Wheeler v. Norfolk Southern Railway Company et al
Plaintiff: James Wheeler
Defendant: Norfolk Southern Railway Company and Unidentified Parties
Case Number: 2:2020cv01021
Filed: March 26, 2020
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Lance M Africk
Referring Judge: Michael North
Nature of Suit: Federal Employer's Liability
Cause of Action: 45:51
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 7, 2020 Opinion or Order Filing 38 AMENDED ORDER to correct typographical error, re #37 Minute Order. Signed by Judge Lance M Africk.(blg)
May 7, 2020 Filing 37 Minute Order. Proceedings held before Judge Lance M Africk: Telephone Conference held 5/7/2020. ORDER denying #20 MOTION to Dismiss; granting #34 MOTION to Continue Submission Date. Norfolk's #20 motion for summary judgment shall be submitted on 6/30/2020. Wheeler's response in opposition shall be filed by 6/22/2020, and any reply shall be filed by 6/27/2020. (blg)
May 6, 2020 Opinion or Order Filing 36 ORDER granting #32 Motion to Appear Pro Hac Vice as to Benjamin Blue Morgan. Signed by Judge Lance M Africk on May 6, 2020. (Attachments: #1 Notice to Visiting Attorneys) (mp)
May 5, 2020 Filing 35 RESPONSE/MEMORANDUM in Opposition filed by James Wheeler re #20 MOTION to Dismiss for Failure to State a Claim Alternatively, MOTION for Summary Judgment . (Johnson, Stephen)
May 5, 2020 Filing 34 EXPARTE/CONSENT MOTION to Continue Submission Date on Defendant's Motion for Summary Judgment by James Wheeler. (Attachments: #1 Exhibit Affidavit of James R. Franks, #2 Memorandum in Support, #3 Certificate of No Opposition, #4 Proposed Order)(Johnson, Stephen)
May 5, 2020 Opinion or Order Filing 33 ORDER granting #31 Motion to Appear Pro Hac Vice as to Benjamin Seth Thompson. Signed by Judge Lance M Africk on May 1, 2020. (Attachments: #1 Notice to Visiting Attorneys) (mp)
May 5, 2020 Filing 32 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-8288020) by Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Certificate of Good Standing for Benjamin B. Morgan, #2 Exhibit B - Oath of Benjamin B. Morgan, #3 Exhibit C - Consent for Electronic Filing, #4 Exhibit D - Proposed Order Granting Ex Parte Motion to Appear Pro Hac Vice)(Entrekin, Romney)
April 30, 2020 Filing 31 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Benjamin Seth Thompson (Fee previously paid) by James Wheeler. (Attachments: #1 Exhibit, #2 Affidavit, #3 Consent to Electronic Filing, #4 Proposed Order)(Johnson, Stephen)
April 30, 2020 Opinion or Order Filing 30 ORDER granting #28 Motion to Appear Pro Hac Vice as to Joseph R. Franks. Signed by Judge Lance M Africk on April 30, 2020. (Attachments: #1 Notice to Visiting Attorneys) (mp)
April 29, 2020 Filing 29 Statement of Corporate Disclosure by Norfolk Southern Railway Company identifying Corporate Parent Norfolk Southern Corporation for Norfolk Southern Railway Company (Smith Auld, Renee)
April 28, 2020 Filing 28 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Joseph R. Franks (Filing fee $ 100 receipt number ALAEDC-8278873) by James Wheeler. (Attachments: #1 Exhibit, #2 Affidavit, #3 Consent to Electronic Filing form, #4 Proposed Order)(Johnson, Stephen)
April 27, 2020 Filing 27 DEFICIENT: EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-8277296) by Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Oath of Benjamin B. Morgan, #3 Exhibit C - Consent to Electronic Filing Form, #4 Exhibit D - Proposed Order Granting Motion to Appear Pro Hac Vice)(Entrekin, Romney) Modified on 4/28/2020 (mp).
April 21, 2020 Opinion or Order Filing 26 ORDER: A status conference is scheduled in the above-captioned case on Tuesday, June 9, 2020, at 9:00 A.M. before Judge Lance M Africk. Parties shall comply as instructed herein. Signed by Judge Lance M Africk on April 21, 2020.(mp)
April 21, 2020 Opinion or Order Filing 25 SCHEDULING ORDER:Status Conference set for 6/9/2020 09:00 AM before Judge Lance M Africk. All discovery must be completed by 8/24/2020. Final Pretrial Conference set for 10/7/2020 09:00 AM before Judge Lance M Africk. Jury Trial set for 11/9/2020 08:30 AM before Judge Lance M Africk. Signed by Case Manager (Attachments: #1 Pretrial Notice Form)(NEF: Mag. Judge)(mp)
April 21, 2020 Filing 24 DEFICIENT: EXPARTE/CONSENT MOTION to Appear Pro Hac Vice on behalf of Seth Thompson (Filing fee $ 100 receipt number ALAEDC-8269071) by James Wheeler. (Attachments: #1 Exhibit, #2 Affidavit, #3 Proposed Order)(Johnson, Stephen) Modified on 4/22/2020 (mp).
April 13, 2020 Opinion or Order Filing 22 ORDER granting #21 Motion to Appear for Attorney Sidney W. Degan, III for Norfolk Southern Railway Company. Signed by Judge Lance M Africk on April 13, 2020. (mp)
April 10, 2020 Filing 21 EXPARTE/CONSENT MOTION to Appear as Counsel of Record (Additional Counsel of Record) by Norfolk Southern Railway Company. (Attachments: #1 Proposed Order for Motion to Enroll Additional Counsel)(Smith Auld, Renee) Modified text on 4/13/2020 (mp).
April 9, 2020 Filing 20 MOTION to Dismiss for Failure to State a Claim Alternatively,, MOTION for Summary Judgment by Norfolk Southern Railway Company. Motion(s) will be submitted on 5/13/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit Ex. 1 Hulcher Declaration, #3 Exhibit Ex. 1A Contract, #4 Exhibit Ex, 2 Workers' Comp Docs, #5 Exhibit Ex 3 CDC Dismissal, #6 Statement of Contested/Uncontested Facts Uncontested Facts, #7 Notice of Submission Notice of Submission)(Smith Auld, Renee)
April 3, 2020 Opinion or Order Filing 19 ORDER granting #17 Motion to Enroll as Counsel of Record for Attorney Stephen J. Johnson for James Wheeler. Signed by Judge Lance M Africk on April 3, 2020. (mp)
April 2, 2020 Filing 18 PRELIMINARY CONFERENCE NOTICE: A Scheduling Conference is set for 4/21/2020 at 9:30 AM before case manager by telephone. Counsel are to call-in using the instructions provided herein. Signed by Case Manager.(mp)
April 2, 2020 Filing 17 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by James Wheeler. (Attachments: #1 Proposed Order)Attorney Stephen J. Johnson added to party James Wheeler(pty:pla).(Johnson, Stephen)
March 26, 2020 Filing 16 Case transferred in from District of Mississippi Southern; Case Number 3:19-cv-00159. Electronic file certified copy of transfer order and docket sheet received (dw)
March 26, 2020 Remark: Order Transferring Case #15 emailed to IT Department to electronically transfer case to the United States District Court for the Eastern District of Louisiana. Clerk will docket confirmation email when received from the Eastern District of Louisiana. (VM) [Transferred from mssd on 3/26/2020.]
March 26, 2020 District Transfer Out to the Eastern District of Louisiana. (VM) [Transferred from mssd on 3/26/2020.]
March 26, 2020 Opinion or Order Filing 15 ORDER. Motion to Dismiss #6 is granted to the extent this court determines it does not have personal jurisdiction over Norfolk Southern Railway Company; but it is denied to the extent this case is not dismissed, but is transferred to the federal district court for the Eastern District of Louisiana. The Clerk of Court is directed to effectuate the transfer. Signed by District Judge Henry T. Wingate on 3/25/2020 (VM) [Transferred from mssd on 3/26/2020.]
January 10, 2020 Opinion or Order TEXT ONLY ORDER granting, Retroactively, #11 , Unopposed Motion for Extension of Time to File Response. Response has been filed and is treated as timely filed. See #12 . NO FURTHER WRITTEN ORDER TO FOLLOW. Signed by District Judge Henry T. Wingate on 1/7/2020 (CGC) [Transferred from mssd on 3/26/2020.]
July 16, 2019 Filing 14 Response in Support re #10 MEMORANDUM in Support re #6 MOTION to Dismiss for Lack of Jurisdiction under FRCP 12(b)(2) filed by Norfolk Southern Railway Company (Attachments: # 1 Affidavit Affidavit of Hulcher, # 2 Exhibit CDC Petition, # 3 Affidavit Declaration of Norfolk)(Futrell, John) filed by Norfolk Southern Railway Company (Futrell, John) [Transferred from mssd on 3/26/2020.]
July 10, 2019 Filing 13 MEMORANDUM in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction under FRCP 12(b)(2) filed by James Wheeler (Attachments: #1 Exhibit NS 2018 Annual Report, #2 Exhibit Meridian Speedway Agreement)(Franks, Joseph) [Transferred from mssd on 3/26/2020.]
July 10, 2019 Filing 12 RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction under FRCP 12(b)(2) filed by James Wheeler (Franks, Joseph) [Transferred from mssd on 3/26/2020.]
July 3, 2019 Filing 11 MOTION for Extension of Time to File Response/Reply to Motion by James Wheeler (Franks, Joseph) [Transferred from mssd on 3/26/2020.]
July 3, 2019 DOCKET ANNOTATION as to #9 Error disregard this entry. Attorney to refile motion. Motion #9 termed.(cwl) [Transferred from mssd on 3/26/2020.]
July 3, 2019 Filing 10 MEMORANDUM in Support re #6 MOTION to Dismiss for Lack of Jurisdiction under FRCP 12(b)(2) filed by Norfolk Southern Railway Company (Attachments: #1 Affidavit Affidavit of Hulcher, #2 Exhibit CDC Petition, #3 Affidavit Declaration of Norfolk)(Futrell, John) [Transferred from mssd on 3/26/2020.]
July 3, 2019 DOCKET ANNOTATION as to #7 : Incorrect event chosen. This document should have been docketed as Memorandum in Support of Motion. Motion #7 termed. (cwl) [Transferred from mssd on 3/26/2020.]
July 3, 2019 Filing 9 ***ERROR***DISREGARD THIS ENTRY. MOTION for Extension of Time to File Response/Reply to Motion by James Wheeler (Franks, Joseph) Modified on 7/3/2019 (cwl). [Transferred from mssd on 3/26/2020.]
June 27, 2019 Opinion or Order TEXT ONLY ORDER granting #8 Motion to Appear Pro Hac Vice. Renee F. Smith Auld is admitted pro hac vice in this case on behalf of Defendant Norfolk Southern Railway Company and in association with local counsel upon payment of the pro hac admission fee and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge Linda R. Anderson on 6/27/19 (Lewis, Nijah) [Transferred from mssd on 3/26/2020.]
June 26, 2019 Filing 8 MOTION for Renee F. Smith Auld to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-4022558) by Norfolk Southern Railway Company (Attachments: #1 Exhibit Certificates of Good Standing from the Louisiana and Texas Bar Associations)(Futrell, John) [Transferred from mssd on 3/26/2020.]
June 21, 2019 Opinion or Order TEXT ONLY ORDER Staying Discovery pursuant to L.U.Civ.R. 16(b)(3)(B) pending a decision on motion No. #6 MOTION to Dismiss for Lack of Jurisdiction under FRCP 12(b)(2) filed by Norfolk Southern Railway Company. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge Linda R. Anderson on 6/21/19 (Lewis, Nijah) [Transferred from mssd on 3/26/2020.]
June 19, 2019 Filing 7 ***ERROR***DISREGARD THIS ENTRY. MOTION to Dismiss for Lack of Jurisdiction Memorandum in Support of Motion (relating to Doc 6) by Norfolk Southern Railway Company (Attachments: #1 Exhibit #1, Affidavit of Hulcher, #2 Exhibit #2, CDC Petition, #3 Exhibit #3, Declaration of Swain/Norfolk)(Futrell, John) Modified on 7/3/2019 (cwl). [Transferred from mssd on 3/26/2020.]
June 19, 2019 DOCKET ANNOTATION as to #6 : Memoranda in support should be filed separately and shown as a related document to the motion (Court's Administrative Procedures for Electronic Case Filing Sec. 3.A.7). Attorney is directed to file the Memorandum as a separate document and link it to the appropriate document. (cwl) [Transferred from mssd on 3/26/2020.]
June 19, 2019 Filing 6 MOTION to Dismiss for Lack of Jurisdiction under FRCP 12(b)(2) by Norfolk Southern Railway Company (Attachments: #1 Memorandum In Support of Rule 12b2 Motion to Dismiss, #2 Affidavit Exhibit 1, Affidavit of Hulcher, #3 Exhibit Exhibit 2, Civil District Court Petition, #4 Affidavit Exhibit 3, Declaration of Swain/Norfolk)(Futrell, John) [Transferred from mssd on 3/26/2020.]
June 7, 2019 Filing 5 NOTICE of Appearance by Benjamin B. Morgan on behalf of Norfolk Southern Railway Company (Morgan, Benjamin) [Transferred from mssd on 3/26/2020.]
June 7, 2019 Filing 4 NOTICE of Appearance by Peeler Grayson Lacey, Jr on behalf of Norfolk Southern Railway Company (Lacey, Peeler) [Transferred from mssd on 3/26/2020.]
June 4, 2019 Opinion or Order TEXT ONLY ORDER granting #3 Motion to Extend Deadline. NSRCs Answer due date is extended to and including June 19, 2019. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge Linda R. Anderson on 6/4/19 (Lewis, Nijah) [Transferred from mssd on 3/26/2020.]
June 4, 2019 Filing 3 Unopposed MOTION to Extend Responsive Pleading Deadline by Norfolk Southern Railway Company (Entrekin, Romney) [Transferred from mssd on 3/26/2020.]
May 14, 2019 Filing 2 Summons Issued as to Norfolk Southern Railway Company. (VM) [Transferred from mssd on 3/26/2020.]
February 28, 2019 Filing 1 COMPLAINT against John and Jane Does 1-10, Norfolk Southern Railway Company (Filing fee $400 receipt number 0538-3929662), filed by James Wheeler. (Attachments: #1 Civil Cover Sheet)(VM) [Transferred from mssd on 3/26/2020.]

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Defendant: Norfolk Southern Railway Company
Represented By: Renee F. Smith Auld
Represented By: Romney Hastings Entrekin
Represented By: Benjamin B. Morgan
Represented By: John M. Futrell
Represented By: Peeler Grayson Lacey, Jr.
Represented By: Sidney W. Degan, III
Represented By: Benjamin Blue Morgan
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Defendant: Unidentified Parties
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Plaintiff: James Wheeler
Represented By: Joseph R. Franks
Represented By: Joseph Rodney Franks
Represented By: Benjamin Seth Thompson
Represented By: Stephen J. Johnson
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