McClellan v. CSX Transportation Inc et al
| Eric McClellan, Sr |
| CSX Transportation Inc and David Abel |
| 2:2019cv00290 |
| August 13, 2019 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| Theresa L Springmann |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 10, 2019. A more recent docket listing may be available from PACER.
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| Filing 31 RESPONSE to Motion re #26 Amended MOTION for Extension of Time to File Answer or Initial Responsive Pleading filed by CSX Transportation Inc. (Attachments: #1 Exhibit A)(Dimmich, Sarah) |
Filing 30
OPINION AND ORDER: The Court ORDERS Defendant CSX to FILE on or before 10/23/2019 a supplemental jurisdictional statement that alleges the citizenship of Plaintiff McClellan and Defendant Able as outlined herein. Signed by Magistrate Judge Joshua P Kolar on 10/9/19. (ksp)
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Filing 29
ORDER REASSIGNING CASE. Case reassigned to Chief Judge Theresa L Springmann for all further proceedings. Judge Joseph S Van Bokkelen no longer assigned to case. Signed by Chief Judge Theresa L Springmann on 10/7/19. (ksc)
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| Filing 28 ANSWER to Complaint Affirmative Defenses and Jury Demand by David Abel.(Bradley, Galen) |
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Filing 27
MINUTE ORDER: The Court SETS the response deadline for #26 Motion for Extension of Time for 10/11/2019. Any reply will be due three business days after the response, if any, is filed. Approved by Magistrate Judge Joshua P Kolar on 10/7/2019. Text entry order. (tc)
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| Filing 26 Amended MOTION for Extension of Time to File Answer or Initial Responsive Pleading by Defendant David Abel. (Bradley, Galen) |
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Filing 25
ORDER: Court DENIES WITHOUT PREJUDICE #24 Motion for Extension of Time to File Initial Responsive Pleading. Defendant David Abel is granted leave to refile the motion that complies with Northern District of Indiana Local Rule 6-1(a)(2) & (3). Approved by Magistrate Judge Joshua P Kolar on 10/3/2019. Text entry order. (tc)
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| Filing 24 MOTION for Extension of Time to File Answer re #5 State Court Complaint or Initial Responsive Pleading by Defendant David Abel. (Bradley, Galen) |
| Filing 23 NOTICE of Appearance by Galen A Bradley on behalf of David Abel (Bradley, Galen) |
| Filing 22 RESPONSE to Motion re #17 MOTION to Remand filed by CSX Transportation Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Dimmich, Sarah) |
| Filing 21 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 9/19/2019, before Magistrate Judge Joshua P Kolar. Pla appeared by attys Jon Schmoll, Michael Flanagan. Dft CSX Transportation, Inc. appeared by attys Joseph Harrison, Sarah Dimmich. Parties discuss potential need for filing of a motion to extend the adopted deadlines. The Report filed as DE #18 is APPROVED and ADOPTED as follows: Initial Disclosures to be exchanged by 10/25/2019. All discovery to be completed by 7/13/2020. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 3/13/2020. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 4/24/2020. Rule 26(e) supplements due by 5/22/2020. The last date to seek leave of court to join additional parties and to amend the pleadings for the Pltf is 12/3/2019; for the Dft is 1/3/2020. Magistrate Consent forms ddl extended to 10/10/2019. All other dates/ddls to be set by presiding judge at a later time. The summary judgment deadline in FRCP 56 shall not apply. (Tape #FTR GOLD.) (tc) |
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Filing 20
ORDER: Court GRANTS #19 Motion to Appear Telephonically. The Rule 16 Preliminary Pretrial Conference set for 9/19/2019 at 10:00 AM will be held telephonically for ALL PARTIES. Court to initiate the call. If a different number than is listed on the docket should be used to reach counsel directly, please contact Judge Kolar's case manager at teresa_castillo@innd.uscourts.gov at least 24 hours in advance. Approved by Magistrate Judge Joshua P Kolar on 9/16/2019. Text entry order. (tc)
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| Filing 19 MOTION for Leave to Appear Telephonically by Plaintiff Eric McClellan, Sr. (Schmoll, Jon) |
| Filing 18 REPORT of Rule 26(f) Planning Meeting. (Dimmich, Sarah) |
| Filing 17 MOTION to Remand by Plaintiff Eric McClellan, Sr. (Attachments: #1 Exhibit Exhibit Index, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9)(Demetrio PHV, Michael) |
| Filing 16 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. Magistrate Consent forms due by 9/25/2019. (tc) |
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Filing 15
ORDER: Rule 16 Preliminary Pretrial Conference set for 9/19/2019 10:00 AM in US District Court - Hammond before Magistrate Judge Joshua P Kolar. A proposed Discovery Plan under Federal Rule of Civil Procedure 26(f) to be filed no later than five (5) business days prior to the pretrial conference. Signed by Magistrate Judge Joshua P Kolar on 9/4/2019. (tc)
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| Filing 14 ANSWER to Complaint by CSX Transportation Inc.(Dimmich, Sarah) |
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Filing 13
ORDER granting #9 Application to Appear Pro Hac Vice of Attorney Lesly Michael Flanagan PHV for Eric McClellan, Sr. Signed by Magistrate Judge Joshua P Kolar on 8/27/2019. (ace)
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Filing 12
ORDER granting #10 Application to Appear Pro Hac Vice of Attorney Michael Kelly Demetrio PHV for Eric McClellan, Sr. Signed by Magistrate Judge Joshua P Kolar on 8/27/2019. (ace)
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| Filing 11 SUMMONS Returned Executed by Eric McClellan, Sr. All Parties. (Schmoll, Jon) |
| Filing 10 Application for Attorney Michael Kelly Demetrio to Appear Pro Hac Vice on behalf of Eric McClellan, Sr.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3990267(Pro Hac Vice Temporary login, ) |
| Filing 9 Application for Attorney Lesly Michael Flanagan to Appear Pro Hac Vice on behalf of Eric McClellan, Sr.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3990229(Pro Hac Vice Temporary login, ) |
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Filing 8
STATUS REPORT ORDER: Plaintiff to file a status report by 9/6/2019 to advise status on service of process on Defendant David Abel. Alternatively, Plaintiff may electronically file the executed return of summons. By Magistrate Judge Joshua P Kolar on 8/27/2019. Text entry order. (tc)
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Filing 7
MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Joshua P Kolar on 8/20/2019. (tc)
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| Filing 6 NOTICE by CSX Transportation Inc (Attachments: #1 Exhibit Notice to Clerk, #2 Exhibit Notice of Removal, #3 Exhibit A Complaint and Summons)(Dimmich, Sarah) |
| Judge Joseph S Van Bokkelen and Magistrate Judge Joshua P Kolar added. NEW CASE. (nal) |
| Filing 4 NOTICE of Appearance by Joseph H Harrison, III on behalf of CSX Transportation Inc (Harrison, Joseph) |
| Filing 3 Corporate Disclosure Statement by CSX Transportation Inc. (Dimmich, Sarah) |
| Filing 2 NOTICE of Appearance by Sarah N Dimmich on behalf of CSX Transportation Inc (Dimmich, Sarah) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $ 400 receipt number 0755-3976335.) from Lake County Superior Civil Division 7, Cause No. 45D11-1908-CT-000824, filed by CSX Transportation Inc. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Dimmich, Sarah) |
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