Dawn et al v. Muething et al
| Victor Dawn and Kathy Sue Dawn |
| Paul Muething, Paul Sylvester, Charles Luken, Mark Mallory, Amy Murray, Cincinnati, New Orleans and Texas Pacific Railway Company and Norfolk Southern Corporation |
| 2:2022cv00097 |
| August 8, 2022 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| Candace J Smith |
| Torts to Land |
| 28 U.S.C. § 1441 Petition for Removal- Torts to Land |
| Both |
Docket Report
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Filing 13
SCHEDULING ORDER:(A) DEADLINES AND CASE SCHEDULE (SEE ORDER FOR DETAILS)(1) Rule 26(a)(1) disclosures by October 27, 2022 (2) Amended pleadings by consent or motion and/or motions to join parties from Plaintiffs by January 16, 2023 from Defendants by February 22, 2023 (3) Preliminary preemption/liability discovery and Status Report by May 1, 2023 (4) Rule 26(a)(2)(A) liability expert identity disclosure accompanied by either (a)(2)(B) report or (a)(2)(C) summary disclosure from Plaintiffs by August 28, 2023 from Defendants by October 23, 2023 (5) Preliminary damages discovery and Status Report by September 11, 2023 (6) Rule 26(a)(2)(A) damages expert identity disclosure accompanied by either (a)(2)(B) report or (a)(2)(C) summary disclosure from Plaintiffs by September 28, 2023 from Defendants by November 21, 2023 (7) Rule 26(e) Supplementation by not later than January 29, 2024 (8) Completion of all discovery and Status Report by February 28, 2024 (9) Dispositive motions by November 17, 2023 Response due 35 days after service of a dispositive motion Reply due 25 days after service of a response to a dispositive motion. (10) Deadline extensions must be requested by joint or separate motion prior to expiration of the applicable deadline. B) DISCOVERY DISPUTE PROCEDURE (SEE ORDER). Signed by Magistrate Judge Candace J. Smith on 10/03/2022.(TDB)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #11 Report of Rule 26(f) Planning Meeting (ECO) |
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Filing 12
ORDER: that the above docket call be, and is hereby, CANCELLED, and this matter if REFERRED to the assigned United States Magistrate Judge for the entry of a scheduling order. Signed by Judge William O. Bertelsman on 9/9/2022.(ECO)cc: COR
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| Filing 11 JOINT REPORT of Rule 26(f) Planning Meeting. (Oehler, Kathiejane) |
| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #11 Report of Rule 26(f) Planning Meeting (ECO) |
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Filing 10
ORDER: that said Docket Call be, and hereby is, set for TUESDAY, SEPTEMBER 13, 2022 AT 1:00 P.M., to be held at the United States Courthouse, 35 West Fifth Street, Covington, Kentucky in the 5th Floor Courtroom. The parties shall confer and file a proposed scheduling order at least three (3) days before docket call. Counsel must attend the docket call in person and be sufficiently familiar with the case to answer any inquires the Court may have. Signed by Judge William O. Bertelsman on 8/29/2022.(ECO)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #8 Answer to Complaint, #9 Answer to Complaint, #7 Answer to Complaint (ECO) |
| Filing 9 ANSWER to Complaint by the Trustees of the Cincinnati Southern Railway by Charles Luken, Mark Mallory, Paul Muething, Amy Murray, Paul Sylvester.(Oehler, Kathiejane) |
| Filing 8 ANSWER to Complaint by Cincinnati, New Orleans and Texas Pacific Railway Company.(Oehler, Kathiejane) |
| Filing 7 ANSWER to Complaint by Norfolk Southern Corporation.(Oehler, Kathiejane) |
| Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by Norfolk Southern Corporation. (ECO) |
| Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by Cincinnati, New Orleans and Texas Pacific Railway Company identifying Other Affiliate Norfolk Southern Railway Company for Cincinnati, New Orleans and Texas Pacific Railway Company.. (ECO) |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Charles Luken, Mark Mallory, Paul Muething, Amy Murray, Paul Sylvester identifying Other Affiliate Cincinnati Southern Railway Company for Amy Murray, Charles Luken, Mark Mallory, Paul Muething, Paul Sylvester. (ECO) Modified to correct date on 8/9/2022 (ECO). |
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Filing 3
STANDING REFERRAL ORDER: 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings as required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 USC 636(c). Signed by Judge William O. Bertelsman on 6/18/2010.(ECO)cc: COR
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| Filing 1 NOTICE OF REMOVAL from Kenton Circuit Court, case number 22-CI-1005. ( Filing fee $402; receipt number AKYEDC-5332075), filed by Paul Sylvester, Norfolk Southern Corporation, Charles Luken, Amy Murray, Mark Mallory, Cincinnati, New Orleans and Texas Pacific Railway Company, Paul Muething. (Attachments: #1 Exhibit A-State Court Record, #2 Exhibit B- Arial Photo, #3 Civil Cover Sheet)(ECO) |
| Conflict Check run. (ECO) |
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