Norfolk Southern Railway Company v. Tobergte et al
| Norfolk Southern Railway Company |
| Kevin Tobergte and Andrew . Hall |
| 5:2018cv00207 |
| April 5, 2018 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Scott |
| Karen K. Caldwell |
| Other Personal Property Damage |
| 28 U.S.C. ยง 1332 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
257
OPINION & ORDER: Norfolk Southern Railway Company's 239 Renewed Motion for Judgment as a Matter of Law or, in alternative, Motion for a Limited New Trial is DENIED. Signed by Judge Karen K. Caldwell on 03/13/2023. (DC) cc: COR
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Filing
233
ORDER & OPINION: (1) GRANTING IN PART & DENYING IN PART Hall & Tobergte's 121 JOINT MOTION to Dismiss &/or Strike Count II & MOTION for Costs; granting the motion to extent that it asks the court to strike pla's 1st Amended Complaint ; denying the motion to extent it asks the court to dismiss pla's 1st Amended Complaint; motion for sanctions is DISMISSED WITHOUT PREJUDICE; (2) pla's 117 First amended Complaint is STRICKEN; (3) GRANTING IN PART & DENYING IN PART pla� 39;s 124 MOTION to Dismiss & MOTION to Strike & MOTION for Costs; granting motion to extent that it asks the court to strike dfts' answer to pla's 1st Amended Complaint; denying the motion to extent it asks the court to dismiss dfts' ; answers; the motion for sanctions is DISMISSED WITHOUT PREJUDICE; (4) dft Tobergte's 119 Answer to pla's 1st Amended Complaint & Counterclaim & dft Hall's 122 Answer to pla's 1st Amended Complaint & Counterclaim & jury demand are STRICKEN. Signed by Judge Karen K. Caldwell on 3/11/22.(KJR)cc: COR
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Filing
232
OPINION AND ORDER: Count three of Dft Hall's counterclaim (DE 23 at p.14) is hereby DISMISSED WITH PREJUDICE. Signed by Judge Karen K. Caldwell on 3/10/2022.(SLH)cc: COR
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Filing
202
OPINION & ORDER: 1) Court shall reserve ruling on the parties' objections to exhibits and witnesses. The parties may make contemporaneous objections and the Court will resolve those objections with the benefit of the context of trial. 2) The parties' 138 , 139 , 140 , 141 , 142 , 152 and 171 Motions in Limine are GRANTED IN PART and DENIED IN PART. Signed by Judge Karen K. Caldwell on 02/23/2022. (MDC) cc: COR
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Filing
114
ORDER AND OPINION: Court ORDERS as follows: 1) Pla Norfolk Southern Railway Company's 78 MOTION for Partial Summary Judgment is GRANT IN PART and DENIED IN PART. Court GRANTS the motion as to Dfts's PTC-related FELA counterclaims, training- and supervision-related FELA counterclaims, dispatch and signal system-related FELA counterclaims, and LIA counterclaims. Those counterclaims are DISMISSED from this action. Court DENIES the motion as to Dft's FELA counterclaim s related to the response of Train M74's crew; 2) Pla's 103 MOTION for Leave to file a first amended complaint is GRANTED IN PART and DENIED IN PART. Court GRANTS the motion to the extent that the proposed first amended complaint o mits claims for the removal of petroleum from the collision site under Count I and indemnity claims for third-party adjacent landowners and customers under Count II. Court DENIES the motion to the extent that the proposed first amended complain t adds a new indemnity claim for settlements paid to third-party owners of damaged rail equipment; and 3) Pla SHALL file a first amended complaint in conformance with this Order and Opinion. Signed by Judge Karen K. Caldwell on 02/04/2021. (MDC) cc: COR
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Filing
75
OPINION AND ORDER: Dft Hall's 52 Motion for Partial Summary Judgment is DENIED. Recognizing that Defendant Hall may have suffered certain costs as a result of Plaintiff's confusing and inconsistent conduct, the Court will take under consideration any appropriate motion for sanctions, should one be filed. Signed by Judge Karen K. Caldwell on 4/18/2020. (STC)cc: COR
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Filing
21
ORDER & OPINION: For reasons stated in the Order & Opinion, the Court denies Andrew Hall's 8 MOTION to Dismiss for failure to state a claim & Kevin Tobergate's 11 FIRST MOTION to Dismiss. Signed by Judge Karen K. Caldwell on 12/10/2018.(JJ)cc: COR
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