Gossom v. Union Pacific Railroad Company et al
| Jessica Gossom |
| Union Pacific Railroad Company, Lexair, Inc., Williams Plant Services, LLC, Trinity Industries Railcar Corporation, Progress Rail Services Corporation, URS Corporation, WorleyParsons Group, TTX Rail Services, Inc., TTX Company, Tennessee Valley Authority, Trinity Industries, Inc., Thomas Weatherby, Aecom Energy & Construction, Inc. and Brian Kirk Egner |
| 5:2019cv00033 |
| February 28, 2019 |
| US District Court for the Western District of Kentucky |
| Benjamin Beaton |
| Lanny King |
| Thomas B Russell |
| Greg N Stivers |
| Justin R Walker |
| P.I.: Other |
| 28:1441 |
| Both |
Docket Report
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This docket was last retrieved on January 5, 2021. A more recent docket listing may be available from PACER.
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Filing 142
TEXT ORDER by Judge Benjamin Beaton on 1/5/2021. The Court REINSTATES Defendant Union Pacific Railroad Company's Motion for Summary Judgment [DN #98 ] and Defendant Tennessee Valley Authority's Motion for Summary Judgment [DN #115 ] on the docket. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (KD)
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Filing 141
TEXT ORDER by Judge Benjamin Beaton on 12/22/2020. Under 28 U.S.C. 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge Lanny King for hearing and determining all pretrial matters, including non-dispositive motions. Judge King may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (KD)
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Filing 140
TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to GO 20-26, this matter is reassigned to the docket of Judge Benjamin Beaton for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
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| Filing 139 NOTICE Cancellation of the Thomas Weatherby deposition by Jessica Gossom (Gianaris, Ted) |
| Filing 138 NOTICE Cancellation of the Roger Lentz deposition by Jessica Gossom (Gianaris, Ted) |
| Filing 137 NOTICE Cancellation of Brian Egner Deposition by Jessica Gossom (Gianaris, Ted) |
| Filing 136 NOTICE of Appearance by Matthew A. Piekarski on behalf of Tennessee Valley Authority (Piekarski, Matthew) |
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Filing 135
TEXT ORDER by Chief Judge Greg N. Stivers (EBOC) on 11/30/2020. This matter is before the Court on "Union Pacific's Motion for Summary Judgment on Counts IV, VI, and VII" (DN #98 ) and "Tennessee Valley Authority's Motion for Summary Judgment" (DN #115 ); IT IS HEREBY ORDERED these motions are ADMINISTRATIVELY REMANDED to be reinstated by subsequent order. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD)
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| Filing 134 NOTICE of Videotaped Deposition of Roger Lentz 12.11.2020 by Jessica Gossom (Gianaris, Ted) |
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Filing 133
ORDER for proceedings held before Magistrate Judge Lanny King granting #132 Motion to Modify. Telephonic Status Conference held on 11/16/2020. Daubert Motion due by 8/16/2021. Discovery due by 6/15/2021. Dispositive Motions due by 8/16/2021. Expert Witness (Defendant) due by 4/16/2021. Expert Witness (Plaintiff) due by 2/15/2021. Motions to Compel due by 5/17/2021. Telephonic Status Conference set for 2/22/2021 at 09:30 AM before Magistrate Judge Lanny King. Counsel shall connect to the call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. cc: Counsel of Record (MNM)
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| Filing 132 MOTION to Modify by Plaintiff Jessica Gossom (Attachments: #1 Proposed Order Proposed Agreed Order Modifying Schedule, #2 Receipt Proof of Service) (Kohlburn, William) |
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Filing 131
ORDER signed by Chief Judge Greg N. Stivers on 10/19/2020. Granting #89 Motion for Judgment on the Pleadings; granting #92 Motion for Summary Judgment. cc: Counsel(KJA)
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Filing 130
ORDER signed by Magistrate Judge Lanny King on 10/14/2020 granting #129 Motion to Continue. Telephonic Status Conference is now set for 11/16/2020 at 02:00 PM Central time before Magistrate Judge Lanny King. Counsel shall connect to the call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. cc: Counsel(MNM)
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| Filing 129 MOTION to Continue Court's Telephonic Conference for October 19, 2020 by Defendant Lexair, Inc. (Attachments: #1 Proposed Order) (Jones, Edwin) |
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Filing 128
TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to the reassignment protocol set forth in GO 2020-16, this matter is reassigned to the docket of Chief Judge Greg N. Stivers for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel, CM-Stivers (KJA)
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| Filing 127 REPLY to Response to Motion re #115 MOTION for Summary Judgment filed by Tennessee Valley Authority. (Attachments: #1 Exhibit Kirk Kelley Dep. Excerpts, #2 Exhibit Shannon Benton Dep. Excerpts, #3 Exhibit Ex. 3 to Shannon Benton Dep., #4 Exhibit Benjamin Andrew Campbell Dep. Excerpts, #5 Exhibit Ex. 1 to Benjamin Andrew Campbell Dep., #6 Exhibit TVA's Resp. to Pl.'s Supp. Set of Interrogs., #7 Affidavit Decl. of Jeffrey Gardner, #8 Exhibit Byron Souza Dep. Excerpts, #9 Exhibit Mar. 21, 2019 Dep. Excerpts) (Koho, Frances) |
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Filing 126
Order for proceedings held before Magistrate Judge Lanny King: Telephonic Status Conference held on 7/13/2020. Telephonic Status Conference set for 10/19/2020 at 10:00 AM before Magistrate Judge Lanny King. Counsel shall connect to the call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. cc: Counsel of Record (MNM)
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| Filing 125 RESPONSE to Motion re #115 MOTION for Summary Judgment filed by Jessica Gossom. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Proof of Service, #9 Proposed Order Proposed Order) (Kohlburn, William) |
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Filing 124
ORDER signed by Magistrate Judge Lanny King on 6/22/2020. Denying #120 Motion to Vacate Unexpired Scheduling Order Deadlines. Discovery due by 4/15/2021. Dispositive Motions due by 6/15/2021. Expert Witness (Defendant) due by 2/16/2021. Expert Witness (Plaintiff) due by 12/15/2020. Motions due by 3/15/2021. cc: Counsel(KJA)
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| Filing 123 REPLY to Response to Motion re #120 MOTION to Vacate #80 Scheduling Conference,, Unexpired Scheduling Order Deadlines Pertaining to Plaintiff's Underlying Claims Pending Resolution of TVA's Motion for Summary Judgment filed by Tennessee Valley Authority. (Koho, Frances) |
| Filing 122 Proposed Order re #120 MOTION to Vacate #80 Scheduling Conference,, Unexpired Scheduling Order Deadlines Pertaining to Plaintiff's Underlying Claims Pending Resolution of TVA's Motion for Summary Judgment, #121 Response to Motion, by Jessica Gossom. (Kohlburn, William) |
| Filing 121 RESPONSE to Motion re #120 MOTION to Vacate #80 Scheduling Conference,, Unexpired Scheduling Order Deadlines Pertaining to Plaintiff's Underlying Claims Pending Resolution of TVA's Motion for Summary Judgment filed by Jessica Gossom. (Kohlburn, William) |
| Filing 120 MOTION to Vacate #80 Scheduling Conference,, Unexpired Scheduling Order Deadlines Pertaining to Plaintiff's Underlying Claims Pending Resolution of TVA's Motion for Summary Judgment by Defendant Tennessee Valley Authority (Attachments: #1 Exhibit Attach. 1 - Kelley v. TVA Scheduling Order, #2 Proposed Order Proposed Order Granting TVA's Motion to Vacate Unexpired Scheduling Order Deadlines) (Koho, Frances) |
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Filing 119
ORDER signed by Magistrate Judge Lanny King on 5/13/2020 granting #116 Joint MOTION to set briefing schedule for defendants Motion for Summary Judgment. Plaintiff's response to TVA's Motion for Summary Judgment, [DN 115], shall be filed by no later than July 10, 2020. TVA's reply in support of its Motion for Summary Judgment, if any, shall be filed by no later than July 31, 2020. cc: Counsel of Record(MNM)
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Filing 118
ORDER signed by Magistrate Judge Lanny King on 5/11/2020 granting #112 Motion for Extension of Time to Complete Discovery. Plaintiff and TVA are to complete written discovery on the statutory employer issue by no later than May 8, 2020. cc: Counsel of Record(MNM)
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| Filing 117 Proposed Order Granting Joint Motion to Set Briefing Schedule by Jessica Gossom. (Kohlburn, William) Modified on 5/12/2020 to edit text, terminate as a motion, and add this document to #116 (MNM). |
| Filing 116 Joint MOTION to set briefing schedule for defendants Motion for Summary Judgment by Plaintiff Jessica Gossom (Kohlburn, William) (Additional attachment(s) added on 5/12/2020: #1 Proposed Order) (MNM). |
| Response to #113 Notice of Deficiency. (MNM) |
| Filing 115 MOTION for Summary Judgment by Defendant Tennessee Valley Authority (Attachments: #1 Affidavit Ex. 1 - Declaration of Shannon E. Benton, #2 Affidavit Ex. 2 - Declaration of Benjamin A. Campbell, #3 Affidavit Ex. 3 - Declaration of Kirk A. Kelley, #4 Exhibit Ex. 4 - Excerpts of Contract Between TVA and GUBMK Constructors for TVA Non-Nuclear Fleet: Modifications & Supplemental Maintenance (pp. 1-7, 10-11, 64-65), #5 Exhibit Ex. 5 - Thompson v. TVA (W.D. Ky. June 22, 1990) (Unreported case cited in TVA's memorandum in support of motion for summary judgment), #6 Exhibit Ex. 6 - Roberts v. Fluor Constructors International Inc. (W.D. Ky. May 31, 1988) (Unreported case cited in TVA's memorandum in support of motion for summary judgment), #7 Memorandum in Support Memorandum in Support of TVA's Motion for Summary Judgment, #8 Proposed Order Proposed Order Granting TVA's Motion for Summary Judgment) (Koho, Frances) |
| Filing 114 Proposed Order by Jessica Gossom. (Kohlburn, William) |
| Filing 113 NOTICE of Deficiency re #112 Motion for Extension of Time to Complete Discovery. Reason for Deficiency: no proposed order. Failure to comply will be brought to the attention of the Court. Response due by 5/8/2020. (KJA) |
| Filing 112 MOTION for Extension of Time to Complete Discovery Re StatutoryEmployee by Plaintiff Jessica Gossom (Kohlburn, William) (Additional attachment(s) added on 5/4/2020: #1 Proposed Order) (MNM). |
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Filing 111
TEXT ORDER by Magistrate Judge Lanny King on 04/28/2020. A Telephonic Status conference was held on 04/27/2020 with counsel for all parties in attendance. An additional Telephonic Status Conference is scheduled for 7/13/2020 at 9:30 a.m. C.T. before Magistrate Judge Lanny King. Counsel for the parties shall connect to the call by dialing the Toll-Free Meeting Number 1-877-848-7030 and entering the Access Code 7238577# when prompted. Deadlines in this case will be reevaluated at the next telephonic conference. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(P:0/20) (cc: counsel) (MHB)
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| Filing 110 REPLY to Response to Motion re #98 MOTION for Summary Judgment on Counts IV, VI, and VII filed by Union Pacific Railroad Company. (Attachments: #1 Exhibit 1 - Plaintiff's Supplemental Responses to Union Pacific's First Interrogatories to Plaintiff, #2 Exhibit 2 - Photograph of Subject Railcar) (Tucker, Scott) |
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Filing 109
ORDER signed by Magistrate Judge Lanny King on 4/8/2020 granting #106 Motion for Extension of Time to Complete Discovery. Plaintiff and TVA shall be required to complete all deposition discovery on the statutory employer issue by no later than June 14, 2020. Except as amended herein, the Court's March 12, 2020, Scheduling Order, [DN 99], shall otherwise remain unchanged and in effect. cc: Counsel(MNM)
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Filing 108
AGREED ORDER EXTENDING TIME TO FILE REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT signed by Magistrate Judge Lanny King on 4/8/2020. The Court extends Union Pacific's deadline to reply in support of its summary-judgment motion (Dkt. 98) by two business days, to April 14. cc: Counsel(MNM)
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| Filing 107 Proposed Order Granting Joint Motion to Extend Deadline by Jessica Gossom. (Kohlburn, William) Modified on 4/7/2020 to edit text and terminate as a duplicate motion (MNM). |
| Filing 106 Joint MOTION for Extension of Time to Complete Discovery Extend Deadline for Deposition by Plaintiff Jessica Gossom (Kohlburn, William) (Additional attachment(s) added on 4/7/2020: #1 Proposed Order) (MNM). |
| Filing 105 Proposed Agreed Order by Union Pacific Railroad Company. (Ashley, Joshua) |
| Filing 104 Plaintiff's Supplemental Requests for Admissions directed to Def the Tennessee Valley Authority CERTIFICATE OF SERVICE by Jessica Gossom Plaintiff's Supplemental Requests for Admissions directed to Def the Tennessee Valley Authority (Kohlburn, William) |
| Filing 103 CERTIFICATE OF SERVICE by Jessica Gossom re #102 Response to Motion (Kohlburn, William) |
| Filing 102 RESPONSE to Motion re #98 MOTION for Summary Judgment on Counts IV, VI, and VII Memorandum in Response filed by Jessica Gossom. (Attachments: #1 Exhibit Exhibit A) (Kohlburn, William) |
| Filing 101 STIPULATION for Extension of Time to Respond by Jessica Gossom. (Kohlburn, William) |
| Filing 100 CERTIFICATE OF SERVICE by Jessica Gossom (Gianaris, Ted) |
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Filing 99
ORDER signed by Magistrate Judge Lanny King on 3/11/2020 granting #95 Joint MOTION to Extend "Statutory Employer" Deadlines. Plaintiff and TVA shall be required to complete all discovery on the statutory employer issue by April 30, 2020. Plaintiff and TVA shall be required to file any dispositive motions on the statutory employer issue by May 30, 2020. Except as amended herein, the Court's Scheduling Orders, DN #80 and #84 , shall otherwise remain unchanged and in effect. cc: Counsel of Record(MNM)
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| Filing 98 MOTION for Summary Judgment on Counts IV, VI, and VII by Defendant Union Pacific Railroad Company (Attachments: #1 Memorandum in Support Memo. in Support of Motion for Summary Judgment, #2 Exhibit 1 - Aff. of Troy Foust, #3 Exhibit 2 - Aff. of Glenn Davis, #4 Exhibit 3 - Aff. of Rob Brandt, #5 Exhibit 4 - Aff. of Thomas Weatherby, #6 Exhibit 5 - Pl.'s Resp. to Union Pacific's First Interrogatories - [redacted], #7 Exhibit 6 - Pl. Resp. to Union Pacific's First Req. for Admissions, #8 Exhibit 7 - Trail-Likoy v. St. Joseph Healthcare (unpublished opinion), #9 Proposed Order Proposed Order on Motion for Summary Judgment) (Tucker, Scott) |
| Response to #96 Notice of Deficiency. (MNM) |
| Filing 97 Proposed Order Granting Joint Motion to Extend "Statutory Employer" Deadlines as to Defendant Tennessee Valley Authority re #95 Joint MOTION to Extend "Statutory Employer" Deadlines as to Defendant Tennessee Valley Authority by Tennessee Valley Authority. (Koho, Frances) |
| Filing 96 NOTICE of Deficiency re #95 Joint Motion. Reason for Deficiency: Proposed Order. Failure to comply will be brought to the attention of the Court. Response due by 3/4/2020. (MNM) |
| Filing 95 Joint MOTION to Extend "Statutory Employer" Deadlines as to Defendant Tennessee Valley Authority by Defendant Tennessee Valley Authority (Koho, Frances) (Additional attachment(s) added on 2/27/2020: #1 Proposed Order) (MNM). |
| Filing 94 Plaintiff's supp responses to defendant Union Pacific's first rogs CERTIFICATE OF SERVICE by Jessica Gossom Plaintiff's supp responses to defendant Union Pacific's first rogs (Kohlburn, William) |
| Filing 93 RESPONSE to Motion re #89 MOTION for Judgment on the Pleadings on Count V of Plaintiff's Complaint filed by Jessica Gossom. (Gianaris, Ted) |
| Filing 92 MOTION for Summary Judgment by Defendants Aecom Energy & Construction, Inc., Williams Plant Services, LLC, WorleyParsons Group (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Proposed Order) (Piekarski, Matthew) |
| Filing 91 NOTICE OF SERVICE by Aecom Energy & Construction, Inc., Williams Plant Services, LLC, WorleyParsons Group (Piekarski, Matthew) |
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Filing 90
TEXT ORDER by Magistrate Judge Lanny King on 01/27/2020. A Telephonic Status Conference was held on 01/27/2020 with counsel for all parties in attendance. A Telephonic Status Conference is set for 4/27/2020 at 10:00 a.m. C.T. before Magistrate Judge Lanny King. Counsel for the parties shall connect to the call by dialing the Toll-Free Meeting Number 1-877-848-7030 and entering the Access Code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(P:0/17) (cc: counsel) (MHB)
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| Filing 89 MOTION for Judgment on the Pleadings on Count V of Plaintiff's Complaint by Defendant Union Pacific Railroad Company (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Tucker, Scott) |
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Filing 88
ORDER Signed by Magistrate Judge Lanny King on 12/2/2019 denying #87 Motion for Protective Order. The Court will consider a timely filed motion that complies with Rule 26, Local Rule 5.7, Local Rule 37.1, and this Order. cc: Counsel (JM)
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| Filing 87 Joint MOTION for Protective Order by plaintiff and all defendants by Defendants Aecom Energy & Construction, Inc., Williams Plant Services, LLC, WorleyParsons Group (Attachments: #1 Proposed Order, #2 Appendix) (Piekarski, Matthew) |
| Filing 86 TEXT ORDER REASSIGNING CASE pursuant to GO 2019-10. Case reassigned to Judge Justin R. Walker for all further proceedings. Chief Judge Greg N. Stivers no longer assigned to case. cc: Counsel (CDF) |
| Filing 85 RULE 26 INITIAL DISCLOSURE STATEMENT by Lexair, Inc.. (Jones, Edwin) |
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Filing 84
ORDER signed by Magistrate Judge Lanny King on 10/25/2019. Granting #83 Motion for Clarification of Order. See order for specifics. cc: Counsel(KJA)
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| Filing 83 MOTION Clarification Regarding Scheduling Order by Defendant Union Pacific Railroad Company (Attachments: #1 Proposed Order Proposed Order on Union Pacific's Motion for Clarification Regarding Scheduling Order) (Ashley, Joshua) |
| Filing 82 NOTICE of Appearance by Scott H. Tucker on behalf of Union Pacific Railroad Company (Tucker, Scott) |
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Filing 81
ORDER signed by Magistrate Judge Lanny King on 10/18/2019 granting #78 Motion for Scott H. Tucker to Appear Pro Hac Vice. cc: All parties of record(MNM)
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Filing 80
SCHEDULING ORDER for proceedings held before Magistrate Judge Lanny King: Telephonic Scheduling Conference held on 10/15/2019. Amended Pleadings due by 1/15/2020. Discovery due by 12/15/2020. Dispositive Motions due by 2/15/2021. Expert Witness (Defendant) due by 10/15/2020. Expert Witness (Plaintiff) due by 8/15/2020. Joinder of Parties due by 1/15/2020. Rule 26(a)(1) Disclosure due by 10/31/2019. Telephone Conference set for 1/27/2020 at 10:00 AM before Magistrate Judge Lanny King. Counsel for the parties shall connect to the conference by dialing the Toll-Free Meeting Number 1-877-848-7030 and entering the Access Code 7238577#. See order for specifics regarding additional deadlines. cc:counsel (KJA)
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| Filing 79 NOTICE of Substitution of Counsel by Union Pacific Railroad Company (Ashley, Joshua) |
| Filing 78 MOTION for Scott H. Tucker to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2962139. by Defendant Union Pacific Railroad Company (Attachments: #1 Affidavit of Scott H. Tucker, #2 Exhibit A (Certificate of Good Standing), #3 Proposed Order Admitting Scott H. Tucker Pro Hac Vice) (Smith, Kerry) |
| Filing 77 Joint REPORT of Rule 26(f) Planning Meeting by Union Pacific Railroad Company. (McKay, Joseph) |
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Filing 76
ORDER by Chief Judge Greg N. Stivers on 9/11/2019. Telephonic Scheduling Conference set for 10/15/2019 at 10:30 AM CDT/11:30 AM EDT before Magistrate Judge Lanny King. Counsel for the parties shall connect to the conference by dialing the Toll Free Meeting Number 1-877-848-7030 and entering Access Code 7238577#.cc:counsel (KJA)
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Filing 75
TEXT ORDER by Chief Judge Greg N. Stivers (EBOC) on 09/10/2019; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Lanny King, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge King is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel; Judge King's Chambers (TJD)
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| Filing 74 JUDGMENT by Chief Judge Greg N. Stivers on 9/3/2019. Thomas Weatherby, Brian Kirk Egner and Progress Rail Services Corporation terminated.cc:counsel (KJA) |
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Filing 73
ORDER signed by Chief Judge Greg N. Stivers on 9/3/2019. Granting #53 Motion to Dismiss for Lack of Jurisdiction; denying #68 Motion to Strike ; granting #71 Motion for Leave to; granting #10 Motion to Dismiss for Failure to State a Claim. cc: Counsel(KJA)
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| Filing 72 RESPONSE to Motion re #71 MOTION for Leave to File REsponse out of time to Defendants Motion filed by Progress Rail Services Corporation. (Attachments: #1 Proposed Order) (Riley, David) |
| Filing 71 MOTION for Leave to File REsponse out of time to Defendants Motion by Plaintiff Jessica Gossom (Kohlburn, William) (Additional attachment(s) added on 7/9/2019: #1 main document, #2 Proposed Order) (KJA). |
| Filing 70 ANSWER to Complaint by Aecom Energy & Construction, Inc.. (Piekarski, Matthew) |
| Filing 69 REPLY to Response to Motion re #53 MOTION to Dismiss for Lack of Jurisdiction filed by Progress Rail Services Corporation. (Riley, David) |
| Filing 68 MOTION to Strike #66 Response to Motion, by Defendant Progress Rail Services Corporation (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Riley, David) |
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Filing 67
AGREED ORDER OF DISMISSAL OF TRINITY DEFENDANTS by Chief Judge Greg N. Stivers on 6/5/2019 re #65 Notice of Voluntary Dismissal filed by Jessica Gossom cc:counsel (JWM)
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| Filing 66 RESPONSE to Motion re #53 MOTION to Dismiss for Lack of Jurisdiction filed by Jessica Gossom. (Attachments: #1 Proposed Order Proposed Order Denying Def Motion to Dismiss for Lack of Personal Jurisdiction) (Kohlburn, William) |
| Filing 65 PROPOSED AGREED ORDER/STIPULATION by Jessica Gossom (Kohlburn, William) Modified on 6/4/2019 to edit docket text (KJA). |
| Filing 64 AGREED SUBSTITUTION OF PARTY DEFENDANT AND DISMISSAL by Chief Judge Greg N. Stivers on 5/31/2019. Aecom Energy & Construction, Inc. added. URS Corporation terminated.cc:counsel (KJA) |
| Filing 63 Proposed Agreed Order/Stipulation by URS Corporation, Williams Plant Services, LLC, WorleyParsons Group. (Piekarski, Matthew) |
| Filing 62 ANSWER to Complaint with Jury Demand by URS Corporation, Williams Plant Services, LLC, WorleyParsons Group. (Piekarski, Matthew) |
| Filing 61 NOTICE of Voluntary Dismissal by Jessica Gossom (Kohlburn, William) |
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Filing 60
ORDER signed by Chief Judge Greg N. Stivers on 4/8/2019. Granting #31 Motion to Withdraw as Attorneys Chris Guinn and Gary Payne. cc: Counsel(KJA)
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| Filing 59 REPLY to Response to Motion re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendants Thomas Weatherby and Brian Kirk Egner Pursuant to the Exclusivity Provisions of 16 U.S.C. 831c-2 filed by Brian Kirk Egner, Tennessee Valley Authority, Thomas Weatherby. (Koho, Frances) |
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Filing 58
ORDER Signed by Chief Judge Greg N. Stivers on 4/5/2019, granting #54 - TTX Company and TTX Rail Services, Inc. are granted an extension to file a responsive pleading or motion under Rule 12(b) through and including 4/1/2019. cc: Counsel (KD)
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Filing 57
ORDER signed by Chief Judge Greg N. Stivers on 4/4/2019 granting #52 Motion for Daniel J. Gutman to Appear Pro Hac Vice. Attorney registration packet mailed to Gutman. cc: Counsel(MNM)
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Filing 56
ORDER signed by Chief Judge Greg N. Stivers on 4/4/2019 granting #51 Motion for Robert W. Futhey to Appear Pro Hac Vice. Attorney registration packet mailed to Futhey. cc: Counsel(MNM)
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Filing 55
ORDER signed by Chief Judge Greg N. Stivers on 4/4/2019 granting #50 Motion for Michael F. Coyle to Appear Pro Hac Vice. Attorney registration packet mailed to Coyle. cc: Counsel(MNM)
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| Filing 54 Unopposed MOTION for Extension of Time to File Answer Defendants TTX Company and TTX Rail Services, Inc.'s Unopposed Motion for Extension of Time to File a Responsive Pleading or Rule 12(b) Motion by Defendants TTX Company, TTX Rail Services, Inc. (Attachments: #1 Proposed Order Order Granting TTX Company and TTX Rail Services, Inc.'s Unopposed Motion for Extension of Time) (Russell, Thomas) |
| Filing 53 MOTION to Dismiss for Lack of Jurisdiction by Defendant Progress Rail Services Corporation (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Declaration of Dwight Porter, #3 Proposed Order) (Riley, David) |
| Filing 52 MOTION for Daniel J. Gutman to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2838192. by Defendant Progress Rail Services Corporation (Attachments: #1 Exhibit 1 -Affidavit, #2 Exhibit 2 - Certificate of Good Standing, #3 Proposed Order) (Grumley, L.) |
| Filing 51 MOTION for Robert W. Futhey to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2838188. by Defendant Progress Rail Services Corporation (Attachments: #1 Exhibit 1 - Affidavit, #2 Exhibit 2 - Certificate of Good Standing, #3 Proposed Order) (Grumley, L.) |
| Filing 50 MOTION for Michael F. Coyle to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2838176. by Defendant Progress Rail Services Corporation (Attachments: #1 Exhibit 1 - Affidavit, #2 Exhibit 2 - Certificate of Good Standing, #3 Proposed Order) (Grumley, L.) |
| ***Answer Date for URS Corporation, Williams Plant Services, LLC, and Worley Parsons Group Set to: 4/19/2019. (MNM) |
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Filing 49
ORDER signed by Chief Judge Greg N. Stivers on 4/1/2019 granting #43 Motion for Extension of Time to File Response/Reply through and including April 19, 2019. cc: Counsel(MNM)
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Filing 48
ORDER signed by Chief Judge Greg N. Stivers on 4/1/2019 granting #33 Motion for G. Michael Stewart to Appear Pro Hac Vice. Attorney registration packet mailed to Stewart. cc: Counsel(MNM)
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Filing 47
ORDER signed by Chief Judge Greg N. Stivers on 4/1/2019 granting #32 Motion for Ted N. Gianaris to Appear Pro Hac Vice. Attorney registration packet mailed to Gianaris. cc: Counsel(MNM)
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| Response to #35 Notice of Deficiency. (MNM) |
| Filing 46 NOTICE Notice of Filing - Supplement to Motion for Admission by Jessica Gossom re #35 Notice of Deficiency, #33 MOTION for G Michael Stewart to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2830249. (Attachments: #1 Supplement to Motion for Admission) (Hutchins, Theodore) |
| Filing 45 NOTICE Notice of Filing - Supplement to Motion for Admission by Jessica Gossom re #35 Notice of Deficiency, #32 MOTION for Ted Gianaris to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2830217. (Attachments: #1 Supplement to Motion for Admission) (Hutchins, Theodore) |
| Filing 44 NOTICE of Appearance by William B. Orberson, Jr on behalf of URS Corporation, Williams Plant Services, LLC, WorleyParsons Group (Orberson, William) |
| Filing 43 MOTION for Extension of Time to File Response/Reply by Defendants URS Corporation, Williams Plant Services, LLC, WorleyParsons Group (Attachments: #1 Proposed Order) (Piekarski, Matthew) |
| Filing 42 NOTICE of Appearance by Matthew A. Piekarski on behalf of URS Corporation, Williams Plant Services, LLC, WorleyParsons Group (Piekarski, Matthew) |
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Filing 41
ORDER signed by Chief Judge Greg N. Stivers on 3/28/2019. Granting #40 Motion for Leave to File Redacted Motion. cc: Counsel(KJA)
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| Filing 40 MOTION for Leave to File Redacted Version of Motion to Withdraw as Counsel [DN 31] by Plaintiff Jessica Gossom (Attachments: #1 Supplement Redacted Version Motion to Withdraw, #2 Proposed Order Motion for Leave) (Hutchins, Theodore) |
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Filing 39
ORDER signed by Chief Judge Greg N. Stivers on 3/25/2019. Granting #34 Motion to Appear Pro Hac Vice William A. Kohlburn. cc: Counsel(KJA)
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Filing 38
TEXT ORDER by Chief Judge Greg N. Stivers (EBOC) on 03/25/2019. Plaintiff filed a document (DN #31 ) which contains the following personal data identifiera: MINORS NAMES (Only the minors initials may be identified). Pursuant to Fed. R. Civ. P. 5.2, the personal data identifiers must be redacted. Accordingly, the Clerk of Court is DIRECTED to RESTRICT electronic access to this document (DN #31 ) to Court users and participants in the case. IT IS ORDERED that Plaintiff shall file a motion seeking leave to file a redacted version of the document along with a copy of the redacted version within 7 days of the entry date of this Order. IT IS FURTHER ORDERED that when Plaintiff files a motion seeking leave to file a redacted version of the document, the motion will be GRANTED, and the Clerk will replace the document containing personal identifiers with the redacted version. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD)
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| Filing 37 Response to #35 Notice of Deficiency, filed by Jessica Gossom. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Kohlburn Affidavit, #3 Proposed Order Motion for Admission) (Hutchins, Theodore) |
| Filing 36 RESPONSE to Motion re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendants Thomas Weatherby and Brian Kirk Egner filed by Jessica Gossom. (Attachments: #1 Proposed Order) (Hutchins, Theodore) |
| Filing 35 NOTICE of Deficiency re #32 Motion to Appear Pro Hac Vice, #34 Motion to Appear Pro Hac Vice, #33 Motion to Appear Pro Hac Vice,.Reason for Deficiency: Certificate of Good Standing. Failure to comply will be brought to the attention of the Court. Response due by 4/1/2019. (KJA) |
| Filing 34 MOTION for William A. Kohlburn to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2830256. by Plaintiff Jessica Gossom (Attachments: #1 Affidavit William A. Kohlburn, #2 Proposed Order Admission William Kohlburn) (Hutchins, Theodore) |
| Filing 33 MOTION for G Michael Stewart to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2830249. by Plaintiff Jessica Gossom (Attachments: #1 Affidavit G Michael Stewart, #2 Proposed Order Admission G Michael Stewart) (Hutchins, Theodore) |
| Filing 32 MOTION for Ted Gianaris to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2830217. by Plaintiff Jessica Gossom (Attachments: #1 Affidavit Ted Gianaris, #2 Proposed Order Admission of Ted Gianaris) (Hutchins, Theodore) |
| Filing 31 MOTION to Withdraw as Attorney Attorneys Chris Guinn and Gary Payne. (Continue to receive notice:Yes) by Plaintiff Jessica Gossom (Attachments: #1 Proposed Order to Withdraw as Counsel) (Hutchins, Theodore) (Main Document 31 replaced on 3/28/2019) (KJA). |
| Filing 30 NOTICE of Appearance by Joshua C. Ashley on behalf of Union Pacific Railroad Company (Ashley, Joshua) |
| Filing 29 NOTICE of Appearance by Joseph P. McKay on behalf of Union Pacific Railroad Company (McKay, Joseph) |
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Filing 28
ORDER signed by Chief Judge Greg N. Stivers on 3/20/2019. Granting #26 Motion to Appear Pro Hac Vice Joshua C. Ashley. cc: Counsel(KJA)
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Filing 27
ORDER signed by Chief Judge Greg N. Stivers on 3/20/2019. Granting #25 Motion to Appear Pro Hac Vice Joseph P. McKay. cc: Counsel(KJA)
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| Filing 26 MOTION for Joshua C. Ashley to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2826715. by Defendant Union Pacific Railroad Company (Attachments: #1 Affidavit of Joshua C. Ashley, #2 Exhibit A (Certificate of Good Standing), #3 Proposed Order Admitting Joshua C. Ashley Pro Hac Vice) (Smith, Kerry) |
| Filing 25 MOTION for Joseph P. McKay to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2826708. by Defendant Union Pacific Railroad Company (Attachments: #1 Affidavit of Joseph P. McKay, #2 Exhibit A (Certificate of Good Standing), #3 Proposed Order Admitting Joseph P. McKay Pro Hac Vice) (Smith, Kerry) |
| ANSWER to Complaint with Jury Demand by Trinity Industries Railcar Corporation, Trinity Industries, Inc. (filed in state court, see DN #24 for full viewing) (KJA) |
| Filing 24 NOTICE of filing and Exhibit (Answer) by Trinity Industries Railcar Corporation, Trinity Industries, Inc. re #1 Notice of Removal, (Attachments: #1 Exhibit) (Broderick, David) |
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Filing 23
ORDER REASSIGNING CASE. Case reassigned to Chief Judge Greg N. Stivers for all further proceedings. Senior Judge Thomas B. Russell no longer assigned to case. cc:counsel, CM-Stivers (KJA)
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Filing 22
ORDER Signed by Senior Judge Thomas B. Russell on 3/8/2019 granting #20 Motion for Extension of Time to Answer. TTX Company and TTX Rail Services, Inc. are granted through 4/3/2019 to file a responsive pleading or motion under Rule 12(b). cc: Counsel (JM)
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Filing 21
ORDER Signed by Senior Judge Thomas B. Russell on 3/8/2019 granting #16 Motion for Extension of Time to Answer. Progress Rail is granted an extension of time to file a responsive pleading or motion under Rule 12 through and including 4/3/2019. cc: Counsel(JM)
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| Filing 20 Unopposed MOTION for Extension of Time to File Answer Defendants TTX Company and TTX Rail Services, Inc.'s Unopposed Motion for Extension of Time to File a Responsive Pleading or Rule 12(b) Motion by Defendants TTX Company, TTX Rail Services, Inc. (Attachments: #1 Proposed Order Order Granting TTX Company and TTX Rail Services, Inc.'s Unopposed Motion for Extension of Time) (Russell, Thomas) |
| Filing 19 ANSWER to Complaint by Tennessee Valley Authority. (Koho, Frances) |
| Filing 18 ATTORNEY NOTICE of Deficiency to Joshua C. Ashley re #14 Answer to Complaint.Reason for Deficiency: motion to appear pro hac vice to be filed. Failure to comply will be brought to the attention of the Court. Response due by 3/25/2019. (KJA) |
| Filing 17 ATTORNEY NOTICE of Deficiency to Joseph P. McKay re #14 Answer to Complaint.Reason for Deficiency: motion to appear pro hac vice to be filed. Failure to comply will be brought to the attention of the Court. Response due by 3/25/2019. (KJA) |
| Filing 16 MOTION for Extension of Time to File Answer by Defendant Progress Rail Services Corporation (Attachments: #1 Proposed Order) (Grumley, L.) |
| Filing 15 NOTICE of Appearance by L. Miller Grumley on behalf of Progress Rail Services Corporation (Grumley, L.) |
| Filing 14 ANSWER to Complaint with Jury Demand by Union Pacific Railroad Company. (Smith, Kerry) |
| Filing 13 NOTICE of Appearance by Kerry D. Smith on behalf of Union Pacific Railroad Company (Smith, Kerry) |
| Filing 12 NOTICE of Appearance by Thomas B. Russell on behalf of TTX Company, TTX Rail Services, Inc. (Russell, Thomas) |
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Filing 11
ORDER signed by Senior Judge Thomas B. Russell on 3/4/2019. Granting #5 Motion for Leave to File Redacted Documents. cc: Counsel(KJA)
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| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Defendants Thomas Weatherby and Brian Kirk Egner by Defendant Tennessee Valley Authority (Attachments: #1 Exhibit Certification Pursuant to 16 U.S.C. 831c-2, #2 Memorandum in Support Memorandum in Support of Motion to Dismiss Defendants Thomas Weatherby and Brian Kirk Egner Pursuant to the Exclusivity Provisions of 16 U.S.C. 831c-2, #3 Proposed Order Proposed Order Granting Motion to Dismiss Defendants Thomas Weatherby and Brian Kirk Egner Pursuant to the Exclusivity Provisions of 16 U.S.C. 831c-2) (Koho, Frances) Modified on 3/15/2019 to update filers (MNM). |
| Filing 9 ATTORNEY NOTICE of Deficiency to Ted N. Gianaris re #1 Notice of Removal.Reason for Deficiency: motion to appear pro hac vice not filed. Failure to comply will be brought to the attention of the Court. Response due by 3/21/2019. (KJA) |
| Filing 8 ATTORNEY NOTICE of Deficiency to Gary Payne re #1 Notice of Removal.Reason for Deficiency: motion to appear pro hac vice not filed. Failure to comply will be brought to the attention of the Court. Response due by 3/21/2019. (KJA) |
| Filing 7 ATTORNEY NOTICE of Deficiency to Chris Guinn re #1 Notice of Removal.Reason for Deficiency: motion to appear pro hac vice not filed. Failure to comply will be brought to the attention of the Court. Response due by 3/21/2019. (KJA) |
| Filing 6 Proposed Order Granting re #5 MOTION for Leave to File a Redacted Version of Defendant Tennessee Valey Authority's Notice of Removal by Tennessee Valley Authority. (Koho, Frances) |
| Filing 5 MOTION for Leave to File a Redacted Version of Defendant Tennessee Valey Authority's Notice of Removal by Defendant Tennessee Valley Authority (Attachments: #1 Exhibit Redacted Notice of Removal, #2 Exhibit Attach. 1 to Notice of Removal - Redacted McCracken Circuit Court Documents, #3 Exhibit Attach. 2 to Notice of Removal - Redacted Certificate of Filing and Service, #4 Exhibit Attach. 3 to Notice of Removal - Redacted Civil Cover Sheet) (Koho, Frances) |
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Filing 4
ORDER (EBOC) REGARDING PERSONAL IDENTIFIERS by Senior Judge Thomas B. Russell on 2/28/2019 re #1 Notice of Removal filed by Tennessee Valley Authority. cc: Counsel of Record (MNM)
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| Filing 3 CLERK'S NOTICE re #1 Notice of Removal. cc: Counsel of Record, McCracken Circuit Court (MNM) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B. Russell. (MNM) |
| Filing 1 NOTICE OF REMOVAL by Tennessee Valley Authority from McCracken Circuit Court, case number 19-CI-106. (Attachments: #1 State Court File, #2 Certificate of Filing and Service, #3 Cover Sheet) (MNM) (Main Document 1 replaced on 3/5/2019) (KJA). (Attachment 1 replaced on 3/5/2019) (KJA). (Attachment 2 replaced on 3/5/2019) (KJA). (Attachment 3 replaced on 3/5/2019) (KJA). |
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