Gunn v. Sterling Infosystems, Inc. et al
| Steven D. Gunn |
| Norfolk Southern Railway Company, BNSF Railway Company, Railroad Controls, LP, E-Verifile.com, Inc., Sterling Infosystems, Inc., Canadian National Railway Company and Sterling Infosystems-Ohio, Inc. |
| 3:2019cv00176 |
| March 11, 2019 |
| US District Court for the Southern District of Mississippi |
| Linda R Anderson |
| Carlton W Reeves |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2019. A more recent docket listing may be available from PACER.
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| Filing 51 Case transferred in from District of Ohio Northern; Case Number 1:18-cv-00457. Original file certified copy of transfer order and docket sheet received. |
| Filing 50 Opinion and Order: The Court denies Defendants' Motions to Dismiss, but orders the case be transferred in its entirety to the Southern District of Mississippi for further adjudication. Judge Christopher A. Boyko on 3/7/2019. (Related Documents #17 , #25 and #28 ) (S,SR) [Transferred from Ohio Northern on 3/11/2019.] |
Order [non-document] denying as moot Defendant Canadian National Railway's Motion to dismiss for lack of jurisdiction (Related Doc #19 ). Judge Christopher A. Boyko on 2/5/2019.(H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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| Filing 49 Reply in support of #25 Motion to dismiss for lack of jurisdiction filed by E-Verifile.com, Inc.. (Mitchell, Megan) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 48 Reply in support of #28 Motion to dismiss for lack of personal jurisdiction, and Motion to dismiss for failure to state a claim, and #17 Motion to dismiss for lack of personal jurisdiction filed by BNSF Railway Company, Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Declaration of James Obermiller) (Gerak, John) [Transferred from Ohio Northern on 3/11/2019.] |
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Filing 47
Order granting Plaintiff's Notice of Party Dismissal without prejudice (Related doc #46 ) as to Defendant Canadian National Railway Company. Judge Christopher A. Boyko on 2/1/2019. (H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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| Filing 46 Notice of Dismissal Under FRCP 41(a)(1) Without Prejudice of Defendant Canadian National Railway Company filed by Steven D. Gunn. (Dooley, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 45 Opposition to #25 Motion to dismiss for lack of jurisdiction , #28 Motion to dismiss for lack of personal jurisdiction and Motion to dismiss for failure to state a claim, #17 Motion to dismiss for lack of personal jurisdiction, #19 Motion to dismiss for lack of personal jurisdiction filed by Steven D. Gunn. (Dooley, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
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Order [non-document] granting Plaintiff's #44 Motion for extension of time until 1/8/2019 to file opposition to Motions to dismiss; Defendants' reply due by 2/4/2019. Judge Christopher A. Boyko on 12/20/2018.(H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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| Filing 44 Motion for extension of time until January 8, 2019 to file response/reply to #25 Motion to dismiss for lack of jurisdiction , #28 Motion to dismiss for lack of personal jurisdiction and Motion to dismiss for failure to state a claim, #17 Motion to dismiss for lack of personal jurisdiction, #19 Motion to dismiss for lack of personal jurisdiction filed by Plaintiff Steven D. Gunn. Related document(s) #25 , #28 , #17 , #19 . (Dooley, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 43 Supplemental Memorandum in support of #28 Motion to dismiss for lack of personal jurisdiction and Motion to dismiss for failure to state a claim filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Syed Westlaw Page)(Gerak, John) [Transferred from Ohio Northern on 3/11/2019.] |
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Order [non-document]. Pursuant to the parties' Joint Status Report (Related doc #42 ), Opposition Briefs to Motions to Dismiss due by 12/19/2018 and Reply Briefs due by 1/11/2019. Judge Christopher A. Boyko on 11/2/2018. (H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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| Filing 42 Joint Status Report filed by E-Verifile.com, Inc.. (Mitchell, Megan) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 41 Notice of Withdrawal of Matthew T. Wholey as Counsel filed by BNSF Railway Company, Canadian National Railway Company, Norfolk Southern Railway Company. (Gerak, John) [Transferred from Ohio Northern on 3/11/2019.] |
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Order [non-document] granting Plaintiff's Motion to continue stay of proceedings until 11/1/2018 (Related Doc #40 ). Parties shall file a joint status report by 11/1/2018. Judge Christopher A. Boyko on 8/8/2018.(H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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| Filing 40 Unopposed Motion to continue Temporary Stay of Proceedings to November 1, 2018 filed by Plaintiff Steven D. Gunn. (Dooley, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
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Order [non-document] granting Plaintiff's unopposed Motion for 90 day stay of proceedings (Related Doc #39 ). Parties shall file a joint status report by 8/20/2018. Judge Christopher A. Boyko on 5/18/2018.(H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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| Filing 39 Unopposed Motion for Temporary Stay of Proceedings filed by Plaintiff Steven D. Gunn. (Dooley, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
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Order [non-document] granting Plaintiff's #38 Motion for extension of time until 6/11/2018 to file opposition to Defendant e-Verifile's Motion to dismiss. Judge Christopher A. Boyko on 5/14/2018.(H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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| Filing 38 Unopposed Motion for extension of time until 6/11/2018 to file response/reply to #25 Motion to dismiss for lack of jurisdiction filed by Plaintiff Steven D. Gunn. Related document(s) #25 . (Dooley, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 37 Corporate Disclosure Statement identifying Corporate Parent RCL, LLC, Corporate Parent RCLP Acquisition, LLC, Other Affiliate Xorail, Inc., Other Affiliate Wabtec Holding Corporation, Other Affiliate Westinghouse Air Brake Technologies Corporation for Railroad Controls, LP filed by Railroad Controls, LP. (Attachments: #1 Exhibit A (Response to Question No. 1))(Carpenter, Michael) [Transferred from Ohio Northern on 3/11/2019.] |
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Filing 36
Order granting Stipulation of Voluntary Dismissal with prejudice as to Defendants Sterling Infosystems-Ohio, Inc. and Sterling Infosystems, Inc. (Related doc #35 ). Judge Christopher A. Boyko on 5/9/2018. (H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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| Filing 35 Proposed Stipulation of Voluntary Dismissal Under FRCP 41(a)(1) filed by Sterling Infosystems, Inc., Sterling Infosystems-Ohio, Inc. (Hartmann, Albert) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 34 Motion for attorney Louis A. DePaul to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8689189, filed by Defendant Railroad Controls, LP. (Attachments: #1 Exhibit 1 - Certificate of Good Standing)(Carpenter, Michael) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 33 Motion for attorney Thomas J. Sweeney to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8689166, filed by Defendant Railroad Controls, LP. (Attachments: #1 Exhibit 1 - Certificate of Good Standing)(Carpenter, Michael) [Transferred from Ohio Northern on 3/11/2019.] |
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Order [non-document] granting Defendant Railroad Controls' Motions for attorneys Thomas J. Sweeney and Louis A. DePaul to appear pro hac vice (Related Doc #'s #33 , #34 ). Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Christopher A. Boyko on 5/4/2018.(H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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Order [non-document] granting Defendant E-Verifile.com's Motions for attorneys Megan P. Mitchell and Henry M. Perlowski to appear pro hac vice (Related Doc #'s #31 , #32 ). Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Christopher A. Boyko on 5/4/2018.(H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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| Filing 32 Motion for attorney Henry M. Perlowski to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8687527, filed by Defendant E-Verifile.com, Inc. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing)(Calderas, Erica) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 31 Motion for attorney Megan P. Mitchell to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8687506, filed by Defendant E-Verifile.com, Inc. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing)(Calderas, Erica) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 30 Unopposed Motion for extension of time until 5/30/18 to answer filed by Defendant Railroad Controls, LP. (Carpenter, Michael) [Transferred from Ohio Northern on 3/11/2019.] |
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Order [non-document] granting Defendant Railroad Controls' #30 Motion for extension of time until 5/30/2018 to Answer. Judge Christopher A. Boyko on 5/1/2018.(H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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Order [non-document] granting Plaintiff's #29 Motion for extension of time until 5/23/2018 to respond to Motions to dismiss. Judge Christopher A. Boyko on 4/24/2018.(H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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| Filing 29 Unopposed Motion for extension of time until May 23, 2018 to file response/reply to #17 Motion to dismiss for lack of personal jurisdiction, #19 Motion to dismiss for lack of personal jurisdiction filed by Plaintiff Steven D. Gunn. Related document(s) #17 , #19 . (Dooley, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 28 Motion to dismiss for lack of personal jurisdiction and Motion to dismiss for failure to state a claim, with Memorandum in Support, filed by Defendant Norfolk Southern Railway Company. Related document(s) #1 . (Attachments: #1 Exhibit A - Declaration of Kinsha O. Swain, #2 Exhibit B - Declaration of Jon M. Zillioux, #3 Exhibit C - Declaration of Richard P. Vaughan)(Gerak, John). Added Motion to dismiss for failure to state a claim on 4/24/2018 (T,Je). [Transferred from Ohio Northern on 3/11/2019.] |
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Order [non-document] granting Defendant Sterling Infosystems' #27 Motion for extension of time until 5/10/2018 to Answer. Judge Christopher A. Boyko on 4/13/2018.(H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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| Filing 27 Unopposed Motion for extension of time until May 10, 2018 to answer Complaint filed by Defendant Sterling Infosystems, Inc.. (Scherzer, Donald) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 26 Corporate Disclosure Statement filed by E-Verifile.com, Inc.. (Calderas, Erica) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 25 Motion to dismiss for lack of jurisdiction filed by Defendant E-Verifile.com, Inc.. Related document(s) #1 . (Attachments: #1 Brief in Support, #2 Exhibit A - Brian Hullinger Declaration)(Calderas, Erica) [Transferred from Ohio Northern on 3/11/2019.] |
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Order [non-document] granting Sterling Defendants' Motions for attorneys Michael C. O'Neil and Albert E. Hartmann to appear pro hac vice (Related Doc #'s #23 , #24 ). Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Christopher A. Boyko on 4/10/2018.(H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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| Filing 24 Motion for attorney Albert E. Hartmann to Appear Pro Hac Vice with Certificate of Good Standing. Filing fee $ 120, receipt number 0647-8641997, filed by Sterling Infosystems, Inc., Sterling Infosystems-Ohio, Inc. (Scherzer, Donald). Modified text on 4/6/2018 (D,JJ). [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 23 Motion for attorney Michael C. O'Neil to Appear Pro Hac Vice with Certificate of Good Standing. Filing fee $ 120, receipt number 0647-8641980, filed by Sterling Infosystems, Inc., Sterling Infosystems-Ohio, Inc. (Scherzer, Donald) Modified text on 4/6/2018 (D,JJ). [Transferred from Ohio Northern on 3/11/2019.] |
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Order [non-document] granting Defendant Canadian National Railway's Motions for attorneys Robert S. Hawkins and Anna Will Kentz to appear pro hac vice (Related Doc #'s #21 , #22 ). Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Christopher A. Boyko on 4/3/2018.(H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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| Filing 22 Motion for attorney Anna B. Will Kentz to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8633259, filed by Defendant Canadian National Railway Company. (Attachments: #1 Exhibit 1 - Affidavit of Anna B. Will Kentz)(Wholey, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 21 Motion for attorney Robert S. Hawkins to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8633169, filed by Defendant Canadian National Railway Company. (Attachments: #1 Exhibit 1 - Affidavit of Robert S. Hawkins)(Wholey, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 20 Corporate Disclosure Statement filed by Canadian National Railway Company. (Wholey, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 19 Motion to dismiss for lack of personal jurisdiction, with memorandum in support, filed by Defendant Canadian National Railway Company. Related document(s) #1 . (Attachments: #1 Exhibit A - Affidavit of Michael Novak)(Wholey, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 18 Corporate Disclosure Statement identifying Corporate Parent Burlington Northern Sante Fe, LLC, Other Affiliate Berkshire Hathaway, Inc., Other Affiliate National Indemnity Company for BNSF Railway Company filed by BNSF Railway Company. (Gerak, John)[Transferred from Ohio Northern on 3/11/2019.] |
| Filing 17 Motion to dismiss for lack of personal jurisdiction, with memorandum in support, filed by Defendant BNSF Railway Company. Related document(s) #1 . (Attachments: #1 Exhibit A - Gunn Notice Letter, #2 Exhibit B - Declaration of Corin Thomas, #3 Exhibit C - Declaration of James Obermiller)(Gerak, John) [Transferred from Ohio Northern on 3/11/2019.] |
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Order [non-document] granting Defendant Sterling Infosystems' #15 Motion for extension of time until 4/12/2018 to Answer. Judge Christopher A. Boyko on 3/22/2018.(H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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| Filing 16 Corporate Disclosure Statement identifying other affiliate Sterling Intermediate Corp., other affiliate Sterling Ultimate Parent Corp., other affiliate Goldman Sachs Group, Inc., other affiliate La Caisse de depot et placement du Quebec for Sterling Infosystems, Inc. filed by Defendant Sterling Infosystems, Inc. (Scherzer, Donald) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 15 Unopposed Motion for extension of time until April 12, 2018 to answer Move or Plead in Response to Complaint filed by Defendant Sterling Infosystems, Inc.. (Scherzer, Donald) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 14 Attorney Appearance by Donald S. Scherzer and Richard S. Mitchell filed by on behalf of Sterling Infosystems, Inc. (Scherzer, Donald) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 13 Stipulated Motion for leave to plead (extension of time until 4/11/2018 to answer Plaintiff's complaint) filed by Defendant E-Verifile.com, Inc. Related document(s) #1 . (Calderas, Erica) [Transferred from Ohio Northern on 3/11/2019.] |
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Order [non-document] granting Defendant e-Verifile.com's #13 Motion for extension of time until 4/11/2018 to Answer. Judge Christopher A. Boyko on 3/20/2018.(H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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Order [non-document]granting Defendant Norfolk Southern Railway Company's #12 Motion for extension of time until 4/23/2018 to answer. Judge Christopher A. Boyko on 3/19/2018.(H,CM) [Transferred from Ohio Northern on 3/11/2019.]
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| Filing 12 Stipulated Motion for extension of time until April 23, 2018 to answer filed by Defendant Norfolk Southern Railway Company. (Gerak, John) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 11 Corporate Disclosure Statement identifying Corporate Parent Norfolk Southern Corporation for Norfolk Southern Railway Company filed by Norfolk Southern Railway Company. (Gerak, John) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 10 Proposed Stipulation for Leave to Plead filed by Norfolk Southern Railway Company. (Gerak, John) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 9 Return of Service by personal service executed upon Railroad Controls, LP on 3/7/2018, filed on behalf of Steven D. Gunn (Dooley, Matthew) Modified text on 3/15/2018 to note document does not indicate service date; signed on 3/7/18. (T,Je). [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 8 Return of Service by personal service executed upon Canadian National Railway Company on 3/7/2018, filed on behalf of Steven D. Gunn (Dooley, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 7 Return of Service by personal service executed upon Sterling Infosystems, Inc. on 3/1/2018, filed on behalf of Steven D. Gunn (Dooley, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 6 Return of Service by personal service executed upon Sterling Infosystems-Ohio, Inc. on 3/1/2018, filed on behalf of Steven D. Gunn (Dooley, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 5 Return of Service by personal service executed upon Norfolk Southern Railway Company on 3/2/2018, filed on behalf of Steven D. Gunn (Dooley, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 4 Return of Service by personal service executed upon BNSF Railway Company on 3/2/2018, filed on behalf of Steven D. Gunn (Dooley, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 3 Return of Service by personal service executed upon E-Verifile.com, Inc. on 2/28/2018, filed on behalf of Steven D. Gunn (Dooley, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon All Defendants. (Attachments: #1 Magistrate Consent Form) (S,SR) [Transferred from Ohio Northern on 3/11/2019.] |
| Judge Christopher A. Boyko assigned to case. (S,SR) [Transferred from Ohio Northern on 3/11/2019.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (S,SR) [Transferred from Ohio Northern on 3/11/2019.] |
| Filing 1 Class Action Complaint with jury demand against BNSF Railway Company, Canadian National Railway Company, E-Verifile.com, Inc., Norfolk Southern Railway Company, Railroad Controls, LP, Sterling Infosystems, Inc., Sterling Infosystems-Ohio, Inc. Filing fee paid $ 400, Receipt number 0647-8572529. Filed by Steven D. Gunn. (Attachments: #1 Civil Cover Sheet, #2 Summons BNSF Railway Company, #3 Summons Canadian National Railway Company, #4 Summons E-Verifile.com, Inc., #5 Summons Norfolk Southern Railway Company, #6 Summons Sterling Infosystems, Inc. as successor by merger to Sterling Infosystems-Ohio, Inc., #7 Summons Sterling Infosystems, Inc., #8 Summons Railroad Controls, LP) (Dooley, Matthew) [Transferred from Ohio Northern on 3/11/2019.] |
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