Mitts et al v. The Cincinnati, New Orleans and Texas Pacific Railway Company et al
Plaintiff: Robert Mitts
Defendant: Norfolk Southern Railway Company, Norfolk Southern Corporation and The Cincinnati, New Orleans and Texas Pacific Railway Company doing business as Norfolk Southern
Case Number: 2:2021cv00028
Filed: March 2, 2021
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: David L Bunning
Referring Judge: Candace J Smith
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2021 Filing 13 CERTIFICATE OF SERVICE for Rule 26(a)(1) Disclosures by Norfolk Southern Corporation, Norfolk Southern Railway Company, The Cincinnati, New Orleans and Texas Pacific Railway Company.(Bolen, James)
March 22, 2021 Opinion or Order Filing 12 SCHEDULING ORDER:(1) Rule 26(a)(1) Initial Disclosures on or before April 16, 2021.These disclosures should not be filed in the Court record. (2) Motion to Join Parties/Amend Pleadings on or before December 4, 2021. (3) Rule 26(a)(2) Expert Witness Disclosures Deadline for Plaintiffs on or before December 6, 2021. Deadline for Defendants on or before January 10, 2022. Deadline for Rebuttal Experts on or before March 10, 2022. These reports should not be filed in the Court record. Supplementation of expert information as required by Rule 26(e)(2) will be made in conjunction with Rule 26(a)(3) pretrial disclosures. (4) All Discovery on or before March 20, 2022. (5) Status Report on or before March 20, 2022 (close of discovery). This report should indicate the progress of the case and the status of settlement negotiations, the likelihood of settlement, and the feasibility of alternative dispute resolution, including the parties views on the method of. Signed by Judge David L. Bunning on 3/22/21.(KRB)cc: COR
March 19, 2021 Filing 11 JOINT REPORT of Rule 26(f) Planning Meeting. (Bolen, James)
March 5, 2021 Opinion or Order Filing 10 ORDER FOR MEETING AND REPORT: (1) Within twenty-one (21) days from the date of the entry of this Order, the parties, by counsel, shall meet, either in person or by telephone, to discuss the nature and basis of their claims and defenses, and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures required by Rule 26(a)(1) of the Federal Rules of Civil Procedure, and to develop a proposed discovery plan. See Fed. R. Civ. P. 26(f). (2) Within ten (10) days after the meeting, the parties shall file a joint status report. (3) Should the parties find that a joint report is not possible, the parties shall each file individual reports, which the Court shall entertain for the purposes of setting out its Scheduling Order or other appropriate Orders. Signed by Judge David L. Bunning on 3/5/2021. (Attachments: #1 MJ Consent Form)(KRB)cc: COR
March 4, 2021 Filing 9 FRCP 7.1 DISCLOSURE STATEMENT by Norfolk Southern Railway Company. (Bolen, James)
March 4, 2021 Filing 8 FRCP 7.1 DISCLOSURE STATEMENT by Norfolk Southern Corporation. (Bolen, James)
March 4, 2021 Filing 7 FRCP 7.1 DISCLOSURE STATEMENT by The Cincinnati, New Orleans and Texas Pacific Railway Company. (Bolen, James)
March 4, 2021 ***FILE SUBMITTED TO CHAMBERS of District Judge David L. Bunning for review: #5 Answer to Complaint (KRB)
March 4, 2021 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: #1 Notice of Removal,, (KRB)
March 3, 2021 Filing 6 NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: INCORRECT document attached to docket entry by docket clerk; Incorrect ORDER attached to docket entry re #3 Order; Correct document attached to this entry. *TZ* cc: COR (ECO)
March 3, 2021 NOTICE OF MANDATORY ECF DIRECTED TO Olivia Keller: an Order was mailed to a non-registered attorney, which is in violation of the Federal Rules of Civil Procedure. The referenced document is: #3 Standing Referral Order. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. Failure to comply may result in this matter being submitted to the Chief Judge. cc: COR, Olivia Keller by US Mail with ECF Registration Form (ECO)
March 2, 2021 Filing 5 ANSWER to Complaint by Norfolk Southern Corporation, Norfolk Southern Railway Company, The Cincinnati, New Orleans and Texas Pacific Railway Company.(Bolen, James)
March 2, 2021 Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, James Bolen. #1 Notice of Removal,, has been filed by The Cincinnati, New Orleans and Texas Pacific Railway Company; Norfolk Southern Railway Company; Norfolk Southern Corporation without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (ECO)
March 2, 2021 Opinion or Order Filing 3 STANDING REFERRAL ORDER: 1) Case referred to assigned U.S. Magistrate Judge at Covington to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, except motions in limine. Dispositive motions and motions in limine will be referred to the undersigned. The final pretrial conference and trial will also be before the undersigned, unless parties agree to a trial by a Magistrate Judge; 3) Discovery disputes shall be resolved in the following manner: (1) Parties to meet/confer in an attempt to resolve disputes; (2) If parties unable to resolve such disputes formally, they shall attempt to resolve their disagreements by telephone conference with the Magistrate Judge; 3) If parties unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court, which shall include the certification required. Signed by Judge David L. Bunning on 1/13/2011.(ECO)cc: COR (TJZ).
March 2, 2021 Filing 1 NOTICE OF REMOVAL from Grant Circuit Court, case number 21-CI-00035. ( Filing fee $402; receipt number 0643-4909783), filed by The Cincinnati, New Orleans and Texas Pacific Railway Company, Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: #1 Exhibit A-WT&C Corporation Service of Process, #2 Exhibit B-WT&C Corporation Services, #3 Exhibit C-Plaintiff's Complaint, #4 Exhibit D-Grant County, Kentucky PVA Printout, #5 Exhibit E-Correspondence, #6 Exhibit F-State Court Docket Sheet and Pleadings, #7 Civil Cover Sheet)(ECO)
March 2, 2021 Conflict Check run. (ECO)

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Defendant: Norfolk Southern Railway Company
Represented By: James David Bolen, Jr.
Represented By: Lindsey Jayne Boyd
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Defendant: Norfolk Southern Corporation
Represented By: James David Bolen, Jr.
Represented By: Lindsey Jayne Boyd
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Defendant: The Cincinnati, New Orleans and Texas Pacific Railway Company doing business as Norfolk Southern
Represented By: James David Bolen, Jr.
Represented By: Lindsey Jayne Boyd
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Plaintiff: Robert Mitts
Represented By: Ryan M. McLane
Represented By: Olivia Christine Keller
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