KERR v. NORFOLK SOUTHERN CORPORATION
Plaintiff: Koaldon Kerr
Defendant: Norfolk Southern Corporation and ERIC WATKINS
Case Number: 1:2022cv01289
Filed: June 28, 2022
Court: US District Court for the Southern District of Indiana
Presiding Judge: Tim A Baker
Referring Judge: Tanya Walton Pratt
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Tort/Motor Vehicle (P.I.)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 27, 2022 Filing 19 Clerk of the Fountain County Court acknowledges receipt of remand documents on 7/22/2022 re #18 Transfer Letter to the Clerk of the Fountain Circuit Court County Court. (AKH) (Attachments: #1 Envelope) (AKH)
July 19, 2022 Filing 18 Transfer Letter to the Clerk of the Fountain Circuit Court County Court. Copies of case documents and docket enclosed. (AKH)
July 19, 2022 Opinion or Order Filing 17 CLOSED REMANDED/ORDER GRANTING PLAINTIFF'S MOTION TO REMAND - This Court, having examined Plaintiff's Motion to Remand [Dkt. #12 ], now GRANTS said motion and remands this action to FOUNTAIN CIRCUIT COURT under cause number 23C01-2206-CT-000196. Signed by Judge Tanya Walton Pratt on 7/19/2022.(AKH)
July 19, 2022 Filing 16 NOTICE of Appearance by Joseph Heavrin Harrison, III on behalf of Defendant ERIC WATKINS. (Harrison, Joseph)
July 19, 2022 Filing 15 NOTICE of Appearance by David A. Locke on behalf of Defendant ERIC WATKINS. (Locke, David)
July 18, 2022 Filing 14 Submission of Proposed Order Granting Plaintiff's Motion to Remand, re #12 MOTION to Remand , filed by Plaintiff KOALDON KERR. (Willsey, Steven)
July 15, 2022 Filing 13 RESPONSE to Motion re #12 MOTION to Remand of Non-Opposition, filed by Defendant NORFOLK SOUTHERN CORPORATION. (Locke, David)
July 14, 2022 Filing 12 MOTION to Remand , filed by Plaintiff KOALDON KERR. (Attachments: #1 Exhibit Exhibit 1: Exhibit Declaration, #2 Exhibit Exhibit A: Watkins Service Card, #3 Exhibit Exhibit B: Watkins Service Tracking, #4 Exhibit Exhibit C: Summons and Complaint Watkins, #5 Exhibit Exhibit D: Notice of E-Filing of Removal)(Willsey, Steven)
July 11, 2022 Filing 11 RETURN of Service, filed by KOALDON KERR. NORFOLK SOUTHERN CORPORATION served on 6/22/2022. (Attachments: #1 Receipt Envelope and Receipt - Norfolk, #2 Proposed Summons Summons - Norfolk)(Willsey, Steven)
July 11, 2022 Filing 10 RETURN of Service, filed by KOALDON KERR. ERIC WATKINS served on 6/28/2022. (Attachments: #1 Receipt Proof of Service B - E. Watkins, #2 Proposed Summons Summons - E. Watkins)(Willsey, Steven)
July 8, 2022 Filing 9 NOTICE of Parties First Extension of Time, filed by Defendant NORFOLK SOUTHERN CORPORATION (Harrison, Joseph) Modified on 7/11/2022 (AKH).
July 6, 2022 Opinion or Order Filing 8 ENTRY ON JURISDICTION - It has come to the Court's attention that Defendant's Notice of Removal fails to allege all of the facts necessary to determine whether this Court has subject matter jurisdiction over this case. The Notice of Removal states that this Court has jurisdiction based upon diversity of citizenship. However, the Notice of Removal fails to sufficiently allege jurisdictional prerequisites. Citizenship is the operative consideration for jurisdictional purposes. As the party asking this Court to invoke its jurisdiction, Defendant must properly allege the jurisdictional prerequisites to establish subject matter jurisdiction. Therefore, the Defendant is ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This statement should specifically identify the citizenship of the parties and the amount in controversy. This jurisdictional statement is due fourteen (14) days from the date of this Entry. (See Order). Signed by Judge Tanya Walton Pratt on 7/6/2022. (AKH)
July 6, 2022 Filing 7 NOTICE of Appearance by Joseph Heavrin Harrison, III on behalf of Defendant NORFOLK SOUTHERN CORPORATION. (Harrison, Joseph)
June 30, 2022 Filing 6 EXHIBIT re #1 Notice of Removal by NORFOLK SOUTHERN CORPORATION. (Attachments: #1 State Court Record Docket Sheet, Appearance, Summons to Norfolk, Summons to Watkins, Complaint, #2 Complaint, #3 Civil Cover Sheet)(Locke, David)
June 29, 2022 Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
June 28, 2022 Filing 4 CERTIFICATE of Counsel re #1 Notice of Removal by David A. Locke on behalf of Norfolk Southern Corporation (Locke, David)
June 28, 2022 Filing 3 Corporate Disclosure Statement by Norfolk Southern Corporation. (Locke, David)
June 28, 2022 Filing 2 NOTICE of Appearance by David A. Locke on behalf of Defendant Norfolk Southern Corporation. (Locke, David)
June 28, 2022 Filing 1 NOTICE OF REMOVAL from Fountain Circuit Court, case number 23C01-2206-CT-00196, filed by Norfolk Southern Corporation. (Filing fee $402, receipt number BINSDC-7165555) (Attachments: #1 State Court Record State Court Process, #2 Civil Cover Sheet Civil Cover Sheet)(Locke, David)

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Plaintiff: Koaldon Kerr
Represented By: Steven Edward Willsey
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Defendant: Norfolk Southern Corporation
Represented By: David A. Locke
Represented By: Joseph Heavrin Harrison, III
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Defendant: ERIC WATKINS
Represented By: David A. Locke
Represented By: Joseph Heavrin Harrison, III
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