ECKLES v. CSX TRANSPORTATION, INC.
Plaintiff: TERRY J. ECKLES
Defendant: CSX TRANSPORTATION, INC.
Case Number: 1:2009cv00731
Filed: June 15, 2009
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
County: Marion
Presiding Judge: Debra McVicker Lynch
Referring Judge: Jane Magnus-Stinson
Nature of Suit: Civil Rights: Other
Cause of Action: 29 U.S.C. § 621
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 12, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 12, 2010 Filing 51 FINAL JUDGMENT. The Court now enters FINAL JUDGMENT in favor of the Defendant and against the Plaintiff, such that Plaintiff shall take nothing by way of his Complaint. Signed by Judge Jane Magnus-Stinson on 11/12/2010.(LBK)
November 12, 2010 Opinion or Order Filing 50 ORDER. For the reasons discussed herein, the Court GRANTS CSX's motion for summary judgment, [dkt. 28], and DENIES Mr. Eckles' cross-motion for summary judgment, [dkt. 43]. Final judgment shall now issue in favor of CSX and against Mr. Eckles on all counts of Mr. Eckles' Complaint. Mr. Eckles' motion to continue the trial date, [dkt. 49], is DENIED AS MOOT. Signed by Judge Jane Magnus-Stinson on 11/12/2010. (LBK)
November 11, 2010 Filing 49 First MOTION Continue Trial and Pre-Trial Dates, filed by Plaintiff TERRY J. ECKLES. (Attachments: #1 Text of Proposed Order Continue Trial Date)(Emry, John)
October 18, 2010 Opinion or Order Filing 48 ORDER granting #46 Motion to Seal Attachment 45-1 to #45 Reply in Support of Motion. Signed by Magistrate Judge Debra McVicker Lynch on 10/18/2010. (TMA)
October 12, 2010 Filing 47 REDACTION to Exhibit 1 of Document #45 Reply in Support of Motion by CSX TRANSPORTATION, INC. (Lewis, John) Modified to correct document title on 10/13/2010 (LBK).
October 12, 2010 Filing 46 MOTION to Seal Attachment 1 to Document #45 Reply in Support of Motion and for Leave to Submit Redacted Attachment, filed by Defendant CSX TRANSPORTATION, INC. (Attachments: #1 Text of Proposed Order)(Lewis, John) Modified to clarify document title on 10/13/2010 (LBK).
October 11, 2010 Filing 45 REPLY in Support of Motion re #28 MOTION for Summary Judgment, filed by Defendant CSX TRANSPORTATION, INC. (Attachments: # (1) Eckles Medical Records)(Lewis, John) Modified to seal attachment due to personal identifiers, per counsel, on 10/12/2010 (LBK). Modified on 10/19/2010 (TMA). *** ATTACHMENT ONE SEALED PER #48 ORDER OF 10/18/10 ***
September 10, 2010 Filing 44 RESPONSE in Opposition re #43 Cross MOTION for Summary Judgment Partial, #28 MOTION for Summary Judgment Supporting Cross Motion, filed by Plaintiff TERRY J. ECKLES. (Attachments: #1 Exhibit Pltf Exh 1, Affidavit Eckles, #2 Exhibit Pltf Exh 2, Eckles Dep selected pages)(Emry, John)
September 10, 2010 Filing 43 Cross MOTION for Summary Judgment Partial, filed by Plaintiff TERRY J. ECKLES. (Emry, John)
August 25, 2010 Opinion or Order Filing 42 ORDER granting #39 Motion for Extension of Time to 10/29/10 to take the deposition of the plaintiff's treating physician. Signed by Magistrate Judge Debra McVicker Lynch on 8/25/2010. (TMA)
August 24, 2010 Opinion or Order Filing 41 ORDER granting #40 Motion for Extension of Time to 9/10/2010 to File Response to #28 MOTION for Summary Judgment. Signed by Judge Jane Magnus-Stinson on 8/24/2010. (LBK)
August 20, 2010 Filing 40 First MOTION for Extension of Time to 9/10/2010 to file response to #28 MOTION for Summary Judgment, filed by Plaintiff TERRY J. ECKLES. (Attachments: #1 Text of Proposed Order)(Emry, John)
August 20, 2010 Filing 39 Unopposed MOTION for Extension of Time to October 29, 2010 for Deposition of Plaintiff's Treating Physician, filed by Defendant CSX TRANSPORTATION, INC. (Attachments: #1 Text of Proposed Order Granting Defendant's Motion to Extend Deadline for Deposition of Treating Physician)(McIntyre, Michael) Modified to remove double wording in docket text on 8/23/2010 (LBK).
August 16, 2010 Filing 38 Exhibit List and Final Witness List, filed by Defendant CSX TRANSPORTATION, INC.. (Lewis, John)
August 13, 2010 Filing 37 Witness List and Exhibit List Final, filed by Plaintiff TERRY J. ECKLES. (Emry, John)
July 20, 2010 Filing 36 PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (LBK)
July 19, 2010 Opinion or Order Filing 35 ORDER RESETTING TRIAL AND FINAL PRETRIAL CONFERENCE - Final Pretrial Conference is VACATED AND RESET set for 12/16/2010 at 01:00 PM in room #349 before Judge Jane Magnus-Stinson. Jury Trial set for 1/10/2011 at 09:00 AM in room #349 before Judge Jane Magnus-Stinson. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan [dkt. 13]. Signed by Judge Jane Magnus-Stinson on 7/19/2010.(LBK)
July 15, 2010 Filing 34 Minute Entry for proceedings held before Magistrate Judge Debra McVicker Lynch: On July 14, 2010, the plaintiff appeared in person and with counsel for a hearing on plaintiff's counsel's motion for leave to withdraw his appearance. Counsel for the plaintiff moved to withdraw his motion to withdraw appearance, and the court GRANTED that motion. Therefore, the motion for leave to withdraw appearance (Dkt. #25) is WITHDRAWN. The court lifts the stay on the briefing of the defendant's Motion for Summary Judgment (Dkt. #28). The plaintiff's response to the defendant's Motion for Summary Judgment is due on or before August 27, 2010. Signed by Magistrate Judge Debra McVicker Lynch. (TMA)
June 22, 2010 Opinion or Order Filing 33 SCHEDULING ORDER: This case is set for a hearing on the plaintiff's counsel's Motion to Withdraw as attorney (Dkt. #25) on July 14, 2010, at 3:00 p.m., in Room 272, before Magistrate Judge Debra McVicker Lynch. The plaintiff is ordered to appear in person and by counsel. The deadline for responding to the defendants' Motion for Summary Judgment (Dkt. #28) is STAYED pending the hearing. Signed by Magistrate Judge Debra McVicker Lynch on 6/22/2010. (TMA)
June 16, 2010 Filing 32 Reassignment of Case to Judge Jane Magnus-Stinson. Judge Larry J. McKinney no longer assigned to the case. Please include the new case number (1:09-cv-00731-JMS-DML), which includes the initials of the newly assigned judge, on all future filings in this matter. (JD)
June 15, 2010 Filing 31 NOTICE of Filing Deposition Transcript of Plaintiff Terry J. Eckles by CSX TRANSPORTATION, INC. (Attachments: #1 Depo Transcript pp. 1-50, #2 Depo Transcript pp. 51-100, #3 Depo Transcript pp. 101-150, #4 Depo Transcript pp. 151-200, #5 Depo Transcript pp. 201-235, #6 Deposition Exhibits A, B and D - W, #7 Deposition Exhibits X - KK, #8 Deposition Exhibits LL - NN) (Lewis, John)
June 15, 2010 Filing 30 Submission Proposed Order, filed by Defendant CSX TRANSPORTATION, INC.. (Lewis, John)
June 15, 2010 Filing 29 BRIEF/MEMORANDUM in Support re #28 MOTION for Summary Judgment, filed by Defendant CSX TRANSPORTATION, INC.. (Lewis, John)
June 15, 2010 Filing 28 MOTION for Summary Judgment, filed by Defendant CSX TRANSPORTATION, INC.. (Attachments: #1 Exhibit Eckles' Deposition Excerpts, #2 Exhibit Eckles' Deposition Exhibits, #3 Exhibit Declaration of Shannon R. Farling and Addenda Part I, #4 Exhibit Declaration of Shannon R. Farling and Addenda Part II, #5 Exhibit Declaration of Donna Hinken and Addendum, #6 Exhibit Unreported Decisions)(Lewis, John)
June 9, 2010 Opinion or Order Filing 27 ORDER granting #26 Motion for Extension of Time to File. Defendant may take the deposition of Plaintiff's treating physician within 60 days after the court rules on the plaintiff's Motion to Withdraw as Attorney. Signed by Magistrate Judge Debra McVicker Lynch on 6/9/2010. (LH)
June 8, 2010 Filing 26 MOTION for Extension of Time to Extend Deadline for Deposition of Treating Physician, filed by Defendant CSX TRANSPORTATION, INC.. (Attachments: #1 Text of Proposed Order)(McIntyre, Michael)
May 20, 2010 Filing 25 MOTION to Withdraw as Attorney for Plaintiff, filed by Plaintiff TERRY J. ECKLES. (Attachments: #1 Text of Proposed Order Order)(Emry, John)
April 29, 2010 Opinion or Order Filing 24 ORDER granting #22 Motion to extend dispositive motions- Dispositive Motions due by 6/15/2010.. Signed by Magistrate Judge Debra McVicker Lynch on 4/29/2010. (CBU)
April 28, 2010 Filing 23 BRIEF/MEMORANDUM in Support re #22 Unopposed MOTION to Amend/Correct #13 Case Management Plan's Deadline for the Filing of Dispositive Motions, filed by Defendant CSX TRANSPORTATION, INC. (McIntyre, Michael) Modified on 4/29/2010 (TRG).
April 28, 2010 Filing 22 Unopposed MOTION to Amend/Correct #13 Case Management Plan's Deadline for the Filing of Dispositive Motions, filed by Defendant CSX TRANSPORTATION, INC. (Attachments: #1 Text of Proposed Order)(McIntyre, Michael) Modified on 4/29/2010 (TRG).
January 20, 2010 Filing 21 Minute Entry for proceedings held before Magistrate Judge Debra McVicker Lynch: Telephone Status Conference held and concluded on 1/19/2010. (TMA)
December 15, 2009 Filing 20 Witness List and Exhibit List, filed by Defendant CSX TRANSPORTATION, INC.. (Lewis, John)
November 29, 2009 Filing 19 Reassignment of Case to Judge Larry J. McKinney. Judge David Frank Hamilton no longer assigned to the case. Please include the new case number ( 1:09-cv-00731-LJM-DML), which includes the initials of the newly assigned judge, on all future filings in this matter. (TRG)
November 13, 2009 Filing 18 Exhibit List Corrected, filed by Plaintiff TERRY J. ECKLES, Witness List Corrected, filed by Plaintiff TERRY J. ECKLES. (Emry, John)
November 13, 2009 Filing 17 Disregard - This docket entry contains page 1 only. See dkt. no. 18 for complete "Corrected" document. Exhibit List, filed by Plaintiff TERRY J. ECKLES, Witness List, filed by Plaintiff TERRY J. ECKLES. (Emry, John) Modified on 11/16/2009 (LBK).
September 9, 2009 Filing 16 ENTRY ON FINAL PRETRIAL CONFERENCE AND TRIAL SETTING. Final Pretrial Conference set for 12/30/2010 at 10:00 AM in room #330 before Judge David Frank Hamilton. Jury Trial set for 1/10/2011 at 09:00 AM in room #344 before Judge David Frank Hamilton. Signed by Judge David Frank Hamilton on 9/9/2009. (LBK)
September 9, 2009 Filing 15 NOTICE of Appearance by John B. Lewis on behalf of Defendant CSX TRANSPORTATION, INC.. (Lewis, John)
September 8, 2009 Filing 14 Minute Entry for proceedings held before Magistrate Judge Debra McVicker Lynch: Initial Pretrial Conference held on 9/8/2009. Telephonic Status Conference set for 1/19/2010, at 10:30 AM, before Magistrate Judge Debra McVicker Lynch. Counsel are to contact the court at 317.229.3630 to participate. (LH)
September 8, 2009 Opinion or Order Filing 13 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Discovery due by 1/15/2010. Dispositive Motions due by 5/15/2010. Signed by Magistrate Judge Debra McVicker Lynch on 9/8/2009.(PG)
August 30, 2009 Filing 12 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff TERRY J. ECKLES. (Attachments: #1 Supplement Summary of CMP)(Emry, John)
August 7, 2009 Opinion or Order Filing 11 SCHEDULING ORDER: Initial Pretrial Conference set for 9/8/2009 02:30 PM in room #316 before Magistrate Judge Debra McVicker Lynch. Signed by Magistrate Judge Debra McVicker Lynch on 8/7/2009. (TMA)
August 6, 2009 Filing 10 Corporate Disclosure Statement by CSX TRANSPORTATION, INC. identifying Corporate Parent CSX CORPORATION for CSX TRANSPORTATION, INC... (McIntyre, Michael)
August 6, 2009 Filing 9 Defendant's ANSWER to #1 Complaint, filed by CSX TRANSPORTATION, INC..(McIntyre, Michael)
July 2, 2009 Filing 8 NOTICE of Parties' First Extension of Time, filed by Defendant CSX TRANSPORTATION, INC.. (McIntyre, Michael)
July 2, 2009 Filing 7 NOTICE of Appearance by Michael Scott McIntyre on behalf of Defendant CSX TRANSPORTATION, INC.. (McIntyre, Michael)
June 24, 2009 Filing 6 RETURN of Service by CMRRR, filed by TERRY J. ECKLES. CSX TRANSPORTATION, INC. served on 6/19/2009. (Emry, John)
June 15, 2009 Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JD)
June 15, 2009 Filing 4 Summons Issued as to CSX TRANSPORTATION, INC, MICHAEL J. WARD. (JD)
June 15, 2009 Filing 3 RECEIPT #IP013132 in the amount of $ 350.00 (JD)
June 15, 2009 Filing 2 CIVIL COVER SHEET, filed by Plaintiff TERRY J. ECKLES. (JD)
June 15, 2009 Filing 1 COMPLAINT against CSX TRANSPORTATION, INC. with Jury Demand, filed by TERRY J. ECKLES.(JD)

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Plaintiff: TERRY J. ECKLES
Represented By: John William Emry, Jr
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Defendant: CSX TRANSPORTATION, INC.
Represented By: Michael Scott McIntyre
Represented By: John B. Lewis
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