Soberal v. Norfolk Southern Railway Co.
| Jose Soberal |
| NORFOLK SOUTHERN RAILWAY CO. |
| 2:2022cv00275 |
| January 20, 2022 |
| US District Court for the District of New Jersey |
| Julien Xavier Neals |
| Leda D Wettre |
| P.I.: Other |
| 45 U.S.C. § 51 |
| Both |
Docket Report
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This docket was last retrieved on March 15, 2022. A more recent docket listing may be available from PACER.
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Filing 22
ORDER granting #21 Motion for Leave to Appear Pro Hac Vice as to Robert S. Hawkins, etc. Signed by Magistrate Judge Leda D. Wettre on 3/15/2022. (lag, )
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| Filing 21 MOTION for Leave to Appear Pro Hac Vice (Robert S. Hawkins) by NORFOLK SOUTHERN RAILWAY CO.. (SUED AGRESTI, JANICE) |
| Filing 20 NOTICE of Appearance by JANICE SUED AGRESTI on behalf of NORFOLK SOUTHERN RAILWAY CO. (SUED AGRESTI, JANICE) |
| Set Deadlines as to #21 MOTION for Leave to Appear Pro Hac Vice (Robert S. Hawkins). Motion set for 4/4/2022 before Judge Julien Xavier Neals. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (lag, ) |
| Filing 19 NOTICE of Appearance by THOMAS C. HART on behalf of NORFOLK SOUTHERN RAILWAY CO. (HART, THOMAS) |
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Filing 18
TEXT ORDER - A telephone conference is set for 4/7/2022 at 4:30 p.m. before Magistrate Judge Leda D. Wettre. The parties shall submit concise status letters to the Court no later than one week in advance of the conference. Dial-in information for the conference is (888) 684-8852, access code 8948139. Plaintiff's counsel is directed to notify defendant of the date, time, and dial-in number for the call. So Ordered by Magistrate Judge Leda D. Wettre on 1/26/2022. (rn)
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| Filing 17 NOTICE of Appearance by SAMUEL J. ROSENTHAL on behalf of Jose Soberal (ROSENTHAL, SAMUEL) |
| Judge Julien Xavier Neals and Magistrate Judge Leda D. Wettre added. (ps) |
| Filing 16 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:21-cv-08670. Original file certified copy of transfer order and docket sheet received. |
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Filing 15
STIPULATION AND ORDER TO TRANSFER VENUE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by Plaintiff and NSRC, by and through their respective counsel, that an Order be entered transferring this Action from the United States District Court for the Southern District of New York to the United States District Court for the District of New Jersey, for propriety of venue pursuant to 28 U.S.C. 1391 and in personam jurisdiction pursuant to Rule 4 of the Federal Rules of Civil Procedure; IT IS FURTHER STIPULATED AND AGREED, by Plaintiff and NSRC, that an Order be entered directing the Clerk of the Court for the United States District Court for the Southern District of New York to forward the filings in this Action to the Clerk of the Court for the United States District Court for the District of New Jersey; and IT IS FURTHER STIPULATED AND AGREED, that Plaintiff and NSRC shall bear their own respective fees and costs relating to the transfer of venue to be affected pursuant hereto. SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/20/2022) (mml)
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey. (mml) |
| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by Norfolk Southern Railway Co...(Bruno, Matthew) |
| Filing 13 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Norfolk Southern Railway Co...(Bruno, Matthew) Proposed Order to be reviewed by Clerk's Office staff. Modified on 1/18/2022 (dt). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Bruno, Matthew to RE-FILE Document #13 Proposed Order. Use the event type Proposed Stipulation and Order found under the event list Proposed Orders. Change Title of Document to Stipulation and Order to Transfer Venue, have attorneys sign (ink signatures), then re-file. (dt) |
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Filing 12
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have taken place. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 4 days. Amended Pleadings due by 1/30/2022. Joinder of Parties due by 2/19/2022. Deposition due by 5/1/2022. Fact Discovery due by 5/12/2022. Expert Discovery due by 6/26/2022. Pre-Motion Conference set for 7/13/2022 at 04:30 PM before Judge Lorna G. Schofield. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Courts calendar. (And as further set forth herein.) SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/5/2022) (jca)
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Filing 11
ORDER: It is hereby ORDERED that the January 12, 2022, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that by January 21, 2022, the parties shall file separate letters stating whether the case should be transferred to the District Court of New Jersey, or file a stipulation agreeing to transfer the case to the District Court of New Jersey. It is further ORDERED that if Defendant seeks to file a motion to dismiss, it shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Courts mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 1/5/2022) (kv)
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| Filing 10 PROPOSED CASE MANAGEMENT PLAN. Document filed by Norfolk Southern Railway Co.. (Attachments: #1 Appendix).(Bruno, Matthew) |
| Filing 9 NOTICE OF APPEARANCE by Matthew V Bruno on behalf of Norfolk Southern Railway Co...(Bruno, Matthew) |
| Filing 8 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Norfolk Southern Railway Co...(MacKin, Erin) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Norfolk Southern Corporation for Norfolk Southern Railway Co.. Document filed by Norfolk Southern Railway Co...(MacKin, Erin) |
| Filing 6 NOTICE OF APPEARANCE by Erin Nicole MacKin on behalf of Norfolk Southern Railway Co...(MacKin, Erin) |
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Filing 5
ORDER : It is hereby ORDERED that a telephonic conference will be held on January 12, 2022 at 4:30 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. Additionally, in accordance with the Court's Individual Rules, the parties are hereby ORDERED to prepare a joint Proposed Civil Case Management Plan and Scheduling Order in the form available at the Court's website (http://nysd.uscourts.gov/judge/Schofield) and append it to their joint letter described below. The parties must propose dates for the various deadlines even if they intend to request a stay of discovery. IT IS FURTHER ORDERED that the parties shall file a joint letter on ECF by January 5, 2022 at noon, not to exceed five (5) pages, providing the following information in separate paragraphs as further set forth in this Order. Counsel who have noticed an appearance as of the issuance of this order are directed (i) to notify all other parties attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules forthwith, and (ii) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must send a copy of this order and Individual Rules to that party personally. DATE AND TIME OF TELEPHONIC CONFERENCE: January 12, 2022 at 4:30 p.m. IPTC MATERIALS DUE: January 5, 2022 at noon.( Initial Conference set for 1/12/2022 at 04:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/1/21) (yv)
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| Filing 4 CIVIL COVER SHEET filed..(Zhu, Michael) |
| Filing 3 ELECTRONIC SUMMONS ISSUED as to Norfolk Southern Railway Co.. (vf) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Michael H. Zhu. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael H. Zhu. The party information for the following party/parties has been modified: JOSE SOBERAL. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| Case Designated ECF. (vf) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Norfolk Southern Railway Co, re: #1 Complaint. Document filed by Jose Soberal.(Zhu, Michael) |
| Filing 1 COMPLAINT against Norfolk Southern Railway Co.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25231779)Document filed by Jose Soberal.(Zhu, Michael) |
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| Plaintiff: Jose Soberal | |
| Represented By: | SAMUEL J. ROSENTHAL |
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| Defendant: NORFOLK SOUTHERN RAILWAY CO. | |
| Represented By: | JANICE SUED AGRESTI |
| Represented By: | THOMAS C. HART |
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