T&N River Club, LLC et al v. Norfolk Southern Corporation et al
Plaintiff: T&N River Club, LLC and Afton River Club, LLC
Defendant: East Coast Right of Way Maintenance, Inc. and Norfolk Southern Corporation
Case Number: 3:2020cv00911
Filed: August 12, 2020
Court: US District Court for the Northern District of New York
Presiding Judge: Miroslav Lovric
Referring Judge: Gary L Sharpe
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2020 Filing 18 CERTIFICATE OF SERVICE by East Coast Right of Way Maintenance, Inc., Norfolk Southern Corporation re #17 Notice (Other), Amended Notice of Removal (Boisvert, Ashley)
October 8, 2020 Filing 17 NOTICE by East Coast Right of Way Maintenance, Inc., Norfolk Southern Corporation re #1 Notice of Removal, 14 Order,,, Amended Pursuant to Text Order at Document 14 (Attachments: #1 Exhibit(s) 1 - Amended Summons & Complaint, #2 Exhibit(s) 2 - P's Affidavit of Service of Amended Summons & Complaint)(Boisvert, Ashley)
September 25, 2020 Opinion or Order Filing 14 TEXT ONLY ORDER - Defendants Norfolk Southern Corp. and East Coast Right of Way Maintenance, Inc. filed a notice of removal on August 12, 2020 on the basis of diversity jurisdiction. (Dkt. No. 1.) Neither the complaint, (Compl., Dkt. No. 2), nor the notice of removal, (Dkt. No. 1), adequately allege diversity jurisdiction because neither identifies the citizenship of each of the members of T&N River Club, LLC and Afton River Club, LLC. See 250 Lake Avenue Associates, LLC v. Erie Ins. Co., 281 F. Supp. 3d 335, 341 (W.D.N.Y. 2017); Traffas v. Biomet, Inc., 19-2115, 2020 WL 1467313 (D. Kansas Mar. 26, 2020). Defendants shall file an amended notice of removal within fourteen (14) days establishing complete diversity. Failure to comply will result in remand of the case without further order of the court. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 9/25/2020. (jel, )
September 23, 2020 Opinion or Order Filing 16 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 10/21/2020. Deadline for completion of Mandatory Mediation is 1/18/2021.. Signed by Magistrate Judge Miroslav Lovric on 9/23/2020. (jdp )
September 23, 2020 Opinion or Order Filing 15 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3-4. Preferred Trial Location: Binghamton. Joinder of Parties due by 12/1/2020. Amended Pleadings due by 12/1/2020. Discovery due by 7/1/2021. Motions to be filed by 9/1/2021. Deadline for completion of Mandatory Mediation is 1/18/2021. Status Report due by 12/1/2020.. Signed by Magistrate Judge Miroslav Lovric on 9/23/2020. (jdp )
September 23, 2020 Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: initial conference held on 9/23/2020. The Court discussed the inadequate allegation of diversity jurisdiction because the amended complaint and notice of removal do not identify the citizenship of each of the members of T&N River Club, LLC and Afton River Club, LLC. Pretrial deadlines were discussed and set. The parties shall file status reports on or before 12/1/2020, regarding the progress of discovery. A telephone conference is scheduled for 12/8/2020 at 10:00 a.m. The parties are to call 877-336-1839 and enter access 5177238. Appearances: R. Lewis, Esq., for Plaintiffs; and M. Ryan, Esq., for Defendants. (jdp )
September 9, 2020 Filing 13 CIVIL CASE MANAGEMENT PLAN by Afton River Club, LLC, T&N River Club, LLC. (Lewis, Richard)
September 3, 2020 Filing 12 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Afton River Club, LLC, T&N River Club, LLC. (Millus, Albert)
September 3, 2020 Filing 11 NOTICE of Appearance by Albert J. Millus, Jr on behalf of Afton River Club, LLC, T&N River Club, LLC (Millus, Albert)
August 19, 2020 Filing 10 CERTIFICATE OF SERVICE by East Coast Right of Way Maintenance, Inc., Norfolk Southern Corporation re #9 Answer to Complaint (Ryan, Molly)
August 19, 2020 Filing 9 ANSWER to Complaint by East Coast Right of Way Maintenance, Inc., Norfolk Southern Corporation.(Ryan, Molly)
August 13, 2020 Filing 8 CERTIFICATE OF SERVICE by East Coast Right of Way Maintenance, Inc., Norfolk Southern Corporation re #7 FRCP 7.1 Corporate Disclosure Statement (Ryan, Molly)
August 13, 2020 Filing 7 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by East Coast Right of Way Maintenance, Inc., Norfolk Southern Corporation. (Ryan, Molly)
August 13, 2020 Filing 6 CERTIFICATE OF SERVICE by East Coast Right of Way Maintenance, Inc., Norfolk Southern Corporation re #5 FRCP 7.1 Corporate Disclosure Statement (Ryan, Molly)
August 13, 2020 Filing 5 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by East Coast Right of Way Maintenance, Inc., Norfolk Southern Corporation. (Ryan, Molly)
August 13, 2020 Filing 4 CERTIFICATE OF SERVICE by East Coast Right of Way Maintenance, Inc., Norfolk Southern Corporation re #2 State Court Complaint, #1 Notice of Removal, #3 G.O. 25 Filing Order, (Ryan, Molly)
August 13, 2020 ***Answer due date set for East Coast Right of Way Maintenance, Inc. answer due 8/19/2020; Norfolk Southern Corporation answer due 8/19/2020. (kmp)
August 12, 2020 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Telephone Rule 16 Conference set for 9/23/2020 at 11:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/16/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (kmp)
August 12, 2020 Filing 2 STATE COURT AMENDED COMPLAINT with Jury Demand relating to the #1 Notice of Removal, filed by Norfolk Southern Corporation and East Coast Right of Way Maintenance, Inc. (kmp)
August 12, 2020 Filing 1 NOTICE OF REMOVAL from Chenango County Supreme Court, case number 20-00005212 (Filing fee $400 receipt number ANYNDC-5202313) filed by Norfolk Southern Corporation and East Coast Right of Way Maintenance, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(kmp)

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Defendant: East Coast Right of Way Maintenance, Inc.
Represented By: Molly M. Ryan
Represented By: Ashley K Boisvert
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Defendant: Norfolk Southern Corporation
Represented By: Molly M. Ryan
Represented By: Ashley K Boisvert
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Plaintiff: T&N River Club, LLC
Represented By: Richard C. Lewis
Represented By: Albert J. Millus, Jr.
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Plaintiff: Afton River Club, LLC
Represented By: Richard C. Lewis
Represented By: Albert J. Millus, Jr.
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