DeLeon v. Norfolk Southern Railway Company
| Mark DeLeon |
| Norfolk Southern Railroad Company and Norfolk Southern Railway Company |
| Stuart A Nudleman |
| 2:2021cv00224 |
| July 15, 2021 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| Philip P Simon |
| Federal Employer's Liability |
| 45 U.S.C. § 51 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 9, 2021. A more recent docket listing may be available from PACER.
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| Filing 19 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 9/9/2021, before Magistrate Judge Joshua P Kolar. Pla appeared by atty George Brugess. Dft appeared by atty Sean Gingrich. The Report filed as DE #17 is ADOPTED as follows: Initial Disclosures to be exchanged by 9/23/2021. All discovery to be completed by 6/13/2023. Fact discovery to be completed by 10/12/2022. Written discovery to be issued by 10/28/2021; written discovery to be answered by 12/3/2021. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 11/11/2022; with witnesses to be deposed by 12/12/2022. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 1/11/2023; with witnesses to be deposed by 2/10/2023. Rule 26(e) supplements due by 3/14/2023. The last date any party may seek leave of court to join additional parties and to amend the pleadings is 1/10/2022. Parties anticipate the case should be ready for a 10 day jury trial by September 11, 2023. Stuart A. Nudleman appointed as mediator. Results of the mediation shall be filed with the court no later than 10 days before the final pretrial conference. All other agreements of the parties concerning discovery are adopted. Magistrate Consent forms due by 9/30/2021. All other dates/ddls to be set by presiding judge at a later time. (Tape #ATT HOST (2).) (tc) |
| Filing 18 NOTICE of Appearance by Sean C Gingrich on behalf of Norfolk Southern Railway Company (Gingrich, Sean) |
| Filing 17 REPORT of Rule 26(f) Planning Meeting. (Brugess, George) |
| Filing 16 Corporate Disclosure Statement by Norfolk Southern Railway Company identifying Corporate Parent Norfolk Southern Corporation for Norfolk Southern Railway Company.. (Scolaro, Jeffrey) |
| Filing 15 ANSWER to #1 Complaint and Affirmative Defenses by Norfolk Southern Railway Company.(Scolaro, Jeffrey) |
| Filing 14 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (tc) |
Filing 13
ORDER: Telephonic Rule 16 Preliminary Pretrial Conference set for 9/9/2021 10:00 AM (Central time) before Magistrate Judge Joshua P Kolar. Parties are instructed to dial 877-336-1280 and enter access code 3293676# when prompted to join the conference. 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 8/17/2021. (tc)
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Filing 12
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 8/11/2021. (tc)
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Filing 11
ORDER: For good cause shown, and without objection, the Court GRANTS #10 Defendant's Unopposed Motion for Extension of Time for Norfolk Southern to File Responsive Pleading. Defendant's responsive pleading due by 8/24/2021. Approved by Magistrate Judge Joshua P Kolar on 8/10/2021. Text entry order. (tc)
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| Filing 10 MOTION for Extension of Time to File Answer re #1 Complaint Unopposed by Defendant Norfolk Southern Railway Company. (Scolaro, Jeffrey) |
| Filing 9 NOTICE of Appearance by Jeffrey J Scolaro on behalf of Norfolk Southern Railway Company (Scolaro, Jeffrey) |
| Filing 8 SUMMONS Returned Executed by Mark DeLeon. Norfolk Southern Railway Company served on 7/20/2021, answer due 8/10/2021. (Brugess, George) |
| Filing 7 Summons Issued as to Norfolk Southern Railway Company. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (mlc) |
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Filing 6
ORDER: The Court having been advised that the issues raised in #2 Plaintiff's Emergency Motion for Protective Order and Site Inspection have been resolved, the Court GRANTS #5 Plaintiff's Motion to Withdraw His Emergency Motion. The #2 Emergency Motion is hereby WITHDRAWN. Approved by Magistrate Judge Joshua P Kolar on 7/15/2021. Text entry order. (tc)
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| Filing 5 MOTION to Withdraw #2 Emergency MOTION for Protective Order and for Site Inspection, #3 Notice (Other) by Plaintiff Mark DeLeon. (Brugess, George) |
| Filing 4 NOTICE of Appearance by Bradley N Barker on behalf of Mark DeLeon (Barker, Bradley) |
| Filing 3 NOTICE by Mark DeLeon re #2 Emergency MOTION for Protective Order and for Site Inspection (Brugess, George) |
| Filing 2 WITHDRAWN RE 6 MINUTE ORDER: Emergency MOTION for Protective Order and for Site Inspection by Plaintiff Mark DeLeon. (Attachments: #1 Exhibit Proposed Order)(Brugess, George) Modified on 7/15/2021 (tc). |
| Filing 1 COMPLAINT with Jury Demand against Norfolk Southern Railroad Company( Filing fee $ 402 receipt number 0755-4628890.), filed by Mark DeLeon. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Brugess, George) |
| **NEW CASE, MOTION PENDING** Judge Philip P Simon and Magistrate Judge Joshua P Kolar added. (mlc) |
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