Straight v. Norfolk Southern Railway Company
Plaintiff: Brian Straight
Defendant: Norfolk Southern Railway Company
Not Classified By Court: John W Whiteleather, Jr
Case Number: 2:2008cv00119
Filed: April 17, 2008
Court: US District Court for the Northern District of Indiana
Office: Federal Employer's Liability Office
County: Elkhart
Presiding Judge: Philip P Simon
Nature of Suit: Federal Employer's Liability
Cause of Action: 45:51
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 18, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 18, 2011 Filing 114 TRANSCRIPT of Final pretrial conference held on 9-14-11, before Judge Philip P. Simon. Court Reporter Sharon Boleck-Mroz, Telephone number 219-852-6728. 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. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 11/30/2011. Redaction Request due 12/9/2011. Redacted Transcript Deadline set for 12/19/2011. Release of Transcript Restriction set for 2/16/2012. (mc)
November 7, 2011 Opinion or Order Filing 113 ORDER granting #112 Stipulation to Dismiss: this case is DISMISSED WITH PREJUDICE and thereby CLOSED, the parties to bear their own costs. Signed by Chief Judge Philip P Simon on 11/7/11. (mc)
November 4, 2011 Filing 112 STIPULATION to Dismiss by Plaintiff Brian Straight, Defendant Norfolk Southern Railway Company. (Duffey, John)
October 17, 2011 Filing 111 NOTICE: The telephone status conference set for 10/21/2011 is VACATED on the Court calendar of Chief Judge Philip P. Simon. Both sides have indicated that this conference is not necessary. Counsel will advise the Court if a hearing is necessary in the future. (nac)
September 16, 2011 Opinion or Order Filing 110 ORDER VACATING the trial setting of October 24, 2011 and all pretrial deadlines. Telephonic Status Conference is now set for 10/21/2011 11:00 AM in US District Court - Hammond before Chief Judge Philip P Simon. Signed by Chief Judge Philip P Simon on 9/16/11. (mc)
September 15, 2011 Filing 109 SETTLEMENT CONFERENCE held on 9/15/2011 before Chief Judge Philip P Simon. Pla appeared by atty James Farina. Dft present by Atty John C. Duffey with Rory Cauffman, Claims Agent. Parties negotiate in good faith and settle this matter. A Court order will be forthcoming. (Court Reporter none.) (nac)
September 14, 2011 Filing 108 FINAL PRETRIAL CONFERENCE held on 9/14/2011 before Chief Judge Philip P. Simon Present: Plf is present in person and by cnsl George T. Brugess and James Farina. Attorney John C. Duffey is present for defense with Claims Agent Rory Cauffman. Case remains set for trial on 10/24/2011 for a 2-3 week jury trial. Deadlines established by the Court: 30 days prior to trial: Cnsl for plf serve proposed Stmt of Case upon defense as well as proposed Jury Instructions and proposed Verdict Form. Plf may file Trial Brief (optional). Discussion on the fact that Chief Judge Simon will allow cnsl to conduct a portion of the Voir Dire. Therefore any voir dire questions submitted should be those questions the Court will ask. 20 days prior to trial: Plf to file proposed Statement of Case. Dft may file Trial Brief (optional). 15 days prior to trial: Exhibits should be marked and ready to go, exchanged between the parties and the exhibits listed should be very specific. Plf shall use numbers, dft shall use letters. Parties to make deposition designations. 10 days prior to trial: Objections to deposition designations and objections to exhibits (in chart format). Plf to file with the Court the Joint Jury Instructions and Verdict Form. If there are any not agreed to documents then the parties shall file an agreed set and then each side to file an individual not-agreed to set. Each side shall provide the Court with a bench book of exhibits on the morning of trial. Counsel are encourged to use courtroom technology during the trial, make arrangements for training if needed. Court rules on Motions in Limine. Dft's Motions in Limine #91 - 25 motions in document: (1)conditionally granted. (2)conditionally granted. (3)conditionally granted. (4)conditionally granted. (5) argument heard and comments by cnsl: Court reserves ruling. (6)argument heard and comments by cnsl: denied. (7)conditionally granted. (8)granted. (9)denied (10)argument and comments from cnsl, Court reserves ruling, ruling to be issued prior to trial. Plf shall produce in final form the summary document to Atty Duffey within 7 days. (11)Court takes under advisement. (12)granted. (13)conditionally granted. (14)granted. (15)Court reserves ruling. (16)Court reserves ruling. (17)conditionally granted. (18)conditionally granted. (19)Court reserves ruling. (20)conditionally granted. (21)Argument heard - granted. (22)granted. (23)Court reserves ruling. (24)conditionally granted. (25)granted. Court rulings on Plf's Motions in Limine #92 : 7 Motions in Limine. (1)denied. (2)denied. (3)granted. (4)Court reserves ruling. (5)granted. (6)denied. (7)denied. Discussion on reconstruction animation. Discussion on #107 - a written response to be filed within 7 days. Parties proceed to Settlement Conference with Chief Judge Simon.Settlement not attained. Parties to return on 9/15/2011 to continue settlement discussions. (Court Reporter Sharon Boleck-Mroz.) (nac)
September 8, 2011 Filing 107 MOTION to Amend/Correct Witness and Exhibit List and Supplement Expert Witness Disclosures by Defendant Norfolk Southern Railway Company. (Attachments: #1 Exhibit 1 - records from eLab, #2 Exhibit 2 - Dr. Drew office note, #3 Exhibit 3 - eLab procedures/protocols)(Duffey, John)
July 15, 2011 Filing 106 BRIEF re #104 Order,. (Duffey, John)
July 15, 2011 Filing 105 BRIEF re #104 Order,. (Brugess, George)
June 23, 2011 Set/Reset Deadlines: briefs to be filed by 7/15/2011. (mc)
June 23, 2011 Opinion or Order Filing 104 ORDER: The parties shall file, no later than 7/15/2011, briefs not to exceed 10 pages in length addressing the impact on this case, if any, of the Supreme Courts CSX Transport, Inc v McBride decision. Signed by Chief Judge Philip P Simon on 6/23/11. (mc)
April 11, 2011 Filing 103 SURREPLY by Norfolk Southern Railway Company to #92 MOTION in Limine #1 - Defendant Should Be Barred From Asserting A Failure To Mitigate Claim, #2 - Defendant Should Be Barred From Makin Any Reference To The Conspicuity Of The Coupler, #3 Defendant Should Be Barred From Making Any Re. (Duffey, John)
April 4, 2011 Opinion or Order Filing 102 ORDER granting #101 Motion for Leave to File a surreply to plaintiffs motion in limine. Signed by Chief Judge Philip P Simon on 4/4/11. (mc)
March 30, 2011 Filing 101 MOTION for Leave to File Surreply to Plt's Motion in Limine by Defendant Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - NSRC's Surreply to Plt's MIL)(Duffey, John)
March 30, 2011 Opinion or Order Filing 100 ORDER granting Defendants #97 Motion for Leave to File an oversize reply in support of its motion in limine. Signed by Chief Judge Philip P Simon on 3/30/11. (mc)
March 28, 2011 Filing 99 REPLY to Response to Motion re #92 MOTION in Limine #1 - Defendant Should Be Barred From Asserting A Failure To Mitigate Claim, #2 - Defendant Should Be Barred From Makin Any Reference To The Conspicuity Of The Coupler, #3 Defendant Should Be Barred From Making Any Re filed by Brian Straight. (Attachments: #1 Deposition Transcript of Randall Morris)(Brugess, George)
March 28, 2011 Filing 98 REPLY to Response to Motion re #91 MOTION in Limine Together with Memorandum of Supporting Points and Authorities filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - photos by NS)(Duffey, John)
March 28, 2011 Filing 97 MOTION for Leave to File an Oversize Reply in Support of Its Motion In Limine by Defendant Norfolk Southern Railway Company. (Duffey, John)
March 18, 2011 Filing 96 RESPONSE to Motion re #91 MOTION in Limine Together with Memorandum of Supporting Points and Authorities filed by Brian Straight. (Attachments: #1 Exhibit Koger v. Norfolk Southern Affirmed by 4th Circuit Court of Appeals)(Brugess, George)
March 18, 2011 Filing 95 RESPONSE to Motion re #92 MOTION in Limine #1 - Defendant Should Be Barred From Asserting A Failure To Mitigate Claim, #2 - Defendant Should Be Barred From Makin Any Reference To The Conspicuity Of The Coupler, #3 Defendant Should Be Barred From Making Any Re filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Deposition Excerpt (Cordray), #2 Exhibit Deposition Excerpt (Desmarais), #3 Exhibit C - Deposition Excerpt (Drew), #4 Exhibit D - Deposition Excerpt (Thompson), #5 Exhibit E - Wojcik 12/21/09 report, #6 Exhibit F - Survey, #7 Exhibit G - NSRC's responses to Plt's Int., #8 Exhibit H - Plt's respones to NSRC's RFP's, #9 Exhibit I - Morris 4/30/09 report)(Duffey, John)
March 15, 2011 Opinion or Order Filing 94 ORDER granting #89 Motion to Continue. Jury Trial set for 10/24/2011 08:30 AM in US District Court - Hammond before Chief Judge Philip P Simon. Final Pretrial Conference set for 9/14/2011 01:00 PM in US District Court - Hammond. Signed by Chief Judge Philip P Simon on 3/15/11. (mc)
March 10, 2011 Opinion or Order Filing 93 ORDER granting #90 Motion for Leave to File oversize motion in limine. Signed by Chief Judge Philip P Simon on 3/10/11. (mc)
March 8, 2011 Filing 92 MOTION in Limine #1 - Defendant Should Be Barred From Asserting A Failure To Mitigate Claim, #2 - Defendant Should Be Barred From Makin Any Reference To The Conspicuity Of The Coupler, #3 Defendant Should Be Barred From Making Any Reference To Any Undisclosed Expert Opinions, #4 Defendant Should Be Barred From Making any Reference To Defendant's Reconstruction Animation, #5 Defendant Should Be Barred From Making Any Reference To Evidence Of When The Plaintiff Retained Counsel, #6 Defendant Should Be Barred From Making Any Reference To Evidence of Improperly Set Couplers, #7 Defendant Should Be Barred From Making Any Reference To Evidence of An Alleged Lack Of A Defect In The Coupler by Plaintiff Brian Straight. (Brugess, George)
March 8, 2011 Filing 91 MOTION in Limine Together with Memorandum of Supporting Points and Authorities by Defendant Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Investigation Correspondence, #2 Exhibit B - RRB Correspondence, #3 Exhibit C - FRA and TSAR Reports (Part 1), #4 Exhibit C - FRA and TSAR Reports (Part 2), #5 Exhibit D - NS' Responses to Plaintiff's 5th Supp RFP, #6 Exhibit E - Dussette Deposition Excerpt, #7 Exhibit F - Humping Records, #8 Exhibit G - Blackwell Deposition Excerpt, #9 Exhibit H - Straight Deposition Excerpt, #10 Exhibit I - Neubaum Deposition Excerpt)(Duffey, John)
March 8, 2011 Filing 90 MOTION for Leave to File to File An Oversize Motion In Limine by Defendant Norfolk Southern Railway Company. (Duffey, John)
March 7, 2011 Filing 89 MOTION to Continue Trial Date by Defendant Norfolk Southern Railway Company. (Duffey, John)
March 3, 2011 Opinion or Order Filing 88 ORDER: The trial of this case is reset from 3/28/11 to commence on 8/22/11. The parties motions in limine remain due 3/8/11. Responses should be filed within ten days of each motion, and replies should be filed within ten days of each response. All other pretrial compliance deadlines are reset to correspond to the new trial date. Signed by Chief Judge Philip P Simon on 3/3/11. (mc)
February 22, 2011 Filing 87 SETTLEMENT CONFERENCE held on 2/22/2011 before Chief Judge Philip P Simon. Parties present as noted in Final Pretrial Conference Minute 85 . Parties negotiate in good faith however settlement is not attained. (Court Reporter none.) (nac)
February 22, 2011 Opinion or Order Filing 86 FINAL PRETRIAL ORDER. The probable length of trial is ten to fifteen days. The case is set down for trial before a jury on March 28, 2011 at 8:30 a.m. Signed by Chief Judge Philip P Simon on 2/22/11. (mc)
February 22, 2011 Filing 85 FINAL PRETRIAL CONFERENCE held on 2/22/2011 before Chief Judge Philip P Simon. Plf present by Attys George T. Brugess and James Louis Farina. Dft is present by Atty John C. Duffey and rep Rory Caufman of Norfolk Southern Railway Company. Court sets deadlines for the case. 25 days prior to trial: Plf serve upon dft the Proposed Stmt of Case. Plf to file Trial Brief with the Court. Plf shall serve upon the dft the Proposed jury instructions, forms of verdict. 20 days prior to trial: File Motions in Limine (7 days for Response and 3 days after Response for Reply). Court would request that Motions in Limine for each side be contained in one document, with various sub-parts for the individual motions in limine. 15 days before trial: Dft to file Trial Brief. Plf to file with the Court the Statement of the Case. 10 days prior to trial: each side to provide a witness list (with specific names) to each other and to the Court. Exhibits should be marked and ready to go (plf to use numbers and defendant to use letters). These exhibits should be made available to the other side. Deposition designations to be noted (page and line or if using the entire deposition). 5 days prior to trial: Plf to file agreed jury instructions and both sides to file any non-agreed to jury instructions. File proposed forms of verdict and special interrogatories. File voir dire questions (questions for the Court to ask). Each side will be allowed to voir dire panel before final selection. File objections to exhibits and deposition designations and attach the corresponding exhibit or deposition testimony to that filing. On the morning of trial the parties shall provide a bench book of exhibits for the Court's use and to retain after trial for any post-trial motions. (note: the original exhibits used at trial will be returned to the party producing them). A jury panel of 10 will be selected due to the anticipated length of the trial. Court's anticipated trial schedule: 8:30/9:00 - 5:00 each day. No trial on April 7 or 8. Court inquires if settlement discussions would be helpful, short discussion held. Parties proceed to settlement conference with Chief Judge Simon. (Court Reporter Sharon Boleck-Mroz.) (nac)
February 17, 2011 Filing 84 Proposed Pretrial Order by Norfolk Southern Railway Company, Brian Straight. (Duffey, John)
December 13, 2010 Opinion or Order Filing 82 OPINION AND ORDER: Court DENIES #71 Motion for Partial Summary Judgment. Signed by Chief Judge Philip P Simon on 12/13/2010. (jjj)
December 9, 2010 Filing 83 TRANSCRIPT of ORAL ARGUMENTS Hearing held on November 22, 2010, before Judge Philip P Simon. Court Reporter Sharon Boleck Mroz, Telephone number 219-852-6728. 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. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 12/27/2010. Redaction Request due 12/30/2010. Redacted Transcript Deadline set for 1/10/2011. Release of Transcript Restriction set for 3/9/2011. (jjj) Modified on 3/3/2011 to reflect actual hearing held (rmn).
November 22, 2010 Filing 81 NOTICE of Hearing: JURY TRIAL: set for 3/28/2011 08:30 AM (Central/Hammond time) (2-3 weeks) in US District Court - Hammond before Chief Judge Philip P Simon. Final Pretrial Conference set for 2/22/2011 01:00 PM (Central/Hammond time) in US District Court - Hammond before Chief Judge Philip P Simon. (nac)
November 22, 2010 Filing 80 MOTION HEARING held on 11/22/2010 re #71 MOTION for Partial Summary Judgment filed by Brian Straight before Chief Judge Philip P Simon. Pla appeared by attys James Louis Farina and George T. Brugess. Dft present by Atty John C. Duffey. Oral argument heard. Parties indicate that the case should take 2-3 weeks for jury trial. Jury Trial and FPTC to be scheduled with consideration to the schedule of the attorneys. (Court Reporter Sharon Boleck-Mroz.) (nac)
October 15, 2010 Opinion or Order Filing 79 ORDER: Court GRANTS #77 Request for Oral Argument on Plaintiff's Motion for Summary Judgment. Oral Argument scheduled for 11/22/2010 01:00 PM in US District Court - Hammond before Chief Judge Philip P Simon. Signed by Chief Judge Philip P Simon on 10/15/2010. (tc)
October 13, 2010 Filing 78 SETTLEMENT CONFERENCE held on 10/13/2010 before Chief Judge Philip P Simon. Plf is present in person with cnsl George T. Brugess and James Louis Farina. Also in attendance for plf Dan Goodmann of Mesirow Financial. For the defense: Atty John C. Duffey with Rory Cauffman, of Norfolk Southern. Parties negotiate in good faith but settlement is not attained. (Court Reporter none.) (nac)
October 4, 2010 Filing 77 MOTION for Hearing re #71 MOTION for Partial Summary Judgment by Defendant Norfolk Southern Railway Company. (Duffey, John)
September 30, 2010 Filing 76 REPLY to Response to Motion re #71 MOTION for Partial Summary Judgment filed by Brian Straight. (Attachments: #1 Exhibit A - Norfolk Southern Railway Company's Amended Answer and Defenses)(Brugess, George)
September 20, 2010 Filing 75 RECEIPT from Norfolk Southern Railway Company of Disc re: Notice of Manual Filing #74 . Forwarded to Hammond Division. (jld)
September 17, 2010 Filing 74 NOTICE OF MANUAL FILING of NSRC's exhibit 4 to Exhibit L to Response to Plaintiff's Motion for Summary Judgement and NSRC's Exhibit 3 to Exhibit E to Response to Plaintiff's Motion for Summary Judgement by Norfolk Southern Railway Company (Duffey, John)
September 17, 2010 Filing 73 RESPONSE in Opposition re #71 MOTION for Partial Summary Judgment filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Deposition Excerpt (Brian Straight), #2 Exhibit B - Deposition Excerpt (Don Pettit), #3 Exhibit C - Deposition Excerpt (Nathan Thomas), #4 Exhibit D - Declaration (Terry Chapman), #5 Exhibit E - Declaration (Randall Morris), #6 Exhibit F - Deposition Excerpt (Jack Neubaum), #7 Exhibit G - Declaration (Timothy Mosso) PART 1, #8 Exhibit G - Declaration (Timothy Mosso) PART 2, #9 Exhibit G - Declaration (Timothy Mosso) PART 3, #10 Exhibit G - Declaration (Timothy Mosso) PART 4, #11 Exhibit G - Declaration (Timothy Mosso) PART 5, #12 Exhibit G - Declaration (Timothy Mosso) PART 6, #13 Exhibit H - Deposition Excerpt (Melvin Minnear), #14 Exhibit I - Deposition Excerpt (Dan Dussette), #15 Exhibit J - Deposition Excerpt (Terry Chapman), #16 Exhibit K - Deposition Excerpt (George Richardson), #17 Exhibit L - Declaration (Laura Wojcik), #18 Exhibit M - Deposition Excerpt (Laura Wojcik), #19 Exhibit N - Deposition Excerpt (Lyle Dohse), #20 Exhibit O - Deposition Excerpt (Timothy Mosso))(Duffey, John)
August 20, 2010 Filing 72 MEMORANDUM in Support of #71 MOTION for Summary Judgment filed by Brian Straight. (Attachments: #1 Excerpts Brian Straight Deposition, #2 Excerpts Daniel Dussette Deposition, #3 Excerpts Colon Fulk Deposition, #4 Excerpts Timothy Mosso Deposition Transcript, #5 Excerpts Donald Pettit Deposition Transcript, #6 Excerpts Terry Chapman Deposition Transcript, #7 Excerpts Randall Morris Deposition Transcript, #8 Excerpts Melvin Minniear Deposition Transcript, #9 Excerpts Nathan Thomas Deposition Transcript, #10 Excerpts Mark Richards Deposition Transcript)(Brugess, George)
August 20, 2010 Filing 71 MOTION for PARTIAL Summary Judgment by Plaintiff Brian Straight. (Brugess, George) Modified on 8/23/2010 to reflect actual title of pleading (rmn).
August 3, 2010 Filing 70 TELEPHONIC SCHEDULING CONFERENCE held on 8/3/2010 before Chief Judge Philip P Simon. Pla appeared by atty James Louis Farina. Dft appeared by atty John C. Duffey. Discussion on case. Dispositive motions to be filed by 8/23/2010, Responses and/or Cross-Motion for S/J to be filed by 9/20/2010. Reply to be filed by 9/30/2010. Parties agree to Settlement Conference before Chief Judge Philip P. Simon. Settlement Conference now set for 10/13/2010 09:30 AM in US District Court - Hammond before Chief Judge Philip P Simon. The parties shall file confidential settlement position papers three days prior to the settlement conference. (these may be emailed to simon_chambers@innd.uscourts.gov). (Court Reporter Sharon Boleck-Mroz.) (nac)
July 26, 2010 Opinion or Order Filing 69 ORDER: Telephonic Scheduling Conference set for 8/3/2010 at 1:00 PM (Hammond time) in US District Court - Hammond before Chief Judge Philip P Simon.. Signed by Chief Judge Philip P Simon on 7/26/10. (jld)
July 20, 2010 Opinion or Order Filing 68 ORDER for Pretrial Conference, Notice of Trial Setting and Order Controlling The Case. Signed by Chief Judge Philip P Simon on 7/20/2010. (nac)
July 16, 2010 Opinion or Order Filing 67 NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Christopher A Nuechterlein is now terminated. All further matters will now be handled by Chief Judge Philip P Simon unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (slm)
July 1, 2010 Filing 66 MOTION to Schedule Status Conference by Defendant Norfolk Southern Railway Company. (Duffey, John)
June 7, 2010 Opinion or Order Filing 65 ORDER: Court GRANTS #40 MOTION to Compel and For Protective Order. Plaintiff and Dr Nancy Lipson ORDERED to return pages 1-7, 9-12, 15-16, and 18 of Exhibit B and any copies of such documents. Signed by Magistrate Judge Christopher A Nuechterlein on 6/7/2010. (jjj)
June 2, 2010 Opinion or Order Filing 64 ORDER re #44 Sealed Document. This Court now allows Straights attorneys until June 8, 2010 to file any facts and argument to establish that the documents are not privileged as attorney/client communications. If Straights attorneys do not file a challenge by that date, this Court will consider Straights objections to this Courts presumptive privilege findings to be waived. However, should Straights attorneys file a timely objection, this Court also allows Norfolks attorneys until June 15, 2010 to file a response, along with any supporting affidavits, to establish that the documents are indeed attorney/client communications, as presumptively determined bythis Court at the hearing. Signed by Magistrate Judge Christopher A Nuechterlein on 6/2/2010. (rmn)
June 1, 2010 Filing 63 MOTION HEARING held on 6/1/2010 before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty George T Brugess. Dft appeared by atty John C Duffey. re #40 MOTION to Compel and For Protective Order filed by Norfolk Southern Railway Company. Order to be entered. (Court Reporter J Hoffman.) (slm)
May 27, 2010 Opinion or Order Filing 62 ORDER granting #54 Motion to Compel; granting #56 Motion to Amend the Scheduling Order. Norfolk is required to submit its disclosures two weeks after Straight's psychiatric exam by Dr. Weine. Norfolk to make Dr Weine available for deposition w/in 45 days of issuance of his report.. Signed by Magistrate Judge Christopher A Nuechterlein on 5/27/10. (jld)
May 26, 2010 Filing 61 REPLY to Response to Motion re #54 MOTION to Compel Mental Exam Pursuant to Fed. R. Civ. P. 35(a), #56 MOTION to Amend/Correct Scheduling Order filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit 1 - CV of Dr. Lipson)(Duffey, John)
May 26, 2010 Filing 60 RESPONSE to Motion re #56 MOTION to Amend/Correct Scheduling Order filed by Brian Straight. (Attachments: #1 Exhibit February 25, 2009 Order, #2 Exhibit July 22, 2009 Order, #3 Exhibit August 25, 2009 Order, #4 Exhibit January 7, 2010 Order, #5 Exhibit April 1, 2010 Order)(Brugess, George)
May 26, 2010 Filing 59 RESPONSE in Opposition re #54 MOTION to Compel Mental Exam Pursuant to Fed. R. Civ. P. 35(a) filed by Brian Straight. (Attachments: #1 Exhibit A - Report of Dr. Nancy Lipson, #2 Exhibit April 1, 2010 Order)(Brugess, George)
May 24, 2010 Opinion or Order Filing 58 ORDER granting #57 Motion to Continue Hearing. Hearing on Motion to Compel and for Protective Order reset for 6/1/2010 at 10:30 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein.. Signed by Magistrate Judge Christopher A Nuechterlein on 5/25/10. (jld)
May 24, 2010 Filing 57 MOTION to Continue Hearing of Defendant's Motion to Compel and for Protective Order by Plaintiff Brian Straight. (Brugess, George)
May 20, 2010 Filing 56 MOTION to Amend/Correct Scheduling Order by Defendant Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Certification)(Duffey, John)
May 20, 2010 Filing 55 MEMORANDUM in Support of #54 MOTION to Compel Mental Exam Pursuant to Fed. R. Civ. P. 35(a) filed by Norfolk Southern Railway Company. (Duffey, John)
May 20, 2010 Filing 54 MOTION to Compel Mental Exam Pursuant to Fed. R. Civ. P. 35(a) by Defendant Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - CV of Dr. Weine, #2 Exhibit B - Certification)(Duffey, John)
May 19, 2010 Opinion or Order Filing 53 ORDER granting #52 Motion for Reconsideration re #51 Order on Motion to Compel & Motion to Amend Scheduling Order. Parties given 10 days to attempt to resolve this issue, with leave to refile these motions.. Signed by Magistrate Judge Christopher A Nuechterlein on 5/19/10. (jld)
May 18, 2010 Filing 52 MOTION for Reconsideration by Defendant Norfolk Southern Railway Company. (Attachments: #1 Exhibit A, #2 Exhibit 1)(Duffey, John)
May 18, 2010 Opinion or Order Filing 51 ORDER: DENYING #49 Motion to Compel & #50 Motion to Amend/Correct. Signed by Magistrate Judge Christopher A Nuechterlein on 5/18/10. (jld)
May 17, 2010 Filing 50 MOTION to Amend/Correct Scheduling Order by Defendant Norfolk Southern Railway Company. (Duffey, John)
May 17, 2010 Filing 49 MOTION to Compel Mental Exam pursuant to Fed. R. Civ. P. 35(a) by Defendant Norfolk Southern Railway Company. (Attachments: #1 Exhibit 1 - CV of Dr. Weine)(Duffey, John)
May 14, 2010 Opinion or Order Filing 48 ORDER Setting Hearing on #40 MOTION to Compel and For Protective Order : Motion Hearing set for 5/25/2010 10:00 AM in US District Court - South Bend before Magistrate Judge Christopher A Nuechterlein. Signed by Magistrate Judge Christopher A Nuechterlein on 5/14/10. (slm)
May 4, 2010 Filing 47 Sealed Document. (Attachments: #1 Exhibit D - Supplemental Affidavit of John C. Duffey)(Duffey, John)
April 26, 2010 Filing 46 Sealed Document. (Attachments: #1 Sealed Cover Sheet)(Brugess, George)
April 26, 2010 Filing 45 RESPONSE to Motion re #40 MOTION to Compel and For Protective Order filed by Brian Straight. (Brugess, George)
April 14, 2010 Filing 44 Sealed Document. (Duffey, John)
April 13, 2010 Opinion or Order Filing 43 ORDER granting #42 Motion to Seal Exhibit B to Motion to Compel and for Protective Order. Signed by Magistrate Judge Christopher A Nuechterlein on 4/13/10. (mlc)
April 12, 2010 Filing 42 MOTION to Seal (File Attorney-Client Privileged Documents Under Seal) by Defendant Norfolk Southern Railway Company. (Duffey, John)
April 12, 2010 Filing 41 MEMORANDUM in Support of #40 MOTION to Compel and For Protective Order filed by Norfolk Southern Railway Company. (Duffey, John)
April 12, 2010 Filing 40 MOTION to Compel and For Protective Order by Defendant Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Affidavit of John Duffey, #2 Exhibit C - Certification)(Duffey, John)
April 1, 2010 Opinion or Order Filing 39 ORDER re #37 Status Report filed by Norfolk Southern Railway Company. Defendant shall have to and including May 21, 2010 to identify any additional trial expert witness to address Plaintiffs claim for PTSD. Defendant will also serve a Rule 26 report for any such witness on or before May 21, 2010, and Defendant will make any such witness available for his deposition within 30 days following May 21, 2010. Parties shall have to and including May 21, 2010 to complete any remaining depositions. Parties will describe with particularity any demonstrative exhibits they intend to use at trial by May 21, 2010. Further with respect to this point, the parties will produce to the other party a copy of any animation or similar demonstrative exhibit they may use at trial byMay 21, 2010. Signed by Magistrate Judge Christopher A Nuechterlein on 4/1/10. (mlc)
March 31, 2010 Filing 38 NOTICE by Brian Straight re #37 Status Report of Agreement (Brugess, George)
March 31, 2010 Filing 37 STATUS REPORT by Norfolk Southern Railway Company. (csi) Modified on 3/31/2010 (csi) edit - pacer was down, therefore, document was scanned & dktd by the court. No violation notice sent.
January 7, 2010 Opinion or Order Filing 36 ORDER granting #35 Motion to Amend Scheduling Order: Discovery deadline is 3/30/2010. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 2/26/2010. Status Report due by 3/30/2010.. Signed by Magistrate Judge Christopher A Nuechterlein on 1/7/10. (jld)
December 29, 2009 Filing 35 MOTION to Amend/Correct Scheduling Order by Defendant Norfolk Southern Railway Company. (Duffey, John)
December 28, 2009 Filing 34 REPORT of Mediation by John W Whiteleather, Jr. Settlement not reached.(jld)
October 12, 2009 Filing 33 NOTICE by Norfolk Southern Railway Company (of Medical Examination under Rule 35) (Duffey, John)
August 25, 2009 Opinion or Order Filing 32 ORDER granting #31 Motion extend expert disclosure deadlines: Defendant expert witness disclosures and reports to be delivered to the plaintiff by 11/15/2009.. Signed by Magistrate Judge Christopher A Nuechterlein on 8/25/09. (jld)
August 21, 2009 Filing 31 MOTION to Extend Expert Disclosure Deadline (unopposed) by Defendant Norfolk Southern Railway Company. (Duffey, John)
July 22, 2009 Opinion or Order Filing 30 ORDER granting #28 Motion to extend Discovery and Expert Witness Disclosure deadlines: Discovery deadline cutoff is 12/31/2009. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 9/18/2009.. Signed by Magistrate Judge Christopher A Nuechterlein on 7/21/09. (*This entry and document replace #29 which had the wrong document attached. Only the attached order is different, all deadlines remain the same)). Signed by Magistrate Judge Christopher A Nuechterlein on 7/22/09. (jld)
July 21, 2009 Opinion or Order Filing 29 ORDER granting #28 Motion to extend Discovery and Expert Witness Disclosure deadlines: Discovery deadline cutoff is 12/31/2009. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 9/18/2009.. Signed by Magistrate Judge Christopher A Nuechterlein on 7/21/09q. (jld) (Wrong document attached: See #30 for correct document. Additional attachment added on 7/22/2009: #1 replacement page) (jld
July 20, 2009 Filing 28 MOTION to Extend Expert Disclosure and Discovery Cutoff Deadline (unopposed) by Defendant Norfolk Southern Railway Company. (Duffey, John)
May 29, 2009 Filing 27 AMENDED ANSWER to #1 Complaint by Norfolk Southern Railway Company. (jld)
May 29, 2009 Opinion or Order Filing 26 ORDER granting #25 Motion to Amend Answer. Signed by Magistrate Judge Christopher A Nuechterlein on 5/29/09. (jld)
May 28, 2009 Filing 25 MOTION to Amend/Correct #12 Answer to Complaint (unopposed) by Defendant Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Amended Answer)(Duffey, John)
March 25, 2009 Filing 24 NOTICE of Appearance by James Louis Farina on behalf of Brian Straight (Farina, James)
February 25, 2009 Opinion or Order Filing 23 ORDER granting #22 Motion to Amend Scheduling Order. Deft granted to/including 8/10/09 to produce Rule 26 reports on damages issued; Deft granted to/inluding 4/30/09 to produce Rule 26 reports on liability issues; Discovery deadline is 11/30/2009. Signed by Magistrate Judge Christopher A Nuechterlein on 2/25/09. (jld)
February 24, 2009 Filing 22 Joint MOTION to Amend/Correct Scheduling Order by Plaintiff Brian Straight, Defendant Norfolk Southern Railway Company. (Duffey, John)
January 29, 2009 Filing 21 CERTIFICATE OF MAILING RULE 26(a)(2) DISCLOSURES. (Brugess, George)
December 12, 2008 Opinion or Order Filing 20 ORDER granting #18 Motion for Extension of Time to Complete Discovery Defendant expert witness disclosures and reports to be delivered to the plaintiff by 4/30/2009. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 1/28/2009. All other deadlines remain in effect.. Signed by Magistrate Judge Christopher A Nuechterlein on 12/12/08. (jld)
December 11, 2008 Filing 19 (DOCUMENT WAS A PROPOSED ORDER THAT HAS BEEN DELETED AND THE ATTORNEY HAS BEEN NOTIFIED AS TO THE CORRECT PROCEDURE) NOTICE by Brian Straight re #18 MOTION for Extension of Time to Complete Discovery Disclosures of Experts Draft Order (Brugess, George) (sda). Modified on 12/11/2008 (sda).
December 11, 2008 Filing 18 MOTION for Extension of Time to Complete Discovery Disclosures of Experts by Plaintiff Brian Straight. (Brugess, George)
June 25, 2008 Filing 17 RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 6/25/2008 before Magistrate Judge Christopher A Nuechterlein. Pla appeared by atty George T Brugess. Dft appeared by atty John C Duffey. John Whiteleather appointed as mediator. Results of the mediation shall be filed with the court no later than 10 days before the final pretrial conference Any amendments to the pleadings to be filed by 7/25/2008. Discovery deadline is 7/31/2009. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 12/28/2008. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 3/31/2009. Initial Disclosures to be exchanged by 6/30/2008. Magistrate Consent forms due by 7/18/2008. (slm)
June 12, 2008 Filing 16 REPORT of Rule 26(f) Planning Meeting. (Duffey, John)
May 28, 2008 Filing 15 MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (slm)
May 27, 2008 Opinion or Order Filing 14 ORDER, ( Joint Proposed Discovery due by 6/16/2008., Rule 16 Preliminary Pretrial Conference set for 6/25/2008 10:30 AM in South Bend before Magistrate Judge Christopher A Nuechterlein.). Signed by Magistrate Judge Christopher A Nuechterlein on 5/27/2008. (slm)
May 16, 2008 Filing 13 Corporate Disclosure Statement by Norfolk Southern Railway Company. (Duffey, John)
May 16, 2008 Filing 12 ANSWER to #1 Complaint by Norfolk Southern Railway Company.(Duffey, John)
May 8, 2008 Filing 11 DOCKET ANNOTATION. Status Conference date of 5/15/2008 before Magistrate Judge Rodovich is VACATED. This case has been reassigned to Magistrate Nuechterlein. (plm)
May 7, 2008 Opinion or Order Filing 10 ORDER REASSIGNING CASE. Clerk is DIRECTED TO TRANSFER this matter to the South Bend Division. Case reassigned to Magistrate Judge Christopher A Nuechterlein for all further proceedings. Magistrate Judge Andrew P Rodovich no longer assigned to case. Signed by Magistrate Judge Andrew P Rodovich on 5/7/08. (mc)
May 6, 2008 Filing 9 Joint MOTION to Transfer Case to South Bend Division by Plaintiff Brian Straight, Defendant Norfolk Southern Railway Company. (Duffey, John)
May 6, 2008 Filing 8 NOTICE of Hearing: Telephonic Status Conference set for 5/15/2008 09:00 AM (CST) before Magistrate Judge Andrew P Rodovich. Court to initiate the conference call. PLEASE SEE ATTACHED.(plm)
May 5, 2008 Filing 7 AFFIDAVIT of Service for Summons with Complaint served on Norfolk Southern Railway Company on 04/28/2008, filed by Brian Straight. (Brugess, George)
April 22, 2008 Opinion or Order Filing 6 ORDER DENYING Without Prejudice the Emergency #4 Motion to Inspect and Preserve Evidence filed by the Plaintiff, Brian Straight, on 4/17/08. Signed by Magistrate Judge Andrew P Rodovich on 4/22/08. (sda)
April 18, 2008 Filing 5 NOTICE of Appearance by John C Duffey on behalf of Norfolk Southern Railway Company (Duffey, John)
April 17, 2008 Filing 4 EMERGENCY MOTION to Inspect and Preserve Evidence by Plaintiff Brian Straight. (sda)
April 17, 2008 Filing 3 Summons Issued as to Norfolk Southern Railway Company. (sda)
April 17, 2008 Filing 2 NOTICE of Appearance by George T Brugess on behalf of Brian Straight (sda)
April 17, 2008 Filing 1 COMPLAINT with Jury Demand against Norfolk Southern Railway Company (Filing fee $ 350.) Receipt #2211957, filed by Brian Straight. (Attachments: #1 Civil Cover Sheet)(sda)

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Defendant: Norfolk Southern Railway Company
Represented By: John C Duffey
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Not classified by court: John W Whiteleather, Jr
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Plaintiff: Brian Straight
Represented By: George T Brugess
Represented By: James Louis Farina
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