Kemp v. CSX Transportation, Inc.
Plaintiff: Terrance Kemp, Matthew Thompson, Stephon D. Burkett, Terrance J. Kemp, Dennis G. McKay and Theodore R. Smith
Defendant: CSX Transportation, Inc.
Case Number: 1:2011cv00706
Filed: June 23, 2011
Court: US District Court for the Northern District of New York
Office: Albany Office
County: Albany
Presiding Judge: David N Hurd
Referring Judge: Randolph F Treece
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. ยง 1981
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 29, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 29, 2014 Opinion or Order Filing 109 STIPULATION/ORDER of Dismissal as to Dennis McKay, thereby DISMISSING CASE (no plaintiff's remain). Signed by Judge David N. Hurd on 10/29/14. (tab)
October 28, 2014 Filing 108 STIPULATION of Dismissal as to Plaintiff Dennis G. McKay Only by CSX Transportation, Inc. submitted to Judge David N. Hurd. (Roney, Susan)
October 23, 2014 Opinion or Order Filing 107 STIPULATION/ORDER re #104 Stipulation of Dismissal filed by CSX Transportation, Inc., Matthew Thompson terminated. Signed by Judge David N. Hurd on 10/23/14. (tab)
October 23, 2014 Opinion or Order Filing 106 STIPULATION/ORDER re #103 Stipulation of Dismissal filed by CSX Transportation, Inc., Stephon D. Burkett terminated. Signed by Judge David N. Hurd on 10/23/14. (tab)
October 23, 2014 Opinion or Order Filing 105 STIPULATION AND ORDER re #102 Stipulation of Dismissal filed by CSX Transportation, Inc., Theodore R. Smith terminated. Signed by Judge David N. Hurd on 10/23/14. (tab)
October 23, 2014 Filing 104 STIPULATION of Dismissal as to Plaintiff Matthew Thompson Only by CSX Transportation, Inc. submitted to Judge David N. Hurd. (Roney, Susan)
October 23, 2014 Filing 103 STIPULATION of Dismissal as to Plaintiff Stephon D. Burkett Only by CSX Transportation, Inc. submitted to Judge David N. Hurd. (Roney, Susan)
October 23, 2014 Filing 102 STIPULATION of Dismissal as to Plaintiff Theodore R. Smith Only by CSX Transportation, Inc. submitted to Judge David N. Hurd. (Roney, Susan)
October 15, 2014 TEXT Minute Entry for proceeding held before Judge David N. Hurd, in Utica, NY. Final Pretrial Conference held on 10/15/2014. Court and Counsel meet and review settlement of plaintiff Kemp's cause of action, mediation of further issues and trial date. Judge Hurd orders parties to be prepared to proceed with the Jury Trial of all remaining causes of action at 9:30am on Wednesday, November 12, 2014 in USDC Utica, NY. All pretrial submissions shall be filed on or before 12:00pm on Wednesday October 29, 2014. Appearances: John J. Hoke, Esq for plaintiffs, Susan C. Roney, Esq. for defendant CSX. (Pretrial Submissions due by 10/29/2014, Jury Selection set for 11/12/2014 09:30AM in Utica before Judge David N. Hurd.) (10:00-10:30am) (ptm)
October 15, 2014 Opinion or Order Filing 101 STIPULATION and ORDER of DISMISSAL With Prejudice as to Terrance Kemp. The action as to the remaining plaintiffs against defendant continues. Signed by Judge David N. Hurd on 10/14/2014. (lah)
October 14, 2014 Filing 100 STIPULATION of Dismissal as to Plaintiff Terrance J. Kemp Only by CSX Transportation, Inc. submitted to Judge David N. Hurd. (Roney, Susan)
October 14, 2014 Opinion or Order Filing 99 TEXT ORDER: Granting #98 Letter Motion from John J. Hoke, Esq. for plaintiff Terrance Kemp requesting extension of deadline to report to the Court regarding status of settlement. Parties shall have until 5:00pm on October 14, 2014 to submit a report to the Court or file a Stipulation of Discontinuance pursuant to FRCP 41(1)(A)(ii). Parties are further reminded that appearances are required at the IN PERSON status conference in Utica, New York, at 10:00 a.m. on Wednesday, October 15, 2014. So Ordered by Judge David N. Hurd on 10/14/2014. (ptm)
October 14, 2014 Filing 98 Letter Motion from Plaintiff's attorneys for Terrance Kemp requesting extension of deadline to report to the Court regarding status of settlement submitted to Judge Hurd . (Hoke, John)
October 9, 2014 Filing 97 TEXT ORDER: Plaintiff's request to stay the pretrial scheduling order in light of settlement of plaintiff Kemp's claims (ECF No. 96) is GRANTED. The parties are directed to file a stipulation of settlement regarding plaintiff Kemp's claims on or before noon on Tuesday, 10/14/2014. Further, an IN PERSON status conference will be conducted in Utica, New York, at 10:00 a.m. on Wednesday, 10/15/2014. The parties should be prepared to discuss the future procedure of this case. No requests to adjourn this conference will be entertained. Notice of Compliance Deadline to file stipulation of settlement is 10/14/2014. Status Conference set for 10/15/2014 10:00 AM in Utica before Judge David N. Hurd. Pursuant to the Oral Order of Judge David N. Hurd on 10/9/2014. (see)
October 9, 2014 Filing 96 Letter Motion from Plaintiff's attorneys for Terrance Kemp requesting stay of pretrial scheduling order submitted to Judge Hurd . (Hoke, John)
October 7, 2014 Opinion or Order Filing 95 ORDER granting #94 Letter Request to file documents under seal. Signed by Judge David N. Hurd on 10/7/14. (tab)
October 6, 2014 Filing 94 Letter Motion from Susan C. Roney for CSX Transportation, Inc. requesting permission to file documents under seal submitted to Judge David N. Hurd . (Roney, Susan)
October 6, 2014 Filing 93 MOTION in Limine to Exclude Testimony of Plaintiff's Expert Jamie C. Modesitt filed by CSX Transportation, Inc.. (Attachments: #1 Declaration of Susan C. Roney in Support of Motion in Limine, #2 Exhibit(s) A: J. Modesitt Report [Filed Under Seal], #3 Exhibit(s) B: J. Modesitt Non-Confidential Deposition Transcript, #4 Exhibit(s) C: J. Modesitt Confidential Deposition Transcript [Filed Under Seal], #5 Exhibit(s) D: Public Law Board Award, #6 Exhibit(s) E: R. Swann-Jackson Report, #7 Exhibit(s) F: R. Swann-Jackson Deposition Transcript Excerpt, #8 Memorandum of Law, #9 Certificate of Service) (Roney, Susan)
September 15, 2014 Opinion or Order Filing 92 ORDER denying #91 Letter Request to adjourn trial date. Signed by Judge David N. Hurd on 9/15/14. (tab)
September 12, 2014 Filing 91 Letter Motion from Susan C. Roney for CSX Transportation, Inc. requesting adournment of trial date submitted to Judge David N. Hurd . (Roney, Susan)
September 9, 2014 Opinion or Order Filing 90 Decision and ORDER granting in part and denying in part #80 Motion to Sever;Plaintiff Terrance Kemp's claims are severed and will be tried separately;The motion to sever the remaining four plaintiffs' claims is DENIED, withoutprejudice;Due to scheduling conflicts in the court calendar, the trial for plaintiff Kemp's claims will commence with jury selection at 9:30 a.m. on October 20, 2014, in Utica, New York; Pretrial papers are due on or before noon on October 9, 2014; and a final pretrial/settlement conference will be held at 10:00 a.m. on October 15, 2014. Signed by Judge David N. Hurd on 9/9/14. (tab)
September 9, 2014 Set/Reset Trial Management Order Deadlines: Jury Selection set for 10/20/2014 09:30 AM in Utica before Judge David N. Hurd. Jury Trial set for 10/20/2014 09:30 AM in Albany before Judge David N. Hurd. Pretrial Submissions due by 10/9/2014 (tab)
September 9, 2014 Set/Reset Hearings: Final Pretrial Conference set for 10/15/2014 10:00 AM in Utica before Judge David N. Hurd. (tab)
August 18, 2014 Filing 89 REPLY to Response to Motion re #80 MOTION to Sever filed by CSX Transportation, Inc.. (Attachments: #1 Certificate of Service)(Roney, Susan)
August 14, 2014 Filing 88 AMENDED MEMORANDUM OF LAW IN OPPOSITION to Defendant's Motion to Sever by Stephon D. Burkett, Terrance Kemp, Dennis G. McKay, Theodore R. Smith, Matthew Thompson. Amendment to 87 Order on Letter Request, #85 Response in Opposition to Motion,,, . (Attachments: #1 Certificate of Service)(Hoke, John) Modified on 8/14/2014 to correct title of document(lah).
August 13, 2014 Filing 87 TEXT ORDER granting plaintiffs' #86 Letter Requesting leave to file the attached [86-1] amended memorandum of law associated with Plaintiffs' response to the Defendants' motion to sever. Pursuant to the Oral Order of Judge David N. Hurd on 8/13/2014. (see)
August 12, 2014 Filing 86 AMENDED MEMORANDUM OF LAW in Opposition to #80 Motion to Sever and Letter Motion from Plaintiffs' attorneys for Stephon D. Burkett, Terrance Kemp, Dennis G. McKay, Theodore R. Smith, Matthew Thompson requesting leave to file an amended memorandum of law associated with Plaintiffs' response to the Defendants' motion to sever submitted to Judge Hurd . (Attachments: #1 Proposed Amended Memorandum of Law)(Hoke, John) Modified on 8/13/2014, added additional description of Amended Memo of Law. (see).
August 5, 2014 Filing 85 *Document #86-1 Amends/Corrects Only Main Document 85. The Remaining Submissions Attached to This Entry Are NOT Amended.** RESPONSE in Opposition re #80 MOTION to Sever filed by Stephon D. Burkett, Terrance Kemp, Dennis G. McKay, Theodore R. Smith, Matthew Thompson. (Attachments: #1 Declaration Declaration of John J. Hoke, Esq., #2 Exhibit(s) Ex. A to Hoke Declaration, #3 Exhibit(s) Ex. B to Hoke Declaration, #4 Exhibit(s) Ex. C to Hoke Declaration, #5 Exhibit(s) Ex. D to Hoke Declaration, #6 Exhibit(s) Ex. E to Hoke Declaration, #7 Exhibit(s) Ex. F to Hoke Declaration, #8 Exhibit(s) Ex. G to Hoke Declaration, #9 Appendix Lexis Cases, #10 Affirmation Certificate of Service)(Hoke, John) Modified on 8/13/2014 (see, ).
June 30, 2014 Filing 84 TEXT ORDER granting #83 Letter Request, #80 MOTION to Sever : Motion Hearing reset for 8/29/2014 on submit. Response to Motion due by 8/5/2014 Reply to Response to Motion due by 8/18/2014.per verbal order of Judge David N. Hurd on 6/30/2014. (cmr, )
June 27, 2014 Filing 83 Letter Motion from Plaintiffs' attorneys for Stephon D. Burkett, Terrance Kemp, Dennis G. McKay, Theodore R. Smith, Matthew Thompson requesting Adjournment of Motion Return Date [dkt. #80] submitted to Judge Hurd . (Hoke, John)
June 23, 2014 Opinion or Order Filing 82 ORDER granting #79 Motion for Limited Admission Pro Hac Vice of Dustin M. Dow, Esq. Signed by Magistrate Judge Randolph F. Treece on 6/20/2014. (mab)
June 23, 2014 Opinion or Order Filing 81 ORDER granting #78 Motion for Limited Admission Pro Hac Vice of John B. Lewis, Esq. Signed by Magistrate Judge Randolph F. Treece on 6/20/2014. (mab)
June 19, 2014 Filing 80 MOTION to Sever Motion Hearing set for 7/25/2014 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 7/8/2014 Reply to Response to Motion due by 7/14/2014. filed by CSX Transportation, Inc.. (Attachments: #1 Declaration of Susan C. Roney in Support of Motion to Sever, #2 Exhibit(s) 1 to Declaration in Support of Motion to Sever, #3 Memorandum of Law) Motions referred to Randolph F. Treece. (Roney, Susan)
June 18, 2014 Filing 79 MOTION for Limited Admission Pro Hac Vice of Dustin M. Dow Filing fee $100, receipt number 0206-2970263. filed by CSX Transportation, Inc.. (Attachments: #1 Affidavit of Sponsor, #2 Petition for Admission to Practice, #3 Attorney E-Filing Registration Form, #4 Oath of Admission, #5 Certificate of Good Standing, #6 Proposed Order, #7 Certificate of Service) Motions referred to Randolph F. Treece. (Roney, Susan)
June 18, 2014 Filing 78 MOTION for Limited Admission Pro Hac Vice of John B. Lewis, Esq. Filing fee $100, receipt number 0206-2970230. filed by CSX Transportation, Inc.. (Attachments: #1 Affidavit of Sponsor, #2 Petition for Admission to Practice, #3 Attorney E-Filing Registration Form, #4 Oath of Admission, #5 Certificate of Good Standing, #6 Proposed Order, #7 Certificate of Service) Motions referred to Randolph F. Treece. (Roney, Susan)
March 3, 2014 NOTICE of Hearing: Final pretrial conference, jury selection and Trial reset for 11/3/2014 09:30 AM in Utica per letter request dated 2/10/14 (docket #77) from Atty. Hoke and verbal order of Judge David N. Hurd. Pretrial papers due by 12:00 noon on 10/17/14. Please adjust your calendars accordingly.(cmr, )
February 10, 2014 Filing 77 Letter Motion from Plaintiffs' attorneys for Stephon D. Burkett, Terrance Kemp, Dennis G. McKay, Theodore R. Smith, Matthew Thompson requesting adjournment of the trial date submitted to Judge Hurd . (Hoke, John)
January 27, 2014 Opinion or Order Filing 76 MEMORANDUM-DECISION AND ORDER granting in part and denying in part Deft CSX Transportation, Inc.'s #44 , #45 , #46 , #47 , #48 Motions for Summary Judgment. Deft's #49 Motion to preclude testimony of Pltfs' expert, Jamie C. Modesitt is denied. Trial will commence with jury selection at 9:30 AM on 7/14/14 in Utica, New York. Pretrial submissions shall be filed by 6/27/14 at noon. Signed by Judge David N. Hurd on 1/27/14. (sfp, )
January 27, 2014 Set/Reset Trial Management Order Deadlines: Jury Trial set for 7/14/2014 at 09:30 AM in Utica before Judge David N. Hurd. Pretrial Submissions due by 6/27/2014 at noon. (sfp, )
September 6, 2013 Clerk's notice: sealed exhibits to docs. 61,62,64,65,66, and 67 were attached to respective documents w/access restricted to court and to counsel of record. (cbm )
September 5, 2013 Minute Entry for proceedings held before Judge David N. Hurd: Motion Hearing held on 9/5/2013 in Utica, NY. Ct. reserves decision of deft's motions 44, 45, 46, 47, 48 & 49. Written decision to be issued. Appearances: John Hoke for pltfs, Susan Rooney for deft. 10:10 a.m.-11:00 a.m. (Court Reporter Nancy Freddoso) (cmr, )
August 21, 2013 Sealed exhibits to docs. 61, 62, 64, 65, 66 and 67 were received in Utica clerk's office, for Judge Hurd, from Albany clerk's office. (cbm )
August 19, 2013 Filing 75 ***SEALED DOCUMENTS : exhibits 1 (Investigation Report) and 2 (Employee Histories) to deft's reply papers filed at 69-73. Access restricted to court and counsel of record only. (cbm ) (Additional attachment(s) added on 8/19/2013: #1 Exhibit 2 - Employee Histories) (cbm ). Modified on 8/19/2013 (cbm ).
August 19, 2013 CLERK'S CORRECTION OF DOCKET ENTRY re #75 Sealed Document: docket text edited to reflect that these exhibits relate to deft's reply papers, not pltfs. (cbm )
August 16, 2013 Filing 74 REPLY to Response to Motion re #49 MOTION to Preclude Plaintiffs' Expert re #45 MOTION for Summary Judgment as to Plaintiff Theodore R. Smith, #47 MOTION for Summary Judgment as to Stephon Burkett, #46 MOTION for Summary Judgment as to Plaintiff Denn filed by CSX Transportation, Inc.. (Attachments: #1 Certificate of Service)(Roney, Susan)
August 16, 2013 Filing 73 REPLY to Response to Motion re #48 MOTION for Summary Judgment as to Plaintiff Matthew Thompson filed by CSX Transportation, Inc.. (Attachments: #1 Exhibit(s) A: Excerpt of T. Kemp Depo Transcript, #2 Exhibit(s) B: Pltfs' Rule 26(a) Disclosure, #3 Exhibit(s) C; Pltfs' Response to Interrogatories, #4 Reply Affidavit of Matthew Charron, #5 Exhibit(s) 1: Investigation Report [Filed Under Seal], #6 Exhibit(s) 2: Employee Histories [Filed Under Seal], #7 Exhibit(s) 3: Leniency Reinstatements, #8 Exhibit(s) 4: Ethics Hotline Complaint and Investigation, #9 Response to Statement of Additional Material Facts, #10 Reply Memorandum of Law, #11 Certificate of Service)(Roney, Susan)
August 16, 2013 Filing 72 REPLY to Response to Motion re #47 MOTION for Summary Judgment as to Stephon Burkett filed by CSX Transportation, Inc.. (Attachments: #1 Exhibit(s) A: Excerpt of T. Kemp Depo Transcript, #2 Exhibit(s) B: Excerpt of J. Lewandowski Depo Transcript, #3 Exhibit(s) C: Pltfs' FRCP Rule 26(a) Disclosure, #4 Reply Affidavit of Matthew Charron, #5 Exhibit(s) 1: Investigation Report [Filed Under Seal], #6 Exhibit(s) 2: Employee Histories [Filed Under Seal], #7 Exhibit(s) 3: Leniency Reinstatements, #8 Exhibit(s) 4: Ethics Hotline Complaint and Investigation, #9 Response to Statement of Additional Material Facts, #10 Reply Memorandum of Law, #11 Certificate of Service)(Roney, Susan)
August 16, 2013 Filing 71 REPLY to Response to Motion re #46 MOTION for Summary Judgment as to Plaintiff Dennis McKay filed by CSX Transportation, Inc.. (Attachments: #1 Exhibit(s) A: Excerpts of J. Gaylord Depo Transcript, #2 Exhibit(s) B: Excerpts of W. Edwards Depo Transcript, #3 Exhibit(s) C: Excerpts of T. Kemp Depo Transcript, #4 Exhibit(s) D: Excerpts of S. Burkett Depo Transcript, #5 Exhibit(s) E: Pltfs' FRCP Rule 26(a) Disclosure, #6 Reply Affidavit of Matthew Charron, #7 Exhibit(s) 1: Investigation Report [Filed Under Seal], #8 Exhibit(s) 2: Employee Histories [Filed Under Seal], #9 Exhibit(s) 3: Leniency Reinstatements, #10 Exhibit(s) 4: Ethics Hotline Complaint and Investigation, #11 Response to Statement of Additional Material Facts, #12 Reply Memorandum of Law, #13 Certificate of Service)(Roney, Susan)
August 16, 2013 Filing 70 REPLY to Response to Motion re #45 MOTION for Summary Judgment as to Plaintiff Theodore R. Smith filed by CSX Transportation, Inc.. (Attachments: #1 Exhibit(s) A: IDPAP, #2 Exhibit(s) B: Excerpts of J. Gaylord Depo Transcript, #3 Exhibit(s) C: Excerpt of T. Kemp Depo Transcript, #4 Exhibit(s) D: Pltfs' FRCP Rule 26(a) Disclosure, #5 Exhibit(s) E: Excerpt of S. Burkett Depo Transcript, #6 Reply Affidavit of Matthew Charron, #7 Exhibit(s) 1: Investigation Report [Filed Under Seal], #8 Exhibit(s) 2: Employee Histories [Files Under Seal}, #9 Exhibit(s) 3: Leniency Reinstatements, #10 Exhibit(s) 4: Ethics Hotline Complaint and Investigation, #11 Response to Statement of Additional Material Facts, #12 Reply Memorandum of Law, #13 Certificate of Service)(Roney, Susan)
August 16, 2013 Filing 69 REPLY to Response to Motion re #44 MOTION for Summary Judgment as to Plaintiff Terrance J. Kemp filed by CSX Transportation, Inc.. (Attachments: #1 Exhibit(s) A: Excerpt of T. Smith Depo Transcript, #2 Exhibit(s) B: Excerpt of S. Burkett Depo Transcript, #3 Exhibit(s) C: Pltfs' FRCP Rule 26(a) Disclosure, #4 Reply Affidavit of Matthew Charron, #5 Exhibit(s) 1: Investigation Report [Filed Under Seal], #6 Exhibit(s) 2: Employee Histories [Filed Under Seal], #7 Exhibit(s) 3: Leniency Reinstatements, #8 Exhibit(s) 4: Ethics Hotline Complaint and Investigation, #9 Response to Statement of Additional Material Facts, #10 Reply Memorandum of Law, #11 Certificate of Service)(Roney, Susan)
August 15, 2013 Filing 68 Letter Motion from John J. Hoke, Esq. for Terrance Kemp requesting Supplement Kemp Response to Motion for Summary Judgment submitted to Judge Hurd . (Attachments: #1 Supplement Exhibit A to Kemp Declaration, #2 Supplement Exhibit B to Kemp Declarlation)(Hoke, John)
July 26, 2013 Filing 67 RESPONSE in Opposition re #49 MOTION to Preclude Plaintiffs' Expert re #45 MOTION for Summary Judgment as to Plaintiff Theodore R. Smith, #47 MOTION for Summary Judgment as to Stephon Burkett, #46 MOTION for Summary Judgment as to Plaintiff Denn filed by Terrance Kemp. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Declaration Jaime Modesitt, #5 Memorandum of Law, #6 Certificate of Service)(Hoke, John) (Additional attachment(s) added on 9/6/2013: #7 Sealed Exhibits B and C) (cbm, ).
July 26, 2013 Filing 66 RESPONSE in Opposition re #48 MOTION for Summary Judgment as to Plaintiff Matthew Thompson filed by Matthew Thompson. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N, #15 Exhibit(s) O, #16 Exhibit(s) P, #17 Exhibit(s) Q, #18 Exhibit(s) R, #19 Exhibit(s) S, #20 Exhibit(s) T, #21 Exhibit(s) U, #22 Exhibit(s) V, #23 Exhibit(s) W, #24 Exhibit(s) X, #25 Declaration Stephon Burkett, #26 Declaration Haneef Mavin, #27 Declaration Jaime Modesitt, #28 Declaration Timothy Muttari, #29 Declaration Terrance Kemp, #30 Declaration Dennis McKay, #31 Declaration Matthew Thompson, #32 Statement of Material Facts, #33 Memorandum of Law, #34 Certificate of Service)(Hoke, John) (Additional attachment(s) added on 9/6/2013: #35 sealed exhibits to Hoke declaration re Thompson) (cbm, ).
July 26, 2013 Filing 65 RESPONSE in Opposition re #45 MOTION for Summary Judgment as to Plaintiff Theodore R. Smith filed by Theodore R. Smith. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N, #15 Exhibit(s) O, #16 Exhibit(s) P, #17 Exhibit(s) Q, #18 Exhibit(s) R, #19 Exhibit(s) S, #20 Exhibit(s) T, #21 Exhibit(s) U, #22 Exhibit(s) V, #23 Exhibit(s) W, #24 Exhibit(s) X, #25 Declaration Stephon Burkett, #26 Declaration Bryant Hunt, #27 Declaration Haneef Mavin, #28 Declaration Jaime Modesitt, #29 Declaration Terrance Kemp, #30 Declaration Dennis McKay, #31 Declaration Theodore Smith, #32 Declaration Timothy Muttari, #33 Statement of Material Facts, #34 Memorandum of Law, #35 Certificate of Service)(Hoke, John) (Additional attachment(s) added on 9/6/2013: #36 sealed exhibits to Hoke declaration re Smith) (cbm, ).
July 26, 2013 Filing 64 RESPONSE in Opposition re #46 MOTION for Summary Judgment as to Plaintiff Dennis McKay filed by Dennis G. McKay. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N, #15 Exhibit(s) O, #16 Exhibit(s) P, #17 Exhibit(s) Q, #18 Exhibit(s) R, #19 Exhibit(s) S, #20 Exhibit(s) T, #21 Exhibit(s) U, #22 Exhibit(s) V, #23 Exhibit(s) W, #24 Exhibit(s) X, #25 Exhibit(s) Y, #26 Exhibit(s) Z, #27 Exhibit(s) AA, #28 Declaration Haneef Mavin, #29 Declaration Timothy Muttari, #30 Declaration Terrance Kemp, #31 Declaration Jaime Modesitt, #32 Declaration Dennis McKay, #33 Declaration Theodore Smith, #34 Statement of Material Facts, #35 Memorandum of Law, #36 Certificate of Service)(Hoke, John) (Additional attachment(s) added on 9/6/2013: #37 sealed exhibits to Hoke declaration re McKay) (cbm, ).
July 26, 2013 Filing 63 RESPONSE in Opposition re #44 MOTION for Summary Judgment as to Plaintiff Terrance J. Kemp (Supplemental Declarations) filed by Terrance Kemp. (Attachments: #1 Declaration Theodore Smith)(Hoke, John)
July 26, 2013 Filing 62 RESPONSE in Opposition re #47 MOTION for Summary Judgment as to Stephon Burkett filed by Stephon D. Burkett. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N, #15 Exhibit(s) O, #16 Exhibit(s) P, #17 Exhibit(s) Q, #18 Declaration Haneef Mavin, #19 Declaration Timothy Muttari, #20 Declaration Jaime Modesitt, #21 Declaration Stephon Burkett, #22 Statement of Material Facts, #23 Memorandum of Law, #24 Declaration Terrance Kemp, #25 Declaration Dennis McKay, #26 Declaration Theodore Smith, #27 Declaration Matthew Thompson, #28 Certificate of Service)(Hoke, John) (Additional attachment(s) added on 9/6/2013: #29 sealed exhibits to Hoke declaration re Burkett) (cbm, ).
July 26, 2013 Filing 61 RESPONSE in Opposition re #44 MOTION for Summary Judgment as to Plaintiff Terrance J. Kemp filed by Terrance Kemp. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N, #15 Exhibit(s) O, #16 Exhibit(s) P, #17 Exhibit(s) Q, #18 Exhibit(s) R, #19 Exhibit(s) S, #20 Exhibit(s) T, #21 Exhibit(s) U, #22 Exhibit(s) V, #23 Exhibit(s) W, #24 Exhibit(s) X, #25 Exhibit(s) Y, #26 Exhibit(s) Z, #27 Exhibit(s) AA, #28 Exhibit(s) BB, #29 Declaration Bryant Hunt, #30 Declaration Haneef Mavin, #31 Declaration Timothy Muttari, #32 Declaration Terrance Kemp, #33 Declaration Jaime Modesitt, #34 Statement of Material Facts, #35 Memorandum of Law, #36 Certificate of Service)(Hoke, John) (Additional attachment(s) added on 9/6/2013: #37 sealed exhibits to Hoke declaration re Kemp) (cbm, ).
July 26, 2013 Filing 60 NOTICE of Appearance by Meredith A. Moriarty on behalf of All Plaintiffs (Moriarty, Meredith)
July 2, 2013 Reset Deadlines as to #44 MOTION for Summary Judgment as to Plaintiff Terrance J. Kemp, #45 MOTION for Summary Judgment as to Plaintiff Theodore R. Smith, #46 MOTION for Summary Judgment as to Plaintiff Dennis McKay, #47 MOTION for Summary Judgment as to Stephon Burkett, #48 MOTION for Summary Judgment as to Plaintiff Matthew Thompson, #49 MOTION to Preclude Plaintiffs' Expert. Response to Motion due by 7/26/2013, Reply to Response to Motion due by 8/16/2013. Motion Hearing set for 9/5/2013 at 10:00 AM in Utica before Judge David N. Hurd. (cbm, )
June 5, 2013 Opinion or Order Filing 59 ORDER granting #58 Letter Request, #46 MOTION for Summary Judgment as to Plaintiff Dennis McKay, #45 MOTION for Summary Judgment as to Plaintiff Theodore R. Smith, #47 MOTION for Summary Judgment as to Stephon Burkett, #49 MOTION to Preclude Plaintiffs' Expert re #45 MOTION for Summary Judgment as to Plaintiff Theodore R. Smith, #47 MOTION for Summary Judgment as to Stephon Burkett, #46 MOTION for Summary Judgment as to Plaintiff Denn, #48 MOTION for Summary Judgment as to Plaintiff Matthew Thompson, #44 MOTION for Summary Judgment as to Plaintiff Terrance J. Kemp : Motion Hearing set for 9/5/2013 10:00 AM in Utica, NY. Response to Motion due by 7/26/2013 Reply to Response to Motion due by 8/16/2013.. per verbal order Judge David N. Hurd on 6/5/2013. (cmr, )
June 5, 2013 Filing 58 Letter Motion from Plaintiffs' attorneys for Terrance Kemp, Dennis G. McKay, Theodore R. Smith, Matthew Thompson requesting modification of the motion briefing schedule [dkt. 51] submitted to Judge David N. Hurd . (Hoke, John)
May 31, 2013 Filing 57 ***SEALED***EXHIBITS A and C to #49 motion to preclude plaintiffs' expert by CSX Transportation, filed under seal.(cbm ) (Additional attachment(s) added on 5/31/2013: #1 Exhibit C) (cbm, ).
May 31, 2013 Filing 56 ***SEALED***EXHIBITS W, X, AA, BB and Charron Exhibit 3 to #48 motion for summary judgment by CSX Transportation as to Matthew Thompson, filed under seal.(cbm ) (Additional attachment(s) added on 5/31/2013: #1 Exhibit X, #2 Exhibit AA, #3 Exhibit BB, #4 Charron Exhibit 3) (cbm, ).
May 31, 2013 Filing 55 ***SEALED***EXHIBITS V, BB, CC and Charron Exhibit 2 to #47 motion for summary judgment by CSX Transportation as to Stephon Burkett, filed under seal.(cbm ) (Additional attachment(s) added on 5/31/2013: #1 Exhibit BB, #2 Exhibit CC, #3 Charron Exhibit 2) (cbm, ).
May 31, 2013 Filing 54 ***SEALED***EXHIBITS EE, GG, HH, and Charron Exhibit 4 to #46 motion for summary judgment by CSX Transportation as to Dennis McKay, filed under seal.(cbm ) (Additional attachment(s) added on 5/31/2013: #1 Exhibit GG, #2 Exhibit HH, #3 Charron Exhibit 4) (cbm, ).
May 31, 2013 Filing 53 ***SEALED***EXHIBITS SS and TT to #45 motion for summary judgment by CSX Transportation as to Theodore Smith, filed under seal.(cbm ) (Additional attachment(s) added on 5/31/2013: #1 Exhibit TT) (cbm, ).
May 31, 2013 Filing 52 ***SEALED***EXHIBITS FF and GG to #44 summary judgment motion by CSX Transportation as to Terrance Kemp , filed under seal.(cbm ) (Additional attachment(s) added on 5/31/2013: #1 Exhibit GG) (cbm ).
May 31, 2013 Opinion or Order Filing 51 ORDER granting Motion Briefing Schedule, re #50 LETTER BRIEF filed by CSX Transportation, Inc.. Signed by Judge David N. Hurd on 5/31/2013. (wbl, )
May 30, 2013 Filing 50 LETTER BRIEF regarding Motion briefing schedule by CSX Transportation, Inc.. (Roney, Susan)
May 30, 2013 Filing 49 MOTION to Preclude Plaintiffs' Expert re #45 MOTION for Summary Judgment as to Plaintiff Theodore R. Smith, #47 MOTION for Summary Judgment as to Stephon Burkett, #46 MOTION for Summary Judgment as to Plaintiff Dennis McKay, #48 MOTION for Summary Judgment as to Plaintiff Matthew Thompson, #44 MOTION for Summary Judgment as to Plaintiff Terrance J. Kemp Motion Hearing set for 8/16/2013 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 7/30/2013 filed by CSX Transportation, Inc.. (Attachments: #1 Declaration of Susan C. Roney in Support of Motion to Preclude Plaintiffs' Expert, #2 Exhibit(s) A: J. Modesitt Report [Filed Under Seal], #3 Exhibit(s) B: J. Modesitt Non-Confidential Deposition Transcript, #4 Exhibit(s) C: J. Modesitt Confidential Deposition Transcript [Filed Under Seal], #5 Exhibit(s) D: CSXT IDPAP Policy, #6 Exhibit(s) E: CSXT Absenteeism Policy, #7 Exhibit(s) F: P. Murphy Deposition Transcript, #8 Memorandum of Law) Motions referred to Randolph F. Treece. (Roney, Susan)
May 30, 2013 Filing 48 MOTION for Summary Judgment as to Plaintiff Matthew Thompson Motion Hearing set for 8/16/2013 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 7/30/2013 Reply to Response to Motion due by 8/5/2013. filed by CSX Transportation, Inc.. (Attachments: #1 Declaration of Susan C. Roney, #2 Exhibit(s) A: P. Murphy Non-Confidential Deposition Transcript, #3 Exhibit(s) B: M. Charron Deposition Transcript, #4 Exhibit(s) C: W. Braman Deposition Transcript, #5 Exhibit(s) D: M. Novenche Deposition Transcript, #6 Exhibit(s) E: J. McGill Deposition Transcript, #7 Exhibit(s) F: CSXT EEO Policy effective 1/31/06, #8 Exhibit(s) G: CSXT EEO Policy effective 5/1/08, #9 Exhibit(s) H: CSXT Harassment Policy effective 1/31/06, #10 Exhibit(s) I: CSXT Harassment Policy effective 5/1/08, #11 Exhibit(s) J: CSXT IDPAP Policy, #12 Exhibit(s) K: 3/16/10 Charge letter to M. Thompson, #13 Exhibit(s) L: R. Swann-Jackson Report, #14 Exhibit(s) M: R. Swann_Jackson Deposition Transcript, #15 Exhibit(s) N: M. Thompson Employee History, #16 Exhibit(s) O: M. Thompson Deposition Transcript, #17 Exhibit(s) P: 4/1/10 Discipline letter to M. Thompson, #18 Exhibit(s) Q: Public Law Board Decision, #19 Exhibit(s) R: 3/17/10 Charge letter to M. Thompson, #20 Exhibit(s) S: 3/23/10 Investigation Hearing Transcripts, #21 Exhibit(s) T: 4/1/10 Discipline letter to M. Thompson, #22 Exhibit(s) U: J. Gaylord Deposition Transcript, #23 Exhibit(s) V: J. Lewandowski Deposition Transcript, #24 Exhibit(s) W: Non-Party Employee History [Filed Under Seal], #25 Exhibit(s) X: P. Murphy Confidential Deposition Transcript [Filed Under Seal], #26 Exhibit(s) Y: Pltfs' Response to Dfdt's 1st Set of Interrogatories, #27 Exhibit(s) Z: J. Modesitt Non-Confidential Deposition Transcript, #28 Exhibit(s) AA: J. Modesitt Confidential Deposition Transcript [Filed Under Seal], #29 Exhibit(s) BB: J. Modesitt Report [Filed Under Seal], #30 Affidavit of Matthew Charron, #31 Exhibit(s) 1: 3/23/10 Investigation Hearing Transcripts, #32 Exhibit(s) 2: 4/1/10 letter from J. Gaylord to M. Thompson, #33 Exhibit(s) 3: Non-Party Employee History [Filed Under Seal], #34 Statement of Material Facts, #35 Memorandum of Law) (Roney, Susan)
May 30, 2013 Filing 47 MOTION for Summary Judgment as to Stephon Burkett Motion Hearing set for 8/16/2013 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 7/30/2013 Reply to Response to Motion due by 8/5/2013. filed by CSX Transportation, Inc.. (Attachments: #1 Declaration of Susan C. Roney in Support of Motion for Summary Judgment, #2 Exhibit(s) A: P. Murphy Deposition Transcript, #3 Exhibit(s) B: M. Charron Deposition Transcript, #4 Exhibit(s) C: W. Braman Deposition Transcript, #5 Exhibit(s) D: M. Novenche Deposition Transcript, #6 Exhibit(s) E: J. McGill Deposition Transcript, #7 Exhibit(s) F: CSXT EEO Policy effective 1/31/06, #8 Exhibit(s) G: CSXT EEO Policy effective 5/1/08, #9 Exhibit(s) H: CSXT Harassment Policy effective 1/31/06, #10 Exhibit(s) I: CSXT Harassment Policy effective 5/1/08, #11 Exhibit(s) J: CSXT IDPAP Policy, #12 Exhibit(s) K: CSXT Absenteeism Policy, #13 Exhibit(s) L: S. Burkett Employee History, #14 Exhibit(s) M: 3/31/09 Discipline letter to S. Burkett, #15 Exhibit(s) N: S. Burkett Deposition Transcript, #16 Exhibit(s) O: J. Gaylord Deposition Transcript, #17 Exhibit(s) P: Excerpt of CBA btw Conrail & UTU, #18 Exhibit(s) Q: Email chain btw J. Gaylord & S. Burkett, #19 Exhibit(s) R: 6/26/09 letter to S. Burkett, #20 Exhibit(s) S: 7/14/09 Final Termination letter to S. Burkett, #21 Exhibit(s) T: 8/7/08 Charge letter to S. Burkett, #22 Exhibit(s) U: 8/7/08 Waiver letter of S. Burkett, #23 Exhibit(s) V: 8/7/08 Letters to Non-Party Employee [Filed Under Seal], #24 Exhibit(s) W: Excerpt of T. Kemp Deposition Transcript, #25 Exhibit(s) X: R. Swann-Jackson Report, #26 Exhibit(s) Y: R. Swann-Jackson Deposition Transcript, #27 Exhibit(s) Z: Pltfs' Response to Dfdt's 1st Set of Interrogatories, #28 Exhibit(s) AA: J. Modesitt Non-Confidential Deposition Transcript, #29 Exhibit(s) BB: J. Modesitt Confidential Deposition Transcript [Filed Under Seal], #30 Exhibit(s) CC: J. Modesitt Report [Filed Under Seal], #31 Affidavit of Matthew Charron, #32 Exhibit(s) 1: S. Burkett Employee History, #33 Exhibit(s) 2: 8/7/08 Letters to Non-Party Employee [Filed Under Seal], #34 Exhibit(s) 3: Excerpt of CBA btw Conrail & UTU, #35 Statement of Material Facts, #36 Memorandum of Law) (Roney, Susan)
May 30, 2013 Filing 46 MOTION for Summary Judgment as to Plaintiff Dennis McKay Motion Hearing set for 8/16/2013 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 7/30/2013 Reply to Response to Motion due by 8/5/2013. filed by CSX Transportation, Inc.. (Attachments: #1 Declaration of Susan C. Roney in Support of Motion for Summary Judgment, #2 Exhibit(s) A: P. Murphy Deposition Transcript, #3 Exhibit(s) B: M. Charron Deposition Transcript, #4 Exhibit(s) C: W. Braman Deposition Transcript, #5 Exhibit(s) D: M. Novenche Deposition Transcript, #6 Exhibit(s) E: J. McGill Deposition Transcript, #7 Exhibit(s) F: CSXT EEO Policy Statement effective 1/31/06, #8 Exhibit(s) G: CSXT EEO Policy Statement effective 5/1/08, #9 Exhibit(s) H: CSXT Harassment Policy effective 1/31/06, #10 Exhibit(s) I: CSXT Harassment Policy effective 5/1/08, #11 Exhibit(s) J: CSXT IDPAP Policy, #12 Exhibit(s) K: CSXT Absenteeism Policy, #13 Exhibit(s) L: 9/8/08 Charge letter to D. McKay, #14 Exhibit(s) M: A. Tingley Deposition Transcript, #15 Exhibit(s) N: R. Swann-Jackson Report, #16 Exhibit(s) O: R. Swann-Jackson Deposition Transcript, #17 Exhibit(s) P: D. McKay Deposition Transcript, #18 Exhibit(s) Q: 3/30/05 Charge letter to D. McKay, #19 Exhibit(s) R: 4/15/05 Discipline letter to D. McKay, #20 Exhibit(s) S: 4/25/05 Reinstatement letter from L. Clapp to R. McVeen, #21 Exhibit(s) T: Public Law Board Decision, #22 Exhibit(s) U: Pltfs' Response to Dfdt's 1st Set of Interrogatories, #23 Exhibit(s) V: Qualifying Tests for D. McKay, #24 Exhibit(s) W: D. McKay Employee History, #25 Exhibit(s) X: 8/4/08 Charge letter to D. McKay, #26 Exhibit(s) Y: 8/11/08 Waiver letter of D. McKay, #27 Exhibit(s) Z: 10/1/08 Waiver letter of D. McKay, #28 Exhibit(s) AA: 9/1/09 Charge letter to D. McKay, #29 Exhibit(s) BB: 4/22/10 Charge letter to D. McKay, #30 Exhibit(s) CC: 5/10/10 Investigation Hearing Transcript, #31 Exhibit(s) DD: 6/3/10 Discipline letter to D. McKay, #32 Exhibit(s) EE: CSXT Ethics Hotline Investigation Report [Filed Under Seal], #33 Exhibit(s) FF: J. Modesitt Non-Confidential Deposition Transcript, #34 Exhibit(s) GG: J. Modesitt Confidential Deposition Transcript [Filed Under Seal], #35 Exhibit(s) HH: J. Modesitt Report [Filed Under Seal], #36 Affidavit of Matthew Charron, #37 Exhibit(s) 1: Communications btw CSXT & D. McKay, #38 Exhibit(s) 2: Qualifying Tests for D. McKay, #39 Exhibit(s) 3: D. McKay Employee History, #40 Exhibit(s) 4: CSXT Ethics Hotline Investigation Report [Filed Under Seal], #41 Statement of Material Facts, #42 Memorandum of Law) (Roney, Susan)
May 30, 2013 Filing 45 MOTION for Summary Judgment as to Plaintiff Theodore R. Smith Motion Hearing set for 8/16/2013 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 7/30/2013 Reply to Response to Motion due by 8/5/2013. filed by CSX Transportation, Inc.. (Attachments: #1 Declaration of Susan C. Roney in Support of Motion for Summary Judgment, #2 Exhibit(s) A: P. Murphy Deposition Transcript, #3 Exhibit(s) B: M. Charron Deposition Transcript, #4 Exhibit(s) C: W. Braman Deposition Transcript, #5 Exhibit(s) D: M. Novenche Deposition Transcript, #6 Exhibit(s) E: J. McGill Deposition Transcript, #7 Exhibit(s) F: CSXT EEO Policy Statement effective 1/31/06, #8 Exhibit(s) G: CSXT EEO Policy Statement effective 5/1/08, #9 Exhibit(s) H: CSXT Harassment Policy effective 1/31/06, #10 Exhibit(s) I: CSXT Harassment Policy effective 5/1/08, #11 Exhibit(s) J: CSXT Absenteeism Policy, #12 Exhibit(s) K: A. Tingley Deposition Transcript, #13 Exhibit(s) L: 1/18/07 Letter from K. O'Toole to T. Smith, #14 Exhibit(s) M: R. Swann-Jackson Report, #15 Exhibit(s) N: R. Swann-Jackson Deposition Transcript, #16 Exhibit(s) O: T. Smith Deposition Transcript, #17 Exhibit(s) P: 9/9/08 Resignation letter, #18 Exhibit(s) Q: W. Edwards Deposition Transcript, #19 Exhibit(s) R: Qualifying Tests for T. Smith, #20 Exhibit(s) S: Qualifying Tests for T. Kemp, #21 Exhibit(s) T: 1/18/07 letter from FMLA Admin to T. Smith, #22 Exhibit(s) U: 1/4/07 Certification of Physician Form for FMLA, #23 Exhibit(s) V: 5/3/07 letter from FMLA Admin to T. Smith, #24 Exhibit(s) W: 6/15/07 Certification of Physician Form for FMLA, #25 Exhibit(s) X: 6/25/07 letter from FMLA Admin to T. Smith, #26 Exhibit(s) Y: 7/3/07 letter from FMLA Admin to T. Smith, #27 Exhibit(s) Z: 7/13/07 letter from J. Dove/FMLA Admin to T. Smith, #28 Exhibit(s) AA: 7/13/07 email chain btw FMLA Admin & T. Smith, #29 Exhibit(s) BB: 12/20/07 letter from FMLA Admin to T. Smith, #30 Exhibit(s) CC: 4/23/08 letter from FMLA Admin to T. Smith, #31 Exhibit(s) DD: 8/6/08 letter from FMLA Admin to T. Smith, #32 Exhibit(s) EE: Smith Employee History, #33 Exhibit(s) FF: 1/25/07 letter from W. Braman to T. Smith, #34 Exhibit(s) GG: 9/4/07 letter from J. Lewandowski to T. Smith, #35 Exhibit(s) HH: 9/24/07 letter from W. Braman to T. Smith, #36 Exhibit(s) II: 3/31/08 letter from J. Lewandowski to T. Smith, #37 Exhibit(s) JJ: 4/8/08 letter from W. Braman to T. Smith, #38 Exhibit(s) KK: 7/18/08 letter from J. Lewandowski to T. Smith, #39 Exhibit(s) LL: 8/19/08 letter from J. Lewandowski to T. Smith, #40 Exhibit(s) MM: 8/28/08 letter from J. Lewandowski to T. Smith, #41 Exhibit(s) NN: 8/27/08 letter from J. Lewandowski to T. Smith, #42 Exhibit(s) OO: 8/28/08 letter from J. Lewandowski to T. Smith, #43 Exhibit(s) PP: Excerpt Deposition Transcript of T. Kemp, #44 Exhibit(s) QQ: Pltfs' Response to Dfdt's 1st Set of Interrogatories, #45 Exhibit(s) RR: J. Modesitt Non-Confidential Deposition Transcript, #46 Exhibit(s) SS: J. Modesitt Confidential Deposition Transcript [Filed Under Seal], #47 Exhibit(s) TT: J. Modesitt Report [Filed Under Seal], #48 Affidavit of Matthew Charron, #49 Exhibit(s) 1: Communications btw CSXT & T. Smith, #50 Exhibit(s) 2: Smith Employee History, #51 Exhibit(s) 3: Qualifying Tests for T. Smith, #52 Exhibit(s) 4: Qualifying Tests for T. Kemp, #53 Statement of Material Facts, #54 Memorandum of Law) (Roney, Susan) (Additional attachment(s) added on 5/31/2013: # 55 Exhibit SS, # 56 Exhibit TT) (cbm, ).
May 30, 2013 Filing 44 MOTION for Summary Judgment as to Plaintiff Terrance J. Kemp Motion Hearing set for 8/16/2013 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 7/30/2013 Reply to Response to Motion due by 8/5/2013. filed by CSX Transportation, Inc.. (Attachments: #1 Declaration of Susan C. Roney in Support of Motion for Summary Judgment, #2 Exhibit(s) A: T. Kemp Deposition Transcript, #3 Exhibit(s) B: P. Murphy Deposition Transcript, #4 Exhibit(s) C: M. Charron Deposition Transcript, #5 Exhibit(s) D: W. Braman Deposition Transcript, #6 Exhibit(s) E: M. Novenche Deposition Transcript, #7 Exhibit(s) F: J. McGill Deposition Transcript, #8 Exhibit(s) G: CSXT EEO Policy Statement effective 1/31/06, #9 Exhibit(s) H: CSXT EEO Policy Statement effective 5/1/08, #10 Exhibit(s) I: CSXT Harassment Policy Statement effective 1/31/06, #11 Exhibit(s) J: CSXT Harassment Policy Statement effective 5/1/08, #12 Exhibit(s) K: CSXT IDPAP effective 2/1/05 & 7/7/08, #13 Exhibit(s) L: CSXT Absenteeism Policy, #14 Exhibit(s) M: 5/13/08 Charge letter to T. Kemp, #15 Exhibit(s) N: A. Tingley Deposition Transcript, #16 Exhibit(s) O: R. Swann-Jackson Report, #17 Exhibit(s) P: R. Swann-Jackson Deposition Transcript, #18 Exhibit(s) Q: J. Gaylord Deposition Transcript, #19 Exhibit(s) R: J. Lewandowski Deposition Transcript, #20 Exhibit(s) S: Operational View Tests, #21 Exhibit(s) T: Employee History for T. Kemp, #22 Exhibit(s) U: Pltfs' Response to Dfdt's 1st Set of Interrogatories, #23 Exhibit(s) V: W. Edwards Deposition Transcript, #24 Exhibit(s) W: Qualifying Tests for T. Kemp, #25 Exhibit(s) X: Qualifying Tests for T. Smith, #26 Exhibit(s) Y: 6/10//08 Investigation Hearing Transcript, #27 Exhibit(s) Z: 10/25/06 Waiver letter signed by T. Kemp, #28 Exhibit(s) AA: 6/29/07 Charge letter to T. Kemp, #29 Exhibit(s) BB: 8/22/07 Discipline letter to T. Kemp, #30 Exhibit(s) CC: 6/23/08 Discipline letter to T. Kemp, #31 Exhibit(s) DD: Public Law Board Decision, #32 Exhibit(s) EE: J. Modesitt Non-Confidential Deposition Transcript, #33 Exhibit(s) FF: J. Modesitt Confidential Deposition Transcript [Filed Under Seal], #34 Exhibit(s) GG: J. Modesitt Report [Filed Under Seal], #35 Affidavit of Matthew Charron, #36 Exhibit(s) 1: Qualifying Tests for T. Kemp, #37 Exhibit(s) 2: Qualifying Tests for T. Smith, #38 Statement of Material Facts, #39 Memorandum of Law) (Roney, Susan)
May 22, 2013 Opinion or Order Filing 43 STIPULATION AND ORDER OF FILING UNDER SEAL granting that any protected Document shall be filed in a separate appendix and separately under seal in accordance with Section 12.2 of the Northern District of New York's General Order #22 as set forth in paragraph 12 of the parties' Stipulation and Order of Confidentiality (Docket No. 30). Signed by Judge David N. Hurd on 5/22/2013. (wbl, ) Modified on 5/22/2013 (wbl, ).
May 21, 2013 Filing 42 STIPULATION of Filing Under Seal by Stephon D. Burkett, CSX Transportation, Inc., Terrance Kemp, Dennis G. McKay, Theodore R. Smith, Matthew Thompson submitted to Judge David N. Hurd. (Roney, Susan)
April 26, 2013 Filing 41 REPORT of Mediation - case did not settle.(wbl, )
March 27, 2013 Opinion or Order Filing 40 ORDER denying #39 , the parties' Letter Request, seeking to adjourn mediation once again. The Court had previously amended the Scheduling Order to extend of the relevant deadlines. SO ORDERED. Signed by Magistrate Judge Randolph F. Treece on 3/27/2013. (Treece, Randolph)
March 27, 2013 Filing 39 Letter Motion from Susan C. Roney for CSX Transportation, Inc. requesting mediation deadline be held in abeyance pending summary judgment motion outcome submitted to Judge Randolph F. Treece . (Roney, Susan)
January 25, 2013 Opinion or Order Filing 38 ORDER denying #37 , Kemp's Letter Request, seeking yet another month for discovery, nowithstanding CSX's consent to the Request. On Novermber 26, 2012, an Amended Scheduling Order was issued, wherein the Court directed that Plaintiff's Expert Reports be served by January 31, 2013, Defendant's expert disclosure date was set as well, and that no further extensions would be granted. Dkt. No. 36 . The Court does not doubt that CSX may have been dilatory in producing discovery, and there may be some email disclosures still pending. But any prejudice to Kemp can be ameliorated principally by Fed. R. Civ. P. 26(e)(2) which states, in essence, a party has a duty to supplement its expert report if there are any changes or additions by the time discovery ends. New discovery information would be sufficient to cause supplementation. Accordingly, if new information is provided within a month's time, Plaintiff may supplement his report. The supplementation will not alter Defendant's time to serve its expert report nor the discovery deadline, and if the supplementation were to be served even later, but prior to the discovery deadline, the Defendant will have to bear the consequence of its own delay in providing discovery timely. In the alternative, the parties may agree, if they wish and between themselves, to modify the dates when expert reports may be exchanged, with the understanding the discovery deadline and the final day to file dispositive motions remain in effect. SO ORDERED. Signed by Magistrate Judge Randolph F. Treece on 1/25/2013. (Treece, Randolph)
January 24, 2013 Filing 37 Letter Motion from Plaintiffs' attorneys for Terrance Kemp requesting extension to complete expert disclosure submitted to Judge Treece . (Hoke, John)
November 21, 2012 Opinion or Order Filing 36 AMENDED SCHEDULING ORDER: The Scheduling Order is amended as follows: (1) Discovery Deadline is 4/30/2013; (2) Final Day to file Dispositive Motions is 5/30/2013; (3) Deadline for completion of mediation is 4/30/2013; (4) all other provisions of the Scheduling Order shall remain in effect; and (5) No further extensions. In terms of expert disclosures, (a) Plaintiff's expert reports shall be served on or before 1/31/2013, (b) Defendant's expert reports shall be served on or before 3/16/2013, (c) rebuttal expert reports are due by 4/2/2013, and, after all expert reports have been exchanged, the parties may depose the experts with the understanding that all depositions must be concluded by 4/30/2012. SO ORDERED. Signed by Magistrate Judge Randolph F. Treece on 11/21/2012. (Treece, Randolph)
November 21, 2012 Text Minute Entry for proceedings held before Magistrate Judge Randolph F. Treece: Telephone Conference held on 11/21/2012. Appearances: John J. Hoke, Esq. and Susan C. Roney, Esq. The parties discuss outstanding discovery issues. An Amended Scheduling Order is set. No further extensions. (Court Reporter: Lisa Tennyson) (mab)
November 19, 2012 TEXT NOTICE: A Telephone Conference is set for 11/21/2012 at 3:00 PM before Magistrate Judge Randolph F. Treece. The parties are directed to DIAL IN at 877-336-1839 and use Access Code 6651723 and Security Code 11706 to be connected to the conference call. You may be prompted to announce your name. (mab)
November 16, 2012 Filing 35 LETTER BRIEF in Response to Plaintiffs' Letter Request of November 14, 2012 and the Court's Order of November 15, 2012 by CSX Transportation, Inc.. (Roney, Susan)
November 16, 2012 Filing 34 Letter Motion from Plaintiffs' attorneys for Terrance Kemp requesting dates for conference submitted to Judge Treece . (Hoke, John)
November 15, 2012 Opinion or Order Filing 33 ORDER granting #32 , Plaintiff's Letter Request, seeking a telephone conference in order to address outstanding discovery issues. The Defendant shall file a response to the Letter Request no later than November 19, 2012. The parties shall file the dates and times that they may be available for a telephone conference during the week ending November 23, 2012. The Court expects the parties' immediate attention to this Text Order. SO ORDERED. Signed by Magistrate Judge Randolph F. Treece on 11/15/2012. (Treece, Randolph)
November 14, 2012 Filing 32 Letter Motion from Plaintiffs' attorneys for Terrance Kemp requesting conference submitted to Judge Treece . (Hoke, John)
September 27, 2012 Filing 31 STATUS REPORT by CSX Transportation, Inc.. (Roney, Susan)
September 21, 2012 SET DEADLINE: Defendant shall file a status report on outstanding discovery issues: Status Report due by 9/27/2012. (sg )
September 20, 2012 Opinion or Order Filing 30 STIPULATION and ORDER OF CONFIDENTIALITY. Signed by Magistrate Judge Randolph F. Treece on 9/20/2012. (mab)
September 20, 2012 Opinion or Order Filing 29 DISCOVERY ORDER - during the 9/20/2012 Discovery Hearing, several rulings were rendered which are incorporated by reference into this Discovery Order. The defendant shall file a status report on outstanding discovery issues within seven days of the filing date of this Discovery Order.Signed by Magistrate Judge Randolph F. Treece on 9/20/2012. (sg )
September 20, 2012 Text Minute Entry for proceedings held before Magistrate Judge Randolph F. Treece: Telephone Discovery Hearing held on 9/20/2012. Appearances: John J. Hoke, Esq., Susan C. Roney, Esq. and Lynnette Nogueras-Trummer, Esq. The parties raised discovery issues in which the Court rendered several rulings. An Order setting forth these rulings will be filed. Defendant is to file a Status Report on outstanding discovery issued by 9/27/2012. (Court Reporter: Theresa Casal) (mab)
September 18, 2012 TEXT NOTICE: Telephone Discovery Conference set for 9/20/2012 at 3:00 PM before Magistrate Judge Randolph F. Treece. The parties are directed to DIAL IN at 877-336-1839 and use Access Code 6651723 and Security Code 11706 to be connected to the conference. You may be prompted to announce your name. (mab)
September 12, 2012 Filing 28 Letter Motion from Susan C. Roney for CSX Transportation, Inc. requesting Conference to discuss discovery issues submitted to Judge Hon. Randolph F. Treece . (Roney, Susan)
September 10, 2012 Filing 27 STATUS REPORT by Terrance Kemp. (Hoke, John)
September 10, 2012 Opinion or Order Filing 26 ORDER granting #24 , Plaintiff's Letter Request, seeking a discovery conference. Defendants shall respond to Plaintiff's Letter Request by September 12, 2012. The parties shall provide the dates and times that they may be available for a telephone conference during the week ending September 21, 2012. The Court anticipates the parties' immediate attention to this Text Order. SO ORDERED. Signed by Magistrate Judge Randolph F. Treece on 9/10/2012. (Treece, Randolph)
September 7, 2012 Opinion or Order Filing 25 STIPULATION and Order of Confidentiality by Stephon D. Burkett, CSX Transportation, Inc., Terrance Kemp, Dennis G. McKay, Theodore R. Smith, Matthew Thompson submitted to Judge Randolph Treece. (Roney, Susan)
September 7, 2012 Filing 24 Letter Motion from Plaintiffs' attorneys for Terrance Kemp requesting conference submitted to Judge Treece . (Hoke, John)
March 30, 2012 Filing 23 STATUS REPORT by Terrance Kemp. (Hoke, John)
March 1, 2012 Filing 22 NOTICE of Appearance by Lynnette Nogueras-Trummer on behalf of All Defendants (Nogueras-Trummer, Lynnette)
January 30, 2012 Filing 21 ANSWER to #20 Amended Complaint by CSX Transportation, Inc..(Roney, Susan)
December 14, 2011 Filing 20 AMENDED COMPLAINT with Jury Demand against CSX Transportation, Inc. filed by all plaintiffs.(Hoke, John)
December 13, 2011 Opinion or Order Filing 19 ORDER GRANTING THE AMENDMENT OF THE COMPLAINT: The Court has reviewed the terms of the Stipulation permitting the Plaintiff to join other plaintiffs and amend the Complaint. Dkt. No. #18 . Although the Court accepts the terms as stated, the Court urges the Plaintiff to file the Amended Complaint sooner than January 17, 2012, and that the Defendant attempt to respond to the Amended Complaint in a period shorter than forty-five days. The Court does not want these filings to derail the commencement of discovery nor impact the discovery deadline. SO ORDERED. Signed by Magistrate Judge Randolph F. Treece on 12/13/2011. (Treece, Randolph)
December 13, 2011 Filing 18 STIPULATION Consenting to Filing of Amended Complaint Pursuant to Federal Rule of Civil Procedure 15 by CSX Transportation, Inc., Terrance J. Kemp submitted to Judge Treece. (Attachments: #1 Exhibit(s) A)(Roney, Susan)
November 17, 2011 Opinion or Order Filing 17 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial is approximately 10-14 days. Preferred Trial Location is Albany. Joinder of Parties due by 1/17/2012. Amended Pleadings due by 1/17/2012. Discovery due by 12/31/2012. Motions to be filed by 2/17/2013. This action has been designated for participation in the District's ADR program. Within 10 days of the issuance of this Order, the parties are directed to confer and select a neutral of their choice from a list of Court approved neutrals. Deadline for completion of mediation is 12/31/2012. Status Reports due by 3/30/2012 and 9/7/2012. Signed by Magistrate Judge Randolph F. Treece on 11/17/2011. (dpk)
November 16, 2011 Filing 16 Minute Entry for proceedings held before Magistrate Judge Randolph F. Treece: Rule 16 Initial Pretrial Conference held by telephone on 11/16/2011; ADR Mediation Program selected; The parties are directed to electronically file a stipulation selecting a neutral of their choice within ten days of the date of issuance of the Uniform Pretrial Scheduling Order. Deadlines set; UPSOrder to be ECF filed/issued. (rzh, )
November 2, 2011 Filing 15 CIVIL CASE MANAGEMENT PLAN by CSX Transportation, Inc.. (Roney, Susan)
November 1, 2011 Filing 14 CERTIFICATE OF SERVICE by Terrance J. Kemp re #13 Notice of Appearance (Hoke, John)
November 1, 2011 Filing 13 NOTICE of Appearance by John J. Hoke on behalf of Terrance J. Kemp (Hoke, John)
October 27, 2011 Filing 12 NOTICE of RULE 16 CONFERENCE: Conference set for 11/16/2011 09:00 AM in Albany before Magistrate Judge Randolph F. Treece. Plaintiff Terrance J. Kemp is to appear in person. Defense counsel is to appear by telephone, Chambers will initiate the phone call. The civil case management plan shall be filed by November 2, 2011.{Notice served on Plaintiff Kemp via regular mail} (mgh)
October 5, 2011 Filing 11 PROCESS RECEIPT AND RETURN: Filed by the U.S. Marshals regarding the unexecuted service attempt of the summons and complaint upon CSX Transportation. (Attachment: #1 Letter to Terrance J. Kemp from David McNulty, U.S. Marshal) (mae)
October 5, 2011 Filing 10 BILL OF COSTS: Filed by the U.S. Marshals in the amount of $8.00. (mae)
August 30, 2011 Filing 9 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by CSX Transportation, Inc. identifying Corporate Parent CSX Corporation for CSX Transportation, Inc... (Roney, Susan)
August 30, 2011 Filing 8 ANSWER to #1 Complaint by CSX Transportation, Inc..(Roney, Susan)
August 10, 2011 Filing 7 ACKNOWLEDGMENT OF SERVICE Executed by Sarah Hall as to CSX Transportation, Inc. served on 8/9/2011, answer due 8/30/2011. Acknowledgment filed by the United States Marshal Service on behalf of Plaintiff Terrance J. Kemp. (jmb)
July 5, 2011 Filing 6 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/16/2011 09:00 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan due by 11/2/2011. (mgh)
July 5, 2011 Filing 5 Summons Issued as to CSX Transportation, Inc. (mgh)
July 5, 2011 Opinion or Order Order granting IFP (Dkt No. #4 ) and G.O. 25 (Dkt No. #6 ) served on plaintiff Kemp via regular mail. (mgh)
July 1, 2011 Opinion or Order Filing 4 ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The Clerk shall issue a Summons and forward it, along with a copy of the Complaint and a packet containing General Order 25, which sets forth the Civil Case Management Plan used by the Northern District of New York, to the United States Marshal for service upon the Defendant. Signed by Magistrate Judge Randolph F. Treece on 7/1/2011. (mgh)
June 23, 2011 Filing 3 PRO SE HANDBOOK and NOTICE issued and explained at time complaint was filed. (mab)
June 23, 2011 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Terrance J. Kemp. (Attachments: #1 Proposed Summons as to CSX Transportation, Inc.). Motion referred to Randolph F. Treece. (mab)
June 23, 2011 Filing 1 COMPLAINT against CSX Transportation, Inc. filed by Terrance J. Kemp. (Attachments: #1 Civil Cover Sheet). (mab)

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Search for this case: Kemp v. CSX Transportation, Inc.
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Plaintiff: Terrance Kemp
Represented By: Meredith A. Moriarty
Represented By: John J. Hoke
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Plaintiff: Matthew Thompson
Represented By: Meredith A. Moriarty
Represented By: John J. Hoke
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Plaintiff: Stephon D. Burkett
Represented By: Meredith A. Moriarty
Represented By: John J. Hoke
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Plaintiff: Terrance J. Kemp
Represented By: Meredith A. Moriarty
Represented By: John J. Hoke
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Plaintiff: Dennis G. McKay
Represented By: Meredith A. Moriarty
Represented By: John J. Hoke
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Plaintiff: Theodore R. Smith
Represented By: Meredith A. Moriarty
Represented By: John J. Hoke
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Defendant: CSX Transportation, Inc.
Represented By: John B. Lewis
Represented By: Dustin M. Dow
Represented By: Susan C. Roney
Represented By: Lynnette Nogueras-Trummer
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