
Office: Savannah Office
County: Chatham
Presiding Judge: J Randal Hall
Referring Judge: G R Smith
2 Judge: Lisa G Wood
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 4, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2017 Opinion or Order Filing 56 ORDER APPROVING re #55 Stipulation of Dismissal filed by CSX Transportation, Inc. Accordingly, it is ORDERED that Plaintiff's claims against Defendants are in all respects dismissed with prejudice. Each party will bear its own costs. Signed by Judge Lisa G. Wood on 10/4/17. (loh)
October 3, 2017 Filing 55 STIPULATION of Dismissal with Prejudice by CSX Transportation, Inc. (Traynham, Jay)
August 11, 2017 Opinion or Order Filing 54 ORDER Administratively Closing this action. The Parties have notified the Court that the above captioned case has settled. ( Compliance due by 10/10/2017.) Signed by Judge Lisa G. Wood on 8/11/2017. (ca)
July 21, 2017 Opinion or Order Filing 53 ORDER re 22 Order on Motion for Extension of Time, #19 Scheduling Order. The parties shall have until 8/15/17 to file their proposed consolidated pretrial order. Signed by Judge Lisa G. Wood on 7/21/2017. (ca)
July 21, 2017 Set/Reset Deadlines: Pretrial Order due by 8/15/2017. (ca)
July 7, 2017 Filing 52 NOTICE of Change of Address by Joseph C. Devine. (Devine, Joseph)
July 7, 2017 Filing 51 NOTICE of Change of Address by Lindsey D'Andrea. (D'Andrea, Lindsey)
May 17, 2017 Opinion or Order Filing 50 ORDER denying Plaintiff Martin Hester's #23 Motion for Partial Summary Judgment; denying Defendant CSX Transportation, Inc.'s #29 Motion for Summary Judgment. Signed by Judge Lisa G. Wood on 5/17/2017. (ca)
May 8, 2017 Opinion or Order Filing 49 ORDER granting #48 Motion to Withdraw as Attorney. Attorney Wade Wilkes Herring, II terminated. Signed by Magistrate Judge G. R. Smith on 5/8/17. (loh)
May 5, 2017 MOTIONS REFERRED: #48 MOTION to Withdraw as Attorney. (loh)
May 4, 2017 Filing 48 MOTION to Withdraw as Attorney by CSX Transportation, Inc. Responses due by 5/18/2017. (Attachments: #1 Text of Proposed Order)(Herring, Wade)
April 25, 2017 Filing 47 NOTICE of Appearance by Jay C. Traynham on behalf of CSX Transportation, Inc. (Traynham, Jay)
April 17, 2017 Filing 46 BRIEF re #44 Transcript,, Post Argument Supplemental Brief by CSX Transportation, Inc.. (D'Andrea, Lindsey)
April 10, 2017 Filing 45 BRIEF Post Argument Supplemental Brief by Martin C. Hester. (Attachments: #1 Exhibit Exhibit 1)(Ballew, Walter)
April 7, 2017 Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 04/06/2017, before Judge Lisa Godbey Wood. Court Reporter/Transcriber Debbie Gilbert, Telephone number (912) 262-2608. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. (Transcript Redaction Policy Issued or Click here to view < Transcript Redaction Policy<) Redaction Request due 4/28/2017. Redacted Transcript Deadline set for 5/8/2017. Release of Transcript Restriction set for 7/6/2017. (Gilbert, Debra)
April 6, 2017 Filing 43 Minute Entry for proceedings held before Chief Judge Lisa G. Wood: Motion Hearing held on 4/6/2017 re #29 MOTION for Summary Judgment filed by CSX Transportation, Inc., #23 MOTION for Partial Summary Judgment filed by Martin C. Hester. (Court Reporter Debbie Gilbert.) (WS)
March 31, 2017 Filing 42 BRIEF re #29 MOTION for Summary Judgment Supplemental Brief Identifying Recent Decisions Interpreting the Federal Railroad Safety Act by CSX Transportation, Inc.. (Attachments: #1 Exhibit A)(Herring, Wade)
March 14, 2017 Filing 40 NOTICE of Hearing on Motion #29 MOTION for Summary Judgment , #23 MOTION for Partial Summary Judgment : Motion Hearing set for 4/6/2017 10:30 AM in Savannah - 1st Floor before Chief Judge Lisa G. Wood. (WS)
December 27, 2016 Filing 39 REPLY to Response to Motion re #23 MOTION for Partial Summary Judgment filed by Martin C. Hester. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 1-A, #3 Exhibit Exhibit 2)(Ballew, Walter)
December 22, 2016 Filing 38 REPLY to Response to Motion re #29 MOTION for Summary Judgment filed by CSX Transportation, Inc.. (D'Andrea, Lindsey)
December 16, 2016 Filing 37 AMENDED DOCUMENT by CSX Transportation, Inc.. Amendment to #32 Statement of Material Facts, #33 Response, to Plaintiff's Statement of Undisputed Material Facts. (Herring, Wade)
December 16, 2016 Filing 36 AMENDED DOCUMENT by CSX Transportation, Inc.. Amendment to #33 Response, . (Herring, Wade)
December 15, 2016 Filing 35 Document filed with incorrect docket type and has been removed from public view. Attorney instructed to re-file as an amended doc. (Herring, Wade) Modified on 12/16/2016 (wwp).
December 12, 2016 Filing 33 RESPONSE to #23 MOTION for Partial Summary Judgment filed by Martin C. Hester filed by CSX Transportation, Inc.. (Attachments: #1 Stmt of Material Fact CSXT's Response to Mr. Hester's Statement of Material Facts, #2 Exhibit Mr. Hester's Deposition Excerpts, #3 Exhibit Mr. Wittig's Deposition Excerpts, #4 Exhibit Mr. Cokley's Deposition Excerpts, #5 Exhibit Mr. Cokley's Declaration)(D'Andrea, Lindsey)
December 8, 2016 Filing 32 Statement of Material Facts re #29 MOTION for Summary Judgment by Martin C. Hester. (Ballew, Walter)
December 8, 2016 Filing 31 RESPONSE to #29 MOTION for Summary Judgment filed by CSX Transportation, Inc. filed by Martin C. Hester. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Ballew, Walter)
December 8, 2016 Filing 30 RESPONSE to Motion re #29 MOTION for Summary Judgment filed by Martin C. Hester. (Ballew, Walter)
November 14, 2016 Filing 29 MOTION for Summary Judgment by CSX Transportation, Inc.. Responses due by 12/8/2016. (Attachments: #1 Briefs CSXT's Memorandum in Support, #2 Stmt of Material Fact CSXT's Statement of Undisputed Material Facts, #3 Exhibit Patrick Cokley Declaration, #4 Exhibit Plaintiff Deposition Excerpts, #5 Exhibit Cokley Deposition Excerpts, #6 Exhibit Wittig Deposition Excerpts, #7 Exhibit Rod Logan Declaration)(D'Andrea, Lindsey)
November 14, 2016 Opinion or Order Filing 28 ORDER REASSIGNING CASE. Case reassigned to Chief Judge Lisa G. Wood for all further proceedings. Judge J. Randal Hall no longer assigned to case. Signed by Judge J. Randal Hall on 11/14/16. (cmr)
November 9, 2016 Filing 27 NOTICE issued re: #23 MOTION for Partial Summary Judgment by Martin C. Hester. Responses due by 12/5/2016. (Ballew, Walter) (wwp)
November 9, 2016 Filing 26 NOTICE of Filing by Martin C. Hester re #23 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Ballew, Walter)
November 9, 2016 Filing 25 Statement of Material Facts re #23 MOTION for Partial Summary Judgment by Martin C. Hester. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Ballew, Walter)
November 9, 2016 Filing 24 BRIEF re #23 MOTION for Partial Summary Judgment by Martin C. Hester. (Ballew, Walter)
November 9, 2016 Filing 23 MOTION for Partial Summary Judgment by Martin C. Hester. Responses due by 12/5/2016. (Ballew, Walter)
October 21, 2016 Opinion or Order Filing 22 TEXT ORDER granting #21 Motion for Extension of Time. The parties shall have until November 14, 2016 to file dispositive motions and until December 12, 2016 to file memoranda in opposition, by Magistrate Judge G. R. Smith on 10/21/16.(jlm)
October 21, 2016 MOTIONS REFERRED: #21 Consent MOTION for Extension of Time. (wwp)
October 19, 2016 Filing 21 Consent MOTION for Extension of Time to 11/14/2016 . by CSX Transportation, Inc.. Responses due by 11/7/2016. (Attachments: #1 Text of Proposed Order)(Herring, Wade)
July 25, 2016 Filing 20 JOINT STATUS REPORT by CSX Transportation, Inc. (D'Andrea, Lindsey)
April 20, 2016 Opinion or Order Filing 19 SCHEDULING ORDER: Amended Pleadings due by 5/17/2016. Close of Discovery on liability due by 8/5/2016. Motions due by 11/3/2016. Expert Witness Report (Plaintiff) due by 6/4/2016. Expert Witness Report (defendant) due by 7/4/2016. Status Report due by 7/25/2016. Close of discovery on liability due by 9/3/16. Signed by Magistrate Judge G. R. Smith on 4/20/16. (wwp)
April 12, 2016 Filing 18 REPORT of Rule 26(f) Planning Meeting. (D'Andrea, Lindsey)
March 31, 2016 Opinion or Order Filing 17 ORDER granting #14 Motion for Leave to Appear pro hac vice. Signed by Magistrate Judge G. R. Smith on 3/31/2016. (loh)
March 31, 2016 Opinion or Order Filing 16 ORDER granting #15 Motion for Leave to Appear pro hac vice. Signed by Magistrate Judge G. R. Smith on 3/31/2016. (loh)
March 30, 2016 MOTIONS REFERRED: #15 MOTION for Leave to Appear Pro Hac Vice for Lindsey D'Andrea Receipt Number 113J-1955895, Fee Amount $200,, #14 MOTION for Leave to Appear Pro Hac Vice for Joseph C. Devine Receipt Number 113J-1955869, Fee Amount $200. (bcw)
March 29, 2016 Filing 15 MOTION for Leave to Appear Pro Hac Vice for Lindsey D'Andrea Receipt Number 113J-1955895, Fee Amount $200, by CSX Transportation, Inc.. Responses due by 4/15/2016. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Herring, Wade)
March 29, 2016 Filing 14 MOTION for Leave to Appear Pro Hac Vice for Joseph C. Devine Receipt Number 113J-1955869, Fee Amount $200, by CSX Transportation, Inc.. Responses due by 4/15/2016. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(Herring, Wade)
March 18, 2016 Filing 13 Litigants' Bill of Rights by CSX Transportation, Inc.. (Herring, Wade)
March 18, 2016 Filing 12 Disclosure Statement pursuant to Local Rule 7.1.1 by CSX Transportation, Inc.. (Attachments: #1 Exhibit)(Herring, Wade)
March 18, 2016 Filing 11 Defendant's ANSWER to Complaint and Affirmative Defenses by CSX Transportation, Inc..(Herring, Wade)
March 8, 2016 Filing 10 Clerk's Extension 6.1/ORDER granting #8 Motion for Extension of Time to respond. Responses due by 3/18/2016. (wwp)
March 8, 2016 Filing 9 Mail Returned as Undeliverable re #7 Order. Unable to forward. Mail sent to Hardy Gregory. (loh)
March 8, 2016 Filing 8 Consent MOTION for Extension of Time to 3/18/2016 by CSX Transportation, Inc. Responses due by 3/25/2016. (Herring, Wade)
February 23, 2016 Opinion or Order Filing 7 ORDER granting #6 Motion for Leave to Appear Pro Hac Vice by Jefferson C. Callier. Signed by Magistrate Judge G. R. Smith on 2/23/16. (bcw)
February 17, 2016 Filing 6 MOTION for Leave to Appear Pro Hac Vice for (Jefferson C. Callier), Fee Amount $200, by Martin C. Hester. Responses due by 3/7/2016. (Attachments: #1 Rec't)REFERRED to Judge G. R. Smith.(loh)
February 12, 2016 Opinion or Order Filing 5 GENERAL ORDER: Report of Rule 26(f) planning meeting. Signed by Magistrate Judge G. R. Smith on 2/12/2016. (loh)
February 12, 2016 Filing 4 Summons Issued as to CSX Transportation, Inc. (loh)
February 12, 2016 Filing 3 Litigants' Bill of Rights by Martin C. Hester. (loh)
February 12, 2016 Filing 2 Certificate of Related Cases 3.1. (loh)
February 12, 2016 Filing 1 COMPLAINT against CSX Transportation, Inc., filed by Martin C. Hester. Receipt # 113J-1932704 (Attachments: #1 Civil Cover Sheet)(loh)
February 12, 2016 DEMAND for Trial by Jury by Martin C. Hester. (loh)

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Plaintiff: Hester
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Plaintiff: Martin C. Hester
Represented By: Hardy Gregory, Jr.
Represented By: Jefferson C. Callier
Represented By: Walter W. Ballew, III
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Defendant: CSX Transportation, Inc.
Represented By: Jay C. Traynham
Represented By: Wade Wilkes Herring, II
Represented By: Lindsey D'Andrea
Represented By: Joseph C. Devine
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