Stewart v. The Kansas City Southern Railway Company et al
Plaintiff: Aaron Stewart
Defendant: The Kansas City Southern Railway Company, John Doe[s] and Jane Doe[s]
Case Number: 3:2022cv00449
Filed: August 5, 2022
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Tom S Lee
Referring Judge: Robert P Myers
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2022 Opinion or Order Filing 15 AGREED ORDER DISMISSING ALL CLAIMS AND COUNTERCLAIMS WITHOUT PREJUDICE granting #14 Motion to Dismiss. IT IS, THEREFORE, ORDERDED AND ADJUDGED that all claims and counterclaims in the above-captioned action are hereby dismissed, without prejudice. Signed by District Judge Tom S. Lee on 9/30/2022 (VM)
September 29, 2022 Filing 14 Joint MOTION to Dismiss All Claims and Counterclaims Without Prejudice by The Kansas City Southern Railway Company (Childress, Dennis)
September 12, 2022 Filing 13 NOTICE of Service of First Set of Request for Production by The Kansas City Southern Railway Company (Childress, Dennis)
September 12, 2022 Filing 12 NOTICE of Service of First Set of Interrogatories by The Kansas City Southern Railway Company (Childress, Dennis)
September 7, 2022 Opinion or Order Filing 11 CASE MANAGEMENT ORDER: Jury Trial set during a four-week term of Court beginning on 10/2/2023 09:00 AM in Courtroom 4A (Jackson) before District Judge Tom S. Lee. Pretrial Conference set for 9/11/2023 09:00 AM in Courtroom 4A (Jackson) before District Judge Tom S. Lee. Discovery due by 4/20/2023. Motions for Amended Pleadings due by 10/7/2022. Motions for Joinder of Parties due by 10/7/2022. Designate Experts Plaintiff Deadline due by 1/6/2023. Designate Experts for Defendant Deadline due by 2/6/2023. Motions due by 5/4/2023. Settlement Conference set for 8/23/2023 09:30 AM in Courtroom 6C (Jackson) before Magistrate Judge Robert P. Myers Jr. ADR Report due by 9/4/2023. Proposed Pretrial Order due by 9/11/2023. EDT: 4-5 days. Parties do not consent. Signed by Magistrate Judge Robert P. Myers, Jr on 9/7/2022 (SR)
September 7, 2022 Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: Telephonic Case Management Conference held on 9/7/2022 with attorneys Eric J. Lewellyn, Dennis Jason Childress and Charles E. Ross. (SR)
September 6, 2022 Filing 10 Plaintiff's ANSWER to #2 Answer to Complaint, Counterclaim by Aaron Stewart.(Lewellyn, Eric)
August 31, 2022 Filing 9 NOTICE of Service of Initial Disclosure by The Kansas City Southern Railway Company (Childress, Dennis)
August 26, 2022 Opinion or Order Filing 8 AGREED PROTECTIVE ORDER Signed by Magistrate Judge Robert P. Myers, Jr on August 26, 2022 (Attachments: #1 Exhibit A--Acknowledgement of Recipient)(SK)
August 25, 2022 Filing 7 Unopposed MOTION for Protective Order by The Kansas City Southern Railway Company (Childress, Dennis)
August 16, 2022 Filing 6 State Court Record by Defendant The Kansas City Southern Railway Company Volumes 1 (Attachments: #1 Attachment Hinds Co. Circuit Court Record)(Childress, Dennis)
August 8, 2022 Filing 5 Rule 16(a) Initial Order Telephonic Case Management Conference set for 9/7/2022 09:45 AM before Magistrate Judge Robert P. Myers Jr. (SR)
August 5, 2022 Filing 4 Corporate Disclosure Statement by The Kansas City Southern Railway Company (Ross, Charles)
August 5, 2022 Filing 3 ***ERROR***DISREGARD THIS ENTRY***Corporate Disclosure Statement by The Kansas City Southern Railway Company (Childress, Dennis) Modified on 8/5/2022 (KNS).
August 5, 2022 Filing 2 ANSWER to Complaint with Jury Demand , Affirmative Defenses and, COUNTERCLAIM against Aaron Stewart by The Kansas City Southern Railway Company.(Childress, Dennis)
August 5, 2022 Filing 1 NOTICE OF REMOVAL by The Kansas City Southern Railway Company from Circuit Court of Hinds County, Mississippi, case number 22-420. ( Filing fee $ 402 receipt number AMSSDC-4903948) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - KCSR SOS Info, #3 Exhibit C - SOP Sheet, #4 Civil Cover Sheet)(VM)
August 5, 2022 DOCKET ANNOTATION as to #4 : Since a Notice of Appearance by attorney was not previously filed, the attorney is advised in the future when making an appearance in a case to add himself/herself to the appropriate party and to make sure the correct party/attorney association is made, or in the alternative to file a Notice of Appearance. Correction has been made. (KNS)
August 5, 2022 DOCKET ANNOTATION as to #3 : Pursuant to the Administrative Procedures for Electronic Case Filing Section 2.C. and FED.R.Civ.P.11 an attorney's password issued by the court combined with the user's identification (login) serves as the attorney's signature for Rule 11 and other purposes. Attorneys should not permit other attorneys to use their login and password forany ECF filing. Document #3 will be disregarded and the attorney with theelectronic signature on the document should re-file document. (KNS)

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Plaintiff: Aaron Stewart
Represented By: Eric J. Lewellyn
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Defendant: The Kansas City Southern Railway Company
Represented By: Charles E. Ross
Represented By: Dennis Jason Childress
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Defendant: John Doe[s]
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Defendant: Jane Doe[s]
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