Starr Indemnity and Liability Company as the subrogee of Caterpillar Inc. v. BNSF Railway Company et al
Plaintiff: Starr Indemnity and Liability Company as the subrogee of Caterpillar Inc. and Starr Indemnity and Liability Company
Defendant: BNSF Railway Company, Norfolk Southern Railway Co. and Norfolk Southern Corporation
Case Number: 1:2015cv01068
Filed: February 10, 2015
Court: US District Court for the Central District of Illinois
Office: Peoria Office
County: Macon
Presiding Judge: Sara Darrow
Referring Judge: Tom Schanzle-Haskins
Nature of Suit: Personal Property: Other
Cause of Action: Interstate Cargo Claim
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 14, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2018 Filing 117 MANDATE of USCA as to #110 Notice of Appeal filed by Norfolk Southern Railway Co., #111 Notice of Appeal filed by BNSF Railway Company. IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b). (LN, ilcd)
August 28, 2018 Filing 116 TRANSCRIPT REQUEST Information Sheet/Certificate that no transcript being ordered by BNSF Railway Company. (Sullivan, Sean)
August 17, 2018 Filing 115 NOTICE of Docketing Record on Appeal from USCA re #111 Notice of Appeal filed by BNSF Railway Company. USCA Case Number 18-2788. (KB, ilcd)
August 17, 2018 Filing 114 NOTICE of Docketing Record on Appeal from USCA re #110 Notice of Appeal filed by Norfolk Southern Railway Co. USCA Case Number 18-2787. (KB, ilcd)
August 17, 2018 Filing 113 Short Record of Appeal Sent to US Court of Appeals regarding #111 Notice of Appeal. (LN, ilcd)
August 17, 2018 Filing 112 Short Record of Appeal Sent to US Court of Appeals regarding #110 Notice of Appeal. (LN, ilcd)
August 16, 2018 Filing 111 NOTICE OF APPEAL by BNSF Railway Company. Filing fee $ 505, receipt number 0753-2906527. (Sullivan, Sean)
August 16, 2018 Filing 110 NOTICE OF APPEAL by Norfolk Southern Railway Co.. Filing fee $ 505, receipt number 0753-2906472. (Merrick, Christopher)
July 18, 2018 Opinion or Order Filing 109 ORDER entered by Judge Sara Darrow on July 18, 2018. The #102 Joint Motion for Reconsideration and #106 Joint Motion for Leave to File a Reply Brief are DENIED. (AK, ilcd)
July 11, 2018 Opinion or Order TEXT ORDER entered by Judge Sara Darrow on July 11, 2018. Defendants BNSF Railway Company and Norfolk Southern Railway Company have filed a #104 Joint Unopposed Motion for Stay of Execution and Enforcement. Under Federal Rule of Civil Procedure 62(b)(3), a court may "[o]n appropriate terms for the opposing party's security... stay the execution of a judgment--or any proceedings to enforce it--pending disposition of" a Rule 59 motion to alter or amend a judgment. Defendants represent that Plaintiff Starr Indemnity and Liability Company does not oppose staying execution of the Court's #98 Judgment and #97 Order pending disposition of Defendants' #102 Joint Motion for Reconsideration provided that post-judgment interest provided for under law continues to accrue. The Court GRANTS the #104 motion for a stay of execution. Execution of the #98 Judgment and #97 Order are stayed pending disposition of the #102 motion for reconsideration. Post-judgment interest as provided for by law shall continue to accrue and Plaintiff's right to such interest will not be affected if the Court does not vacate or otherwise modify the Judgment. (AK, ilcd)
May 11, 2018 Filing 108 RESPONSE to Motion re #106 Joint MOTION for Leave to File a Reply Brief In Support of Reconsideration filed by Plaintiff Starr Indemnity and Liability Company, Counter Defendants Starr Indemnity and Liability Company, Starr Indemnity and Liability Company, Starr Indemnity and Liability Company. (Belgrade, Steven)
May 8, 2018 Filing 107 MEMORANDUM in Support re #106 Joint MOTION for Leave to File a Reply Brief In Support of Reconsideration by Norfolk Southern Corporation. (Merrick, Christopher)
May 8, 2018 Filing 106 Joint MOTION for Leave to File a Reply Brief In Support of Reconsideration by Defendant Norfolk Southern Railway Co.. Responses due by 5/22/2018 (Attachments: #1 Exhibit A - Proposed Reply Brief)(Merrick, Christopher)
May 1, 2018 Filing 105 RESPONSE to Motion re #102 Joint MOTION for Reconsideration re #98 Judgment, #97 Order on Motion for Summary Judgment,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,, by Defendant BNSF Railway Company and filed by Plaintiff Starr Indemnity and Liability Company, Counter Defendant Starr Indemnity and Liability Company. (Belgrade, Steven)
April 22, 2018 Filing 104 Joint MOTION to Stay re #98 Judgment, #97 Order on Motion for Summary Judgment,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,, (Unopposed) by Defendant BNSF Railway Company. Responses due by 5/7/2018 (Sullivan, Sean)
April 17, 2018 Filing 103 MEMORANDUM in Support re #102 Joint MOTION for Reconsideration re #98 Judgment, #97 Order on Motion for Summary Judgment,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,, by Defendant BNSF Railway Company and by Norfolk Southern Railway Co.. (Merrick, Christopher)
April 17, 2018 Filing 102 Joint MOTION for Reconsideration re #98 Judgment, #97 Order on Motion for Summary Judgment,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,, by Defendant BNSF Railway Company and by Defendant Norfolk Southern Railway Co.. Responses due by 5/1/2018 (Merrick, Christopher)
April 17, 2018 Filing 101 NOTICE of Appearance of Attorney by Jeffrey David Cohen on behalf of Norfolk Southern Railway Co. (Cohen, Jeffrey)
April 16, 2018 Filing 100 NOTICE of Appearance of Attorney by Christopher J Merrick on behalf of Norfolk Southern Railway Co. (Merrick, Christopher)
April 13, 2018 Filing 99 NOTICE of Appearance of Attorney by Sean Malone Sullivan on behalf of BNSF Railway Company (Sullivan, Sean)
March 21, 2018 Filing 98 JUDGMENT entered on 3/21/2018. (LN, ilcd)
March 14, 2018 Opinion or Order Filing 97 ORDER entered by Judge Sara Darrow on March 14, 2018. Starr Indemnity and Liability Company's #64 Motion for Summary Judgment is GRANTED. Norfolk Southern Railway Company's #62 Motion for Summary Judgment and BNSF Railway Company's #69 Motion for Summary Judgment are DENIED. BNSF and Norfolk Southern are liable to Starr as Caterpillar, Inc.'s subrogee, for the loss or injury to the mining equipment under the Carmack Amendment. Neither Defendant Railroad has established that there is a genuine issue of fact as to whether there was a limitation of liability, so liability is not limited. As neither BNSF nor Norfolk Southern contested the amount of damages Starr suffered, judgment is entered in Starr's favor on the Carmack Amendment claim in the amount of $922,944.67. Starr's remaining state law claims are preempted. BNSF's and Norfolk Southern's breach of contract claims are without merit in light of this order. The Court declines to exercise supplemental jurisdiction over BNSF's remaining state law unjust enrichment claims, so they are dismissed without prejudice for lack of jurisdiction. Norfolk Southern's recent #96 Motion to Delay or Defer Ruling is DENIED. Because this order resolves all claims, counsel's concern about responding to rulings and schedules is less dire. The Clerk is directed to enter judgment and close the case. (AK, ilcd)
February 27, 2018 TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff's Motion to Withdraw Appearance of Attorney George Velcich #95 is ALLOWED. Attorney George Velcich is terminated as counsel for Plaintiff in this case. Plaintiff's Motion to Withdraw Appearance of Attorney Richard Peter Girzadas #94 is moot. Attorney Richard Peter Girzadas was withdrawn from this case pursuant to Motion #41 . See Text Order dated 10/6/2015. (LB, ilcd)
February 27, 2018 Filing 96 MOTION to Delay or Defer Ruling on Pending Motions for Partial Summary Judgment by Defendant Norfolk Southern Railway Co.. Responses due by 3/13/2018 (Attachments: #1 Text of Proposed Order)(Spitzer, Bruce)
February 22, 2018 Filing 95 Second MOTION to Withdraw George Velcich by Plaintiff Starr Indemnity and Liability Company, Counter Defendants Starr Indemnity and Liability Company, Starr Indemnity and Liability Company, Starr Indemnity and Liability Company. Responses due by 3/8/2018 (Attachments: #1 Certificate of Service)(Belgrade, Steven)
February 22, 2018 Filing 94 First MOTION to Withdraw Richard Peter Girzadas by Plaintiff Starr Indemnity and Liability Company, Counter Defendants Starr Indemnity and Liability Company, Starr Indemnity and Liability Company, Starr Indemnity and Liability Company. Responses due by 3/8/2018 (Attachments: #1 NOTICE OF FILING)(Belgrade, Steven)
January 16, 2018 Filing 93 NOTICE of Appearance of Attorney by Vy'Shaey Montriece Mitchell on behalf of BNSF Railway Company (Mitchell, Vy'Shaey)
January 5, 2018 TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendant's Motion to Withdraw Heather R. Adams' Appearance #92 ALLOWED. Attorney Adams is terminated as counsel for Defendant BNSF Railway Company in this case. (LB, ilcd)
January 3, 2018 Filing 92 MOTION to Withdraw ATTORNEY HEATHER ADAMS by Counter Claimants BNSF Railway Company, BNSF Railway Company, Defendant BNSF Railway Company. Responses due by 1/17/2018 (Adams, Heather)
January 3, 2018 Filing 91 NOTICE of Change of Address by Steven B Belgrade (Belgrade, Steven)
May 31, 2017 Opinion or Order TEXT ORDER entered by Judge Sara Darrow on May 31, 2017. The final pretrial order, final pretrial conference, and trial are vacated and will be rescheduled if necessary once the pending motions for summary judgment are resolved. (HR, ilcd)
May 5, 2017 Filing 90 REPLY to Response to Motion re #69 MOTION for Summary Judgment BNSF's Reply to Plaintiff's Response to BNSF's Motion for Summary Judgment filed by Defendant BNSF Railway Company. (Adams, Heather)
May 5, 2017 Filing 89 REPLY to Response to Motion re #64 MOTION for Summary Judgment (Reply to BNSF Response) filed by Plaintiff Starr Indemnity and Liability Company, Counter Defendants Starr Indemnity and Liability Company, Starr Indemnity and Liability Company, Starr Indemnity and Liability Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Belgrade, Steven)
May 4, 2017 Filing 88 REPLY to Response to Motion re #64 MOTION for Summary Judgment filed by Plaintiff Starr Indemnity and Liability Company, Counter Defendants Starr Indemnity and Liability Company, Starr Indemnity and Liability Company, Starr Indemnity and Liability Company. (Belgrade, Steven)
May 4, 2017 Filing 87 REPLY to Response to Motion re #62 MOTION for Summary Judgment filed by Defendant Norfolk Southern Railway Co.. (Spitzer, Bruce)
April 24, 2017 Filing 86 RESPONSE to Motion re #64 MOTION for Summary Judgment filed by Defendant BNSF Railway Company. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N, #16 Exhibit Exhibit O, #17 Exhibit Exhibit P, #18 Exhibit Exhibit Q, #19 Exhibit Exhibit R, #20 Exhibit Exhibit S, #21 Exhibit Exhibit T, #22 Exhibit Exhibit U, #23 Exhibit Exhibit V, #24 Exhibit Exhibit W, #25 Exhibit Exhibit X, #26 Exhibit Exhibit Y, #27 Exhibit Exhibit Z)(Adams, Heather) (Attachment 20 replaced on 4/24/2017) (LN, ilcd). (Attachment 21 replaced on 4/24/2017) (LN, ilcd).
April 21, 2017 Filing 85 Exhibit re #80 Response to Motion Exhibit L by BNSF Railway Company. (Attachments: #1 Exhibit)(Adams, Heather)
April 21, 2017 Filing 84 Exhibit re #80 Response to Motion Exhibits N-Z by BNSF Railway Company. (Attachments: #1 Exhibit)(Adams, Heather)
April 21, 2017 Filing 83 Exhibit re #80 Response to Motion by BNSF Railway Company. (Attachments: #1 Exhibit)(Adams, Heather)
April 21, 2017 Filing 82 Exhibit re #80 Response to Motion by BNSF Railway Company. (Attachments: #1 Exhibit A)(Adams, Heather)
April 21, 2017 Filing 81 Exhibit re #80 Response to Motion by BNSF Railway Company. (Attachments: #1 Affidavit)(Adams, Heather)
April 21, 2017 Filing 80 RESPONSE to Motion re #64 MOTION for Summary Judgment filed by Counter Claimants BNSF Railway Company, BNSF Railway Company, Defendant BNSF Railway Company. (Adams, Heather)
April 21, 2017 Filing 79 Exhibit re #78 Response to Motion Exhibit 1 to Plaintiff's Response to Defendant BNSF Railroad Co's Motion for Summary Judgment by Starr Indemnity and Liability Company. (Belgrade, Steven)
April 21, 2017 Filing 78 RESPONSE to Motion re #69 MOTION for Summary Judgment filed by Plaintiff Starr Indemnity and Liability Company. (Belgrade, Steven)
April 21, 2017 Filing 77 RESPONSE to Motion re #62 MOTION for Summary Judgment filed by Plaintiff Starr Indemnity and Liability Company. (Attachments: #1 Exhibit 1)(Belgrade, Steven)
April 20, 2017 Filing 76 RESPONSE to Motion re #64 MOTION for Summary Judgment filed by Defendant Norfolk Southern Railway Co.. (Attachments: #1 RA 1, #2 RA 2, #3 RA 3, #4 RA 4, #5 RA 5)(Spitzer, Bruce)
April 3, 2017 Filing 75 Exhibit re #69 MOTION for Summary Judgment -EXHIBITS A-M by BNSF Railway Company. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M)(Mohan, Daniel)
April 3, 2017 Opinion or Order Text Order entered by Judge Sara Darrow on April 3, 2017. Documents #70 through #74 are stricken as they are incorrectly filed. Defendant BNSF Railway Company is directed to re-file documents #70 through #74 as Exhibits to #69 MOTION for Summary Judgment. (LN, ilcd)
March 31, 2017 Filing 74 STRICKEN - MOTION for Summary Judgment Exhibits by Defendant BNSF Railway Company. Responses due by 4/21/2017 (Attachments: #1 Exhibit Ex L)(Mohan, Daniel) Modified on 4/3/2017 (LN, ilcd).
March 31, 2017 Filing 73 STRICKEN - MOTION for Summary Judgment Exhibits by Defendant BNSF Railway Company. Responses due by 4/21/2017 (Attachments: #1 Exhibit Ex H, #2 Exhibit Ex I, #3 Exhibit Ex J)(Mohan, Daniel) Modified on 4/3/2017 (LN, ilcd).
March 31, 2017 Filing 72 STRICKEN - MOTION for Summary Judgment Exhibits by Defendant BNSF Railway Company. Responses due by 4/21/2017 (Attachments: #1 Exhibit Ex E, #2 Exhibit Ex F)(Mohan, Daniel) Modified on 4/3/2017 (LN, ilcd).
March 31, 2017 Filing 71 STRICKEN - MOTION for Summary Judgment Exhibits by Defendant BNSF Railway Company. Responses due by 4/21/2017 (Attachments: #1 Exhibit Ex M)(Mohan, Daniel) Modified on 4/3/2017 (LN, ilcd).
March 31, 2017 Filing 70 STRICKEN - MOTION for Summary Judgment Exhibits by Defendant BNSF Railway Company. Responses due by 4/21/2017 (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C)(Mohan, Daniel) Modified on 4/3/2017 (LN, ilcd).
March 31, 2017 Filing 69 MOTION for Summary Judgment by Defendant BNSF Railway Company. Responses due by 4/21/2017 (Attachments: #1 Affidavit Jacobowski Affidavit, #2 Supplement Statement of Facts, #3 Supplement Motion and Certificate, #4 Supplement Certificate)(Mohan, Daniel)
March 31, 2017 Filing 68 Exhibit re #65 Memorandum in Support of Motion Exhibits P-U by Starr Indemnity and Liability Company. (Attachments: #1 Exhibit P, #2 Exhibit Q, #3 Exhibit R, #4 Exhibit S, #5 Exhibit T, #6 Exhibit U)(Belgrade, Steven)
March 31, 2017 Filing 67 Exhibit re #65 Memorandum in Support of Motion Exhibits H-O by Starr Indemnity and Liability Company. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K, #5 Exhibit L, #6 Exhibit M, #7 Exhibit N, #8 Exhibit O)(Belgrade, Steven)
March 31, 2017 Filing 66 Exhibit re #65 Memorandum in Support of Motion Exhibits A-G by Starr Indemnity and Liability Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Belgrade, Steven)
March 31, 2017 Filing 65 MEMORANDUM in Support re #64 MOTION for Summary Judgment filed by Plaintiff Starr Indemnity and Liability Company. (Belgrade, Steven)
March 31, 2017 Filing 64 MOTION for Summary Judgment by Plaintiff Starr Indemnity and Liability Company. Responses due by 4/21/2017 (Belgrade, Steven)
March 31, 2017 Filing 63 MEMORANDUM in Support re #62 MOTION for Summary Judgment filed by Defendant Norfolk Southern Railway Co.. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5, #6 Attachment 6, #7 Attachment 7, #8 Attachment 8, #9 Attachment 9, #10 Attachment 10, #11 Attachment 11, #12 Attachment 12, #13 Attachment 13, #14 Attachment 14, #15 Attachment 15, #16 Attachment 16, #17 Attachment 17, #18 Attachment 18, #19 Attachment 19, #20 Attachment 20, #21 Attachment 21, #22 Attachment 22, #23 Attachment 23 part 1, #24 Attachment 23 part 2)(Spitzer, Bruce)
March 31, 2017 Filing 62 MOTION for Summary Judgment by Defendant Norfolk Southern Railway Co.. Responses due by 4/21/2017 (Spitzer, Bruce)
January 12, 2017 Filing 61 Amended COUNTERCLAIM against Starr Indemnity and Liability Company, filed by BNSF Railway Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Adams, Heather)
January 10, 2017 MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins: Telephonic motion hearing held with counsel for Plaintiff, George M. Velcich, counsel for Defendant BNSF Railway Company, Daniel Mohan and Heather Adams, and counsel for Defendant Norfolk Southern Railway Company, Bruce Spitzer, concerning Plaintiff's Emergency Motion to Extend Time to Complete Expert Discovery #58 . The Court hears argument regarding the extension of expert discovery deadlines. Motion #58 ALLOWED. Deposition of Plaintiff's expert to be completed by February 28, 2017. Dispositive motions deadline extended to 4/1/2017. Final pretrial conference set 4/11/2017 is CANCELLED and reset 6/27/2017 at 10:00 a.m. before U.S. District Judge Sara Darrow. Jury trial set 5/22/2017 is CANCELLED and reset 8/7/2017 at 9:00 a.m. before Judge Darrow. The Court will look with disfavor on any motions to extend the final pretrial or trial dates. Proposed pretrial order to be filed on or before June 13, 2017. Defendant BNSF Railway Company's Motion for Leave to File an Amended Counterclaim #59 ALLOWED with no objection by Plaintiff or Defendant Norfolk Southern Railway Company. Clerk is directed to docket the Amended Counterclaim attached to Defendant's Motion #59 . (Tape #SP-C 9:35 AM) (MJC, ilcd)
January 9, 2017 Filing 60 NOTICE Motion re #59 MOTION to Amend/Correct #27 Counterclaim (Adams, Heather)
January 9, 2017 Filing 59 MOTION to Amend/Correct #27 Counterclaim by Counter Claimant BNSF Railway Company, Defendant BNSF Railway Company. Responses due by 1/23/2017 (Attachments: #1 Exhibit Proposed Am. Counterclaim, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E)(Adams, Heather)
January 6, 2017 NOTICE OF HEARING: The Court will address Plaintiff's Emergency Motion to Extend Time to Complete Expert Discovery #58 at the telephonic status conference previously set on Tuesday, 1/10/2017, at 9:30 AM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. (LB, ilcd)
January 5, 2017 Filing 58 Emergency MOTION for Extension of Time to Complete Discovery (to Complete Expert Discovery) by Plaintiff Starr Indemnity and Liability Company. Responses due by 1/19/2017 (Velcich, George)
November 11, 2016 Filing 57 STATUS REPORT on Deposition Scheduling by Norfolk Southern Railway Co.. (Spitzer, Bruce)
November 4, 2016 MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins. Telephonic motion hearing held with counsel for Plaintiff, George M. Velcich, counsel for Defendant BNSF Railway Company, Daniel Mohan and Heather Adams, and counsel for Defendant Norfolk Southern Railway Company, Bruce Spitzer, concerning Defendant Norfolk Southern Railway Company's (Norfolk Southern) Emergency Motion for a Protective Order #54 (Motion). For reasons stated of record, the Motion was ALLOWED in part and DENIED in part. The Court entered a protective order quashing, in part, a Rule 30(b)(6) notice of deposition served by Plaintiff (Notice) for a deposition of Norfolk Southern set Monday, November 7, 2016, in Peoria, Illinois. The Court found that the Notice gave adequate notice of a Rule 30(b)(6) deposition of Defendant Norfolk Southern on the topics listed in the Notice, but the Notice did not provide sufficient time to prepare for the deposition. The Court, therefore, ordered that Plaintiff shall be allowed to take the Rule 30(b)(6) deposition of Norfolk Southern on the topics listed in the Notice at the location of the deponent on or before December 10, 2016. The Court directed that within seven days of this hearing, on or before November 11, 2016, the parties shall notify the Court of the date and location set for the Rule 30(b)(6) deposition. The Court extended the fact discovery deadline to December 10, 2016. The Court stated that any other discovery issues should be raised by motion in accordance with the applicable Federal and Local Rules and orders entered in this case. The Court notes that it will look with disfavor at any motions to extend the present deadlines. (Tape #SP-C 2:07PM.) (LB, ilcd)
November 4, 2016 Filing 56 RESPONSE to Motion re #54 Emergency MOTION for Protective Order filed by Plaintiff Starr Indemnity and Liability Company. (Attachments: #1 Exhibit Exhibits 1-15)(Velcich, George)
November 3, 2016 TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Before the Court is Defendant Norfolk Southern Railway Company's Emergency Motion for Protective Order #54 (Emergency Motion) regarding depositions noticed by Plaintiff for Monday, 11/7/2016. Plaintiff directed to file its response to the Emergency Motion by 9:00 a.m. Friday morning, 11/4/2016. Telephonic hearing on Emergency Motion with counsel for all parties is set Friday, 11/4/2016, at 2:00 p.m. (Court will place call) before Magistrate Judge Schanzle-Haskins. (LB, ilcd)
November 3, 2016 Filing 55 MEMORANDUM in Support re #54 Emergency MOTION for Protective Order filed by Defendant Norfolk Southern Railway Co.. (Attachments: #1 Attachments 1-2, #2 Attachments 3-5, #3 Attachments 6-12)(Spitzer, Bruce)
November 3, 2016 Filing 54 Emergency MOTION for Protective Order by Defendant Norfolk Southern Railway Co.. Responses due by 11/21/2016 (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Spitzer, Bruce)
July 13, 2016 Opinion or Order TEXT ORDER entered by Judge Sara Darrow on July 13, 2016. In August 2015, the plaintiff filed a #33 motion for summary judgment. The defendant did not respond, instead filing a #36 motion to stay briefing on the summary judgment motion to permit further discovery related to its defenses to liability. The Court granted the motion to stay, see Fed. R. Civ. P. 56(d), and entered a new scheduling order. In light of the new case scheduling order, the plaintiff's motion for summary judgment is DENIED AS MOOT, but the denial is without prejudice to the plaintiff filing a renewed motion for summary judgment before the dispositive motion deadline. This denial is purely administrative and should not be construed as a decision on the merits. The January 30, 2017, deadline to file a response to the motion for summary judgment is VACATED; any response deadline shall conform to Local Rule 7.1(D).(JP, ilcd)
May 5, 2016 Filing 53 NOTICE Notice of Service of Discovery Documents (Adams, Heather)
March 18, 2016 Filing 52 ANSWER to #50 Amended Complaint, by Norfolk Southern Railway Co..(Spitzer, Bruce)
March 16, 2016 Filing 51 BNSF Railway Company's ANSWER to #50 Amended Complaint, by BNSF Railway Company.(Adams, Heather)
March 3, 2016 MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins. Telephonic Status Conference held on 3/3/2016 with counsel for Plaintiff, George Velcich and Steven Belgrade, counsel for Defendant BNSF, Daniel J. Mohan and Heather R. Adams, and counsel for Defendant Norfolk Southern, Bruce C. Spitzer. Scheduling deadlines discussed. Parties are given 60-day extension to propound and respond to additional written discovery. Fact discovery deadline extended to 11/10/2016. Expert discovery deadline extended to 1/9/2017. Expert witnesses, if any, to be disclosed and deposed within the 60-day period from 11/10/2016 to 1/9/2017. Dispositive motions deadline extended to 1/13/2017. Defendants are given until 1/30/2017 to respond to Plaintiff's pending Motion for Partial Summary Judgment #33 . Plaintiff to file its reply, if any, on or before 2/13/2017. Telephonic status conference set 6/15/2016 is CANCELLED and reset to 1/10/2017 at 9:30 a.m. (Court will place call.) before Judge Schanzle-Haskins. Parties to file their final pretrial briefs on or before 3/31/2017. Final pretrial conference set 11/1/2016 is CANCELLED and reset to 4/11/2017 at 10:00 a.m. before U.S. District Judge Sara Darrow. Jury trial set 12/12/2016 is CANCELLED and reset to 5/22/2017 at 9:00 a.m. before Judge Darrow. The Court will look with disfavor to any motions to extend these deadlines. (LB, ilcd)
February 25, 2016 NOTICE OF HEARING: Pursuant to U.S. District Judge Sara Darrow's Order #49 , Plaintiff's counsel has requested this matter be set for discussion concerning current discovery and scheduling deadlines. Telephonic Status Conference set Thursday, 3/3/2016, at 10:30 AM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. (LB, ilcd)
February 25, 2016 Remark: Party Norfolk Southern Corporation is dismissed without prejudice from this litigation pursuant to the 2/24/2016 Order. (LN, ilcd)
February 25, 2016 Filing 50 AMENDED COMPLAINT against BNSF Railway Company, Norfolk Southern Corporation, Norfolk Southern Railway Co., filed by Starr Indemnity and Liability Company, as subrogee of Caterpillar, INC. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4)(LN, ilcd)
February 24, 2016 Opinion or Order Filing 49 ORDER entered by Judge Sara Darrow on February 24, 2016. Norfolk Southern's motion to stay, #36 , is GRANTED. All remaining motions (with the exception of Starr Indemnity's motion for partial summary judgment) are resolved in the conclusion of the concurrently-filed Order.(JP, ilcd)
February 19, 2016 Filing 48 RESPONSE to Motion re #47 First MOTION for Hearing BNSF's Motion for Status Hearing by Telephone filed by Plaintiff STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC.. (Belgrade, Steven)
February 16, 2016 Filing 47 First MOTION for Hearing BNSF's Motion for Status Hearing by Telephone by Defendant BNSF Railway Company. Responses due by 2/23/2016 (Adams, Heather)
January 27, 2016 Filing 46 RESPONSE to Motion re #45 MOTION to Strike #42 MOTION to Amend/Correct Order , #44 Reply to Response to Motion, #43 Response to Motion filed by Defendant Norfolk Southern Railway Company. (Spitzer, Bruce) Modified on 1/29/2016 for grammer (ED, ilcd).
January 11, 2016 Filing 45 MOTION to Strike #42 MOTION to Amend/Correct Order,,,, , #44 Reply to Response to Motion, #43 Response to Motion by Plaintiff STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC.. Responses due by 1/28/2016 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Belgrade, Steven)
January 8, 2016 Filing 44 REPLY to Response to Motion re #42 MOTION to Amend/Correct Order,,,, filed by Defendant Norfolk Southern Railway Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Spitzer, Bruce)
December 9, 2015 Filing 43 RESPONSE to Motion re #42 MOTION to Amend/Correct Order,,,, filed by Plaintiff STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC.. (Belgrade, Steven)
December 7, 2015 Filing 42 MOTION to Amend/Correct Order,,,, by Defendant Norfolk Southern Railway Company. Responses due by 12/24/2015 (Attachments: #1 Attachments 1-4)(Spitzer, Bruce)
October 6, 2015 TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff's Motion to Withdraw Appearance of Attorney Richard P. Girzadas #41 ALLOWED. Attorney Girzadas is terminated as counsel for Plaintiff in this case. (LB, ilcd)
October 6, 2015 Filing 41 MOTION to Withdraw Appearance of Attorney Richard P. Girzadas by Plaintiff STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC.. Responses due by 10/23/2015 (Girzadas, Richard)
October 6, 2015 Filing 40 NOTICE of Appearance of Attorney by George M Velcich on behalf of STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC. (Velcich, George)
October 1, 2015 Filing 39 MOTION for Leave to File Amended Complaint by Plaintiff STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC.. Responses due by 10/19/2015 (Attachments: #1 Exhibit A)(Girzadas, Richard)
September 17, 2015 Filing 38 CERTIFICATE OF SERVICE by STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC. (Response to Norfolk Southern's Requests to Admit) (Belgrade, Steven)
September 15, 2015 Filing 37 RESPONSE to Motion re #36 MOTION to Stay re #33 MOTION for Partial Summary Judgment per Rule 56(d) filed by Plaintiff STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Belgrade, Steven)
September 11, 2015 Opinion or Order TEXT ORDER entered by Judge Sara Darrow on September 11, 2015. Plaintiff filed a motion for partial summary judgment, #33 , on August 31, 2015. According to the case's docket, responses to that motion are due by September 24, 2015. Defendant Norfolk Southern has filed a motion, #36 , to stay consideration of the motion for summary judgment pending further fact discovery on issues it believes bears directly on the resolution of Plaintiff's motion. See, e.g., ECF No. 36-1 at 4. Federal Rule of Civil Procedure 56(d) authorizes a court to defer ruling on a motion for summary judgment to "allow time to... take discovery." Defendants should have the opportunity to develop a full factual record before responding to Plaintiff's motion for summary judgment. Accordingly, the Court VACATES the currently set response deadline of September 24, 2015, and will reset it an appropriate future date after ruling on Defendant's pending motion to stay. The Court will rule on Defendant's motion to stay once it has been fully briefed. (JP, ilcd)
September 4, 2015 Filing 36 MOTION to Stay re #33 MOTION for Partial Summary Judgment per Rule 56(d) by Defendant Norfolk Southern Railway Company. Responses due by 9/21/2015 (Attachments: #1 Declaration of Bruce C. Spitzer)(Spitzer, Bruce)
September 1, 2015 Filing 35 MOTION to Dismiss Pursuant to F.R.C.P. 41(a)(2) by Plaintiff STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC.. Responses due by 9/18/2015 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Girzadas, Richard)
August 31, 2015 Filing 34 MEMORANDUM in Support re #33 MOTION for Partial Summary Judgment filed by Plaintiff STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Belgrade, Steven)
August 31, 2015 Filing 33 MOTION for Partial Summary Judgment by Plaintiff STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC.. Responses due by 9/24/2015 (Belgrade, Steven)
August 5, 2015 Filing 32 AMENDED ANSWER to BNSF Railway Co's Counterclaim #27 Counterclaim by Plaintiff STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC.. (Belgrade, Steven)
August 5, 2015 Filing 31 Starr Indemnity and Liablity Company ANSWER to #26 Counterclaim Norfolk Southern's Counterclaim by STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC..(Belgrade, Steven)
July 23, 2015 Filing 30 ANSWER to #27 Counterclaim of BNSF RAILWAY CO.'S by STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Girzadas, Richard)
July 22, 2015 Filing 29 NOTICE of Service of Discovery Document (Adams, Heather)
July 22, 2015 Filing 28 CERTIFICATE OF SERVICE by STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC. Certificate of Service of Plaintiff's Initial Disclosures (Girzadas, Richard)
July 16, 2015 Filing 27 COUNTERCLAIM against STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC., filed by BNSF Railway Company.(ME, ilcd)
July 16, 2015 Filing 26 COUNTERCLAIM against STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC., filed by Norfolk Southern Railway Company.(ME, ilcd)
July 16, 2015 TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendant Norfolk Southern Railway Company's Motion for Leave to File Counterclaim #19 ALLOWED. Clerk is directed to docket Counterclaim [19-1] attached to Motion. Defendant BNSF Railway Company's Motion for Leave to File a Counterclaim #22 ALLOWED. Clerk is directed to docket Counterclaim [22-1] attached to Motion. Plaintiff to answer or otherwise plead to each of these Counterclaims on or before 21 days from date of docketing. Entered on 7/16/2015. (ME, ilcd)
July 15, 2015 Opinion or Order Filing 25 SCHEDULING ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. TIME LIMITS AND SETTINGS ARE ORDERED AS FOLLOWS: Initial Disclosures due by 7/22/2015; Joinder of Parties due by 8/31/2015; Amended Pleadings due by 10/2/2015; Plaintiff`s Expert Disclosure due by 1/20/2016; Defendant`s Expert Disclosure due by 3/15/2016; All Discovery due by 6/13/2016; Dispositive Motions due by 8/1/2016. Final Pretrial Conference set 11/1/2016 at 10:00 AM before U.S. District Judge Sara Darrow. Jury Trial set 12/12/2016 at 9:00 AM before Judge Darrow. Telephonic Status Conference set Wednesday, 6/15/2016, at 9:30 AM (court will place call) before Magistrate Judge Schanzle-Haskins. See written order. (Attachments: #1 Mediation Memorandum, #2 Courtroom Technology Brochure) (LB, ilcd)
July 15, 2015 Filing 24 MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins. Telephonic Rule 16 Scheduling Conference held on 7/15/2015 with counsel for Plaintiff, Richard P. Girzadas, counsel for Defendant BNSF, Daniel J. Mohan and Heather R. Adams, and counsel for Defendant Norfolk Southern, Bruce C. Spitzer. Written order to follow. Parties are reminded of their option to consent to proceed before U.S. Magistrate Judge. See attached forms. (LB, ilcd)
July 9, 2015 Filing 23 NOTICE re #22 MOTION for Leave to File Counterclaim (Adams, Heather)
July 9, 2015 Filing 22 MOTION for Leave to File Counterclaim by Defendant BNSF Railway Company. Responses due by 7/27/2015 (Adams, Heather) (Additional attachment(s) added on 7/9/2015: #1 BNSF Counterclaim) (KB, ilcd).
July 8, 2015 Filing 21 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC.. (Girzadas, Richard)
June 16, 2015 Filing 20 CERTIFICATE OF SERVICE by BNSF Railway Company Offer of Judgment (Adams, Heather)
June 3, 2015 Filing 19 MOTION for Leave to File Counterclaim by Defendant Norfolk Southern Railway Company. Responses due by 6/22/2015 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Spitzer, Bruce)
June 2, 2015 NOTICE OF HEARING: Telephonic Rule 16 Scheduling Conference set Wednesday, 7/15/2015, at 1:30 PM (Court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court on or before 7/13/2015. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(E) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (LB, ilcd)
June 1, 2015 Filing 18 NOTICE of Filing re #17 Answer to Complaint (Adams, Heather)
June 1, 2015 Filing 17 ANSWER to #1 Complaint, AND AFFIRMATIVE DEFENSES by BNSF Railway Company.(Adams, Heather)
May 13, 2015 Filing 16 NOTICE of Change of Address by Bruce C Spitzer (Spitzer, Bruce)
April 21, 2015 Filing 15 NOTICE of Appearance of Attorney by Daniel J Mohan on behalf of BNSF Railway Company (Mohan, Daniel)
April 13, 2015 TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins on 4/13/2015: Appearance of Counsel #14 STRICKEN pursuant to Local Rule 49.10(A)(2): Documents signed by an attorney must be filed using that attorneys log-in and password; they may not be filed using a log-in and password belonging to another attorney. Further, Daniel J. Mohan is not admitted to practice in the Central District of Illinois.(LN, ilcd)
April 10, 2015 Filing 14 STRICKEN - NOTICE of Appearance of Attorney by Heather Renee Adams on behalf of BNSF Railway Company (Adams, Heather) Modified on 4/13/2015 to strike this document pursuant to the 4/13/15 Text Order (LN, ilcd).
April 9, 2015 UTILITY: BNSF Railway Company answer due 6/1/2015. (LB, ilcd)
April 9, 2015 TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Before the Court is the Stipulation for Time to File Answer or Otherwise Plead #13 which the Court will construe as a motion for extension of time. Motion ALLOWED. Defendant BNSF Railway Company granted an extension to 6/1/2015 to answer or otherwise plead. (LB, ilcd)
April 9, 2015 Filing 13 STIPULATION FOR TIME TO FILE ANSWER OR OTHERWISE PLEAD by BNSF Railway Company.. (Adams, Heather)
April 9, 2015 Filing 12 NOTICE of Appearance of Attorney by Heather Renee Adams on behalf of BNSF Railway Company (Adams, Heather)
April 1, 2015 Filing 11 Summons Issued as to BNSF Railway Company. (Original sent to attorney via conventional mail.) (LN, ilcd)
March 23, 2015 Filing 10 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Norfolk Southern Railway Company. (Spitzer, Bruce)
March 23, 2015 Filing 9 ANSWER to #1 Complaint, AND AFFIRMATIVE DEFENSES by Norfolk Southern Railway Company.(Spitzer, Bruce)
March 13, 2015 Filing 8 NOTICE of Rule 7.1 Corporate Disclosure (Girzadas, Richard)
March 13, 2015 Filing 7 NOTICE of Appearance of Attorney by Richard Peter Girzadas on behalf of STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC. (Girzadas, Richard)
February 27, 2015 Filing 6 NOTICE of Appearance of Attorney by Bruce C Spitzer on behalf of Norfolk Southern Corporation, Norfolk Southern Railway Company (Spitzer, Bruce)
February 11, 2015 Filing 5 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Norfolk Southern Railway Company on 2/11/15. (Belgrade, Steven)
February 11, 2015 Filing 4 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Norfolk Southern Corporation on 2/11/15. (Belgrade, Steven)
February 11, 2015 Filing 3 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to BNSF Railway Company on 2/11/15. (Belgrade, Steven)
February 10, 2015 Filing 2 NOTICE of Appearance of Attorney by Steven B Belgrade on behalf of STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC. (Belgrade, Steven)
February 10, 2015 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0753-2006770.), filed by STARR INDEMNITY AND LIABILITY COMPANY, as subrogee of CATERPILLAR, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(Belgrade, Steven)

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Defendant: BNSF Railway Company
Represented By: Daniel J Mohan
Represented By: Sean Malone Sullivan
Represented By: Heather Renee Adams
Represented By: Vy'Shaey Montriece Mitchell
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Defendant: Norfolk Southern Railway Co.
Represented By: Bruce C Spitzer
Represented By: Christopher J Merrick
Represented By: Jeffrey David Cohen
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Defendant: Norfolk Southern Corporation
Represented By: Bruce C Spitzer
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Plaintiff: Starr Indemnity and Liability Company as the subrogee of Caterpillar Inc.
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Plaintiff: Starr Indemnity and Liability Company
Represented By: George M Velcich
Represented By: Richard Peter Girzadas
Represented By: Steven B Belgrade
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