Tucker v. Illinois Central Railroad Co. et al
| Margaret Tucker |
| Illinois Central Railroad Co., Illiana Central Railroad, Canadian National Railway Company (improperly sued as Canadian National Railway, Canadian National Railway Company and Wisconsin Central Railroad |
| Richard McDevitt |
| 2:2021cv00387 |
| December 16, 2021 |
| 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 February 7, 2022. A more recent docket listing may be available from PACER.
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Filing 30
ORDER granting #29 Application to Appear Pro Hac Vice of Attorney Alfred E Koehler PHV, III for Canadian National Railway Company, Illinois Central Railroad Co, and Wisconsin Central Railroad Ltd. Signed by Magistrate Judge Joshua P Kolar on 2/7/2022. (ace)
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| Filing 29 Application for Attorney Alfred Emil Koehler to Appear Pro Hac Vice on behalf of Wisconsin Central, Ltd., Illinois Central Railroad Co. and Canadian National Railway Company. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-4824550(Koehler PHV, Alfred) |
| Filing 28 ANSWER to #26 Amended Complaint and Affirmative Defenses by Wisconsin Central Railroad.(Ver Steeg, Matthew) |
| Filing 27 NOTICE of Appearance by Matthew S Ver Steeg on behalf of Wisconsin Central Railroad (Ver Steeg, Matthew) |
| Filing 26 AMENDED COMPLAINT (Second) against All Defendants, filed by Margaret Tucker. (Attachments: #1 Proposed Summons)(Schafer, Timothy) |
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Filing 25
MINUTE ORDER: In the interest of justice, pursuant to Fed. R. Civ. P. 15(a) (2), and noting the agreement of the parties, the Court hereby GRANTS #24 Second Motion for Leave to Amend Complaint and ORDERS Plaintiff to separately file the Second Amended Complaint upon receipt of this order. Approved by Magistrate Judge Joshua P Kolar on 1/31/2022. Text entry order. (tc)
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| Filing 24 Second MOTION to Amend/Correct #23 Amended Complaint, #3 State Court Complaint, by Plaintiff Margaret Tucker. (Schafer, Timothy) |
| Filing 23 AMENDED COMPLAINT against Canadian National Railway Company, Illiana Central Railroad, Illinois Central Railroad Co., filed by Margaret Tucker.(Schafer, Timothy) |
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Filing 22
ORDER: Pursuant to Fed. R. Civ. P. 15(a)(1)(B), the Court hereby GRANTS #21 Motion to Amend Complaint and ORDERS Plaintiff to separately file the Amended Complaint upon receipt of this order. Approved by Magistrate Judge Joshua P Kolar on 1/27/2022. Text entry order. (tc)
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| Filing 21 First MOTION to Amend/Correct #3 State Court Complaint, by Plaintiff Margaret Tucker. (Attachments: #1 Exhibit A)(Schafer, Timothy) |
| Filing 20 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 1/26/2022, before Magistrate Judge Joshua P Kolar. Pla appeared by atty Timothy Schafer, II. Dfts appeared by attys Eric Skwiat, Alfred Koehler. The Report filed as DE #19 is ADOPTED as follows: Initial Disclosures to be exchanged by 3/11/2022. All discovery to be completed by 6/30/2023. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 3/24/2023. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 4/28/2023. The last date to seek leave of court to join additional parties and to amend the pleadings for Pltf is 5/27/2022; for Dfts is 7/27/2022. Plaintiff advises a motion to amend the complaint is forthcoming. Parties anticipate the case should be ready for a 5 day jury trial Spring 2024. Richard McDevitt 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 2/16/2022. All other dates/ddls to be set by presiding judge at a later time. (Tape #ATT HOST 1.) (tc) |
| Filing 19 REPORT of Rule 26(f) Planning Meeting. (Skwiat, Eric) |
| Filing 18 NOTICE of Appearance by Alfred E Koehler PHV, III on behalf of Illinois Central Railroad Co. (Koehler PHV, Alfred) |
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Filing 17
ORDER: Finding good cause shown and noting the parties' agreement, the Court GRANTS #16 Defendants' Second Agreed Motion for Extension of Time to Respond. Defendants Canadian National Railway Company and Illinois Central Railroad Co. to respond to the Complaint by 1/20/2022. Approved by Magistrate Judge Joshua P Kolar on 1/14/2022. Text entry order. (tc)
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| Filing 16 Second MOTION for Extension of Time to File Answer re #3 State Court Complaint, by Defendants Canadian National Railway Company, Illinois Central Railroad Co. (Ver Steeg, Matthew) Modified on 1/14/2022 (tc). |
| Filing 15 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (tc) |
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Filing 14
ORDER: Telephonic Rule 16 Preliminary Pretrial Conference set for 1/26/2022 09:30 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 1/6/2022. (tc)
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| Filing 13 NOTICE of Appearance by Timothy S Schafer on behalf of Margaret Tucker (Schafer, Timothy) |
| Filing 12 NOTICE of Appearance by Timothy S Schafer, II on behalf of Margaret Tucker (Schafer, Timothy) |
| Filing 11 NOTICE of Appearance by Todd S Schafer on behalf of Margaret Tucker (Schafer, Todd) |
| Filing 10 STATE COURT RECORD RECEIVED (docket sheet). State Court Case No. 45D01-2110-CT-001018. (nal) |
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Filing 9
ORDER: Finding good cause shown and noting the parties' agreement, the Court GRANTS #8 Agreed Motion for Extension of Time to Respond. Defendants' response to the Complaint is due by 1/13/2022. Approved by Magistrate Judge Joshua P Kolar on 12/22/2021. Text entry order. (tc)
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| Filing 8 MOTION for Extension of Time to File Answer or File Other Responsive Pleading (Agreed) by Defendants Canadian National Railway Company, Illinois Central Railroad Co.. (Skwiat, Eric) |
| Filing 7 NOTICE of Appearance by Eric J Skwiat on behalf of Illinois Central Railroad Co. (Skwiat, Eric) |
| Filing 6 NOTICE of Appearance by Eric J Skwiat on behalf of Canadian National Railway Company (Skwiat, Eric) |
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Filing 5
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 12/20/2021. (tc)
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| Filing 4 NOTICE of Appearance by Matthew S Ver Steeg on behalf of Canadian National Railway Company, Illinois Central Railroad Co. (Ver Steeg, Matthew) |
| **NEW CASE** Judge Theresa L Springmann and Magistrate Judge Joshua P Kolar added. (nhc) |
| Filing 2 NOTICE of Appearance by Eric J Skwiat on behalf of Canadian National Railway Company (improperly sued as Canadian National Railway (Skwiat, Eric) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number AINNDC-4781808.) from Lake Superior Court, Indiana, Cause No. 45D01-2110-CT-001018, filed by Canadian National Railway Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Skwiat, Eric) |
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