Gunn v. Sterling Infosystems, Inc. et al

Plaintiff: Steven D. Gunn
Defendant: 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.
Case Number: 3:2019cv00176
Filed: March 11, 2019
Court: US District Court for the Southern District of Mississippi
0 Judge: Linda R Anderson
1 Judge: Carlton W Reeves
Nature of Suit: Consumer Credit
Cause of Action: 15:1681
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on March 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 11, 2019 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.
March 7, 2019 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.]
February 5, 2019 Opinion or Order 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.]
February 4, 2019 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.]
February 4, 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.]
February 1, 2019 Opinion or Order 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.]
January 30, 2019 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.]
January 8, 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.]
December 20, 2018 Opinion or Order 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.]
December 19, 2018 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.]
November 19, 2018 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.]
November 2, 2018 Opinion or Order 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.]
November 1, 2018 Filing 42 Joint Status Report filed by E-Verifile.com, Inc.. (Mitchell, Megan) [Transferred from Ohio Northern on 3/11/2019.]
September 17, 2018 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.]
August 8, 2018 Opinion or Order 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.]
July 20, 2018 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.]
May 18, 2018 Opinion or Order 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.]
May 17, 2018 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.]
May 14, 2018 Opinion or Order 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.]
May 11, 2018 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.]
May 10, 2018 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.]
May 9, 2018 Opinion or Order 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.]
May 8, 2018 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.]
May 4, 2018 Opinion or Order 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.]
May 4, 2018 Opinion or Order 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.]
May 4, 2018 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.]
May 4, 2018 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.]
May 3, 2018 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.]
May 3, 2018 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.]
May 1, 2018 Opinion or Order 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.]
May 1, 2018 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.]
April 24, 2018 Opinion or Order 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.]
April 23, 2018 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.]
April 23, 2018 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.]
April 13, 2018 Opinion or Order 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.]
April 12, 2018 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.]
April 11, 2018 Filing 26 Corporate Disclosure Statement filed by E-Verifile.com, Inc.. (Calderas, Erica) [Transferred from Ohio Northern on 3/11/2019.]
April 11, 2018 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.]
April 10, 2018 Opinion or Order 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.]
April 6, 2018 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.]
April 6, 2018 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.]
April 3, 2018 Opinion or Order 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.]
April 2, 2018 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.]
April 2, 2018 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.]
March 27, 2018 Filing 20 Corporate Disclosure Statement filed by Canadian National Railway Company. (Wholey, Matthew) [Transferred from Ohio Northern on 3/11/2019.]
March 27, 2018 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.]
March 23, 2018 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.]
March 23, 2018 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.]
March 22, 2018 Opinion or Order 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.]
March 21, 2018 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.]
March 21, 2018 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.]
March 21, 2018 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.]
March 20, 2018 Opinion or Order 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.]
March 20, 2018 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.]
March 19, 2018 Opinion or Order 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.]
March 16, 2018 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.]
March 16, 2018 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.]
March 16, 2018 Filing 10 Proposed Stipulation for Leave to Plead filed by Norfolk Southern Railway Company. (Gerak, John) [Transferred from Ohio Northern on 3/11/2019.]
March 8, 2018 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.]
March 8, 2018 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.]
March 8, 2018 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.]
March 8, 2018 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.]
March 8, 2018 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.]
March 8, 2018 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.]
March 8, 2018 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.]
February 27, 2018 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.]
February 27, 2018 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.]
February 27, 2018 Judge Christopher A. Boyko assigned to case. (S,SR) [Transferred from Ohio Northern on 3/11/2019.]
February 26, 2018 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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Search for this case: Gunn v. Sterling Infosystems, Inc. et al
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Plaintiff: Steven D. Gunn
Represented By: Stephen M. Bosak
Represented By: Matthew A. Dooley
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Defendant: Norfolk Southern Railway Company
Represented By: John Gerak
Represented By: Matthew T. Wholey
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Defendant: BNSF Railway Company
Represented By: John Gerak
Represented By: Matthew T. Wholey
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Defendant: Railroad Controls, LP
Represented By: Michael H. Carpenter
Represented By: Amber L. Merl
Represented By: Thomas J. Sweeney
Represented By: Louis A. DePaul
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Defendant: E-Verifile.com, Inc.
Represented By: Erica L. Calderas
Represented By: Henry M. Perlowski
Represented By: Megan P. Mitchell
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Defendant: Sterling Infosystems, Inc.
Represented By: Donald S. Scherzer
Represented By: Michael C. O'Neil
Represented By: Albert E. Hartmann
Represented By: Richard S. Mitchell
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Defendant: Canadian National Railway Company
Represented By: John Gerak
Represented By: Robert S. Hawkins
Represented By: Matthew T. Wholey
Represented By: Anna Will Kentz
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Defendant: Sterling Infosystems-Ohio, Inc.
Represented By: Donald S. Scherzer
Represented By: Michael C. O'Neil
Represented By: Albert E. Hartmann
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