Kelly et al v. Kansas City Southern et al
| Glenda Kelly, Derrick Kelly, Julian Kelly and James Ray Kelly, Jr. |
| Kansas City Southern, Kansas City Southern Railroad Co, Meridian Speedway L L C and Police Jury of Richland Parish |
| 3:2023cv00013 |
| January 4, 2023 |
| US District Court for the Western District of Louisiana |
| Terry A Doughty |
| Kayla D McClusky |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Interstate Commerce Act |
| Both |
Docket Report
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This docket was last retrieved on February 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 36 RESPONSE by Kansas City Southern Railroad Co, Meridian Speedway L L C re #35 Order, Regarding Court's Concerns Regarding Its Subject Matter Jurisdiction. (Attachments: #1 Exhibit)(aty,Childress, Dennis) |
Filing 35
ORDER: Within 14 days from the date of this order, the Railroad Defendants shall file a brief that addresses the Court's jurisdictional concerns. Within 14 days thereafter, Plaintiffs may file a response brief. Signed by Magistrate Judge Kayla D McClusky on 2/13/2023. (crt,Leday, A)
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Filing 34
ORDER granting #21 Motion to Dismiss for Lack of Jurisdiction. Plaitniffs' claims against Kansas City Southern are dismissed. Signed by Judge Terry A Doughty on 2/10/2023. (crt,Crawford, A)
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| Filing 33 PROPOSED ORDER/JUDGMENT (Agreed) by Kansas City Southern, Kansas City Southern Railway Co, Meridian Speedway L L C, Glenda Kelly, Derrick Kelly, Julian Kelly, James Ray Kelly, Jr., Richland Parish Police Jury re #21 Motion to Dismiss/Lack of Jurisdiction. (aty,Currie, Gaye) Modified to add filers on 2/9/2023 (Thomas, T). |
| Filing 32 RESPONSE TO REMOVAL ORDER by Kansas City Southern Railroad Co, Meridian Speedway L L C . (Attachments: #1 State Court Record)(aty,Childress, Dennis) |
| Filing 31 PROPOSED ORDER/JUDGMENT to Stay Proceedings and Discovery by Kansas City Southern re #29 Motion to Stay. (aty,Currie, Gaye) |
| Filing 30 NOTICE of Deficiency to Gaye Nell Currie on behalf of Kansas City Southern regarding #29 MOTION to Stay Proceedings and Discovery. Reason: Either no proposed order accompanied this motion or the proposed order was not on a separate page. Please see LR7.4.1 or LR58.1 for additional information. (crt,Thomas, T) |
| Set/Reset Deadlines as to #29 MOTION to Stay Proceedings and Discovery. Motion Ripe Deadline set for 2/3/2023. (crt,Thomas, T) |
| Filing 29 MOTION to Stay Proceedings and Discovery by Kansas City Southern. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/3/2023. (aty,Currie, Gaye) Modified to reflect deficient status on 2/6/2023 (Thomas, T). Modified to remove deficiency on 2/6/2023 (Thomas, T). |
| Filing 28 RULE 26(f) Report by Kansas City Southern, Kansas City Southern Railroad Co, Meridian Speedway L L C, Richland Parish Police Jury, Julian Kelly, James Ray Kelly Jr, Glenda Kelly, Derrick Kelly . (aty,Childress, Dennis) Modified to add filers on 2/3/2023 (Thomas, T). |
| Filing 27 ANSWER to Complaint by Police Jury of Richland Parish.(aty,Bergeron, Nicholas) |
| Filing 26 ELECTRONICALLY FILED IN ERROR - REQUEST for Production of Documents by Kansas City Southern Railroad Co, Meridian Speedway L L C.(aty,Ross, Charles) Modified on 1/31/2023 (Thomas, T). |
| Filing 25 ELECTRONICALLY FILED IN ERROR - INTERROGATORIES Propounded to Plaintiffs by Kansas City Southern Railroad Co, Meridian Speedway L L C.(aty,Ross, Charles) Modified on 1/31/2023 (Thomas, T). |
| NOTICE of Corrective Action to Charles Edwin Ross on behalf of Kansas City Southern Railroad Co, Meridian Speedway L L C regarding #25 Interrogatories Propounded, #26 Request for Production of Documents. Action taken: Modified to indicate Electronically Filed in Error; Counsel is reminded of Local Rule 26.5, FRCP5(d), and Standing Order 1.15; local and federal rules do not allow routine filing of discovery, including disclosures and subpoenas under Rule 26. No further action on part of counsel is required. (crt,Thomas, T) |
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Filing 24
ORDER granting #23 Motion to Substitute Attorney. Added attorney Rachel Guajardo Webre, Nicholas Stephen Bergeron for Police Jury of Richland Parish. Attorney Michael E Kramer terminated. Signed by Magistrate Judge Kayla D McClusky on 1/27/2023. (crt,Leday, A)
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| Filing 23 Ex Parte MOTION to Substitute Attorney Rachel G. Webre and Nicholas S. Bergeron in place of Michael E. Kramer with consent by Police Jury of Richland Parish. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/26/2023. (Attachments: #1 Proposed order)(Attorney Nicholas Stephen Bergeron added to party Police Jury of Richland Parish(pty:dft))(aty,Bergeron, Nicholas) |
| Filing 22 NOTICE of Motion Setting regarding: #21 MOTION to Dismiss for Lack of Jurisdiction -Personal. Motions referred to Magistrate Judge Kayla D McClusky. Responses due by 2/14/2023. (crt,Thomas, T) |
| Filing 21 MOTION to Dismiss for Lack of Jurisdiction -Personal by Kansas City Southern. Motions referred to Kayla D McClusky. (Attachments: #1 Exhibit, #2 Exhibit, #3 Memorandum / Brief)(aty,Ross, Charles) |
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Filing 20
CIVIL CASE MANAGEMENT ORDER for cases assigned to Judge Terry A Doughty sent to counsel of record. Rule 26 Conference between parties to take place before 2/10/2023. Signed by Judge Terry A Doughty on 1/20/2023. (crt,Crawford, A)
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Filing 19
ORDER granting #17 Motion to Appear Pro Hac Vice for appearance of D Jason Childress for Kansas City Southern, Kansas City Southern Railroad Co, Meridian Speedway L L C. Signed by Magistrate Judge Kayla D McClusky on 1/19/2023. (crt,Leday, A)
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Filing 18
ORDER granting #16 Motion to Appear Pro Hac Vice for appearance of Charles Edwin Ross for Kansas City Southern, Kansas City Southern Railroad Co, Meridian Speedway L L C. Signed by Magistrate Judge Kayla D McClusky on 1/19/2023. (crt,Leday, A)
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| Filing 17 MOTION for D. Jason Childress to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5428600) by Kansas City Southern, Kansas City Southern Railroad Co, Meridian Speedway L L C. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/18/2023. (Attachments: #1 Letter of Good Standing, #2 Proposed order)(aty,Currie, Gaye) Modified docket text on 1/18/2023 (Miletello, A). |
| Filing 16 MOTION for Charles E. Ross to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5428569) by Kansas City Southern, Kansas City Southern Railroad Co, Meridian Speedway L L C. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/18/2023. (Attachments: #1 Letter of Good Standing, #2 Proposed order)(aty,Currie, Gaye) Modified docket text on 1/18/2023 (Miletello, A). |
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Filing 15
REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Kayla D McClusky on 1/9/2023. (crt,Leday, A)
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| Filing 14 CORPORATE DISCLOSURE STATEMENT by Meridian Speedway L L C identifying Corporate Parent Canadian Pacific Railway Ltd, Other Affiliate Norfolk Southern Corp, Other Affiliate Alabama Great Southern Railroad Co for Meridian Speedway L L C. (aty,Currie, Gaye Nell) Modified on 1/6/2023 (Thomas, T). |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by Kansas City Southern Railroad Co identifying Corporate Parent Canadian Pacific Railway Ltd for Kansas City Southern Railroad Co. (aty,Currie, Gaye Nell) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by Kansas City Southern identifying Corporate Parent Canadian Pacific Railway Ltd for Kansas City Southern. (aty,Currie, Gaye Nell) |
| Filing 11 ANSWER to Complaint with Jury Demand by Meridian Speedway L L C.(aty,Currie, Gaye Nell) |
| Filing 10 ANSWER to Complaint with Jury Demand by Kansas City Southern Railroad Co.(aty,Currie, Gaye Nell) |
| Filing 9 ANSWER to Complaint with Jury Demand by Kansas City Southern.(aty,Currie, Gaye Nell) |
| Filing 8 NOTICE of Deficiency to Gaye Nell Currie on behalf of Kansas City Southern, Kansas City Southern Railroad Co, Meridian Speedway L L C regarding #6 Answer to Complaint, #5 Answer to Complaint, #7 Answer to Complaint. Reason: The document is not on letter-size paper as required by LR10.1. Please re-submit this document in proper form. (crt,Thomas, T) |
| Filing 7 DEFICIENT ANSWER to Complaint with Jury Demand by Meridian Speedway L L C.(Attorney Gaye Nell Currie added to party Meridian Speedway L L C(pty:dft))(aty,Currie, Gaye Nell) Modified to reflect deficiency on 1/5/2023 (Thomas, T). Modified on 1/6/2023 (Thomas, T). |
| Filing 6 DEFICIENT ANSWER to Complaint with Jury Demand by Kansas City Southern Railroad Co.(aty,Currie, Gaye Nell) Modified to reflect deficiency on 1/5/2023 (Thomas, T). Modified on 1/6/2023 (Thomas, T). |
| Filing 5 DEFICIENT ANSWER to Complaint with Jury Demand by Kansas City Southern.(Attorney Gaye Nell Currie added to party Kansas City Southern(pty:dft))(aty,Currie, Gaye Nell) Modified to reflect deficiency on 1/5/2023 (Thomas, T). Modified on 1/6/2023 (Thomas, T). |
| Filing 4 CIVIL COVER SHEET by Kansas City Southern, Kansas City Southern Railroad Co, Meridian Speedway L L C. (aty,Currie, Gaye Nell) |
| Filing 3 NOTICE of Corporate Disclosure Statement Requirement re: #1 Notice of Removal, sent to Gaye Nell Currie on behalf of Kansas City Southern Railroad Co. Corporate Disclosure Statement due by 1/18/2023. (crt,Thomas, T) |
| Filing 2 PROPOSED REMOVAL ORDER Referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 1/4/2023. (crt,Thomas, T) |
| Filing 1 NOTICE of Removal from 5th JDC Richland Parish, Case Number 48909-B with Jury Demand; (Filing fee $402, receipt number ALAWDC-5413885) filed by Kansas City Southern Railroad Co. (Attachments: #1 Exhibit "A" - Petition for Damages, #2 Exhibit "B" - Service of Process Transmittal)(Attorney Gaye Nell Currie added to party Kansas City Southern Railroad Co(pty:dft))(aty,Currie, Gaye Nell) |
| STATE COURT Service Returned Executed. Kansas City Southern Railroad Co answer due 1/11/2023. ADMINISTRATIVE ENTRY: The PDF image can be found within Attachment #2 of document #1 Notice of Removal. (crt,Thomas, T) |
| CASE Assigned to Judge Terry A Doughty and Magistrate Judge Kayla D McClusky. (crt,Thomas, T) |
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