Williams v. National Railroad Passenger Corp.
| Damon Williams |
| National Railroad Passenger Corp. |
| 1:2022cv01647 |
| February 28, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Federal Employer's Liability |
| 45 U.S.C. ยง 51 Railways: Fed. Employer's Liability Act |
| Plaintiff |
Docket Report
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Filing 12
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: 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). No additional parties may be joined after June 3, 2022 without leave of Court. Amended pleadings may be filed without leave of Court until June 3, 2022. All fact discovery shall be completed no later than September 1, 2022. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by September 1, 2022. If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than October 16, 2022. If you have identified types of experts in question 9(a), by October 1, 2022 [no later than one month before the date in paragraph 8(a), i.e., the completion of all fact discovery] the parties shall meet and confer on a schedule for expert disclosures, including reports, production of underlying documents and depositions, provided that (i) expert report(s) of the party with the burden of proof shall be due before those of the opposing party's expert(s); and (ii) all expert discovery shall be completed by the date set forth in paragraph 9(b). 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 3-5 days. By July 5, 2022, [60 days after the commencement off act discovery], the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2. By September 15, 2022 [14 days after the close of fact discovery], the parties shallsubmit a joint status letter, as outlined in Individual Rule IV.A.2 and, in the eventthat they have not already been referred for settlement discussions, shall alsoadvise the Court whether or not they request a referral for settlement discussions as provided in Paragraph 4(c) above. On November 2, 2022 at 4:00 P.M. [usually 14 days after the close of alldiscovery], a pre-motion conference will be held for any anticipated dispositivemotions, provided: i. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-47.49 and usu A.,L.GSS Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. ii. If no pre-motion letter is timely filed, this conference will be canceled and the matter placed on the Court's trial-ready calendar. The parties will be notified of the assigned trial-ready date and the filing deadlines for pretrial submissions. The parties are warned that any settlement discussions will not stay pretrial deadlines or the trial date. 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 Court's calendar. SO ORDERED. Amended Pleadings due by 6/3/2022. Joinder of Parties due by 6/3/2022. Depositions due by 9/1/2022. Fact Discovery due by 9/1/2022. Expert Discovery due by 10/16/2022. Telephone Conference set for 11/2/2022 at 4:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/28/2022) (vfr)
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Filing 11
ORDER: It is hereby ORDERED that the May 4, 2022, initial pretrial conference is canceled. 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 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 Court's 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 4/28/2022) (jca)
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| Filing 10 JOINT LETTER addressed to Judge Lorna G. Schofield from All Parties dated April 27, 2022 re: In Anticipation of the Initial Conference. Document filed by National Railroad Passenger Corp.. (Attachments: #1 Proposed Case Management Plan).(Hines, Patricia) |
| Filing 9 ANSWER to #1 Complaint. Document filed by National Railroad Passenger Corp...(Hines, Patricia) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate American Financial Group, Inc., Other Affiliate Passenger Railroad Insurance Limited, Other Affiliate Washington Terminal Company, Other Affiliate Canadian Pacific Railway, Other Affiliate Burlington Northern and Santa Fe LLC, Other Affiliate American Premier Underwriters, Inc., Other Affiliate NERI PCC, Inc., Other Affiliate Canadian National Railway, Other Affiliate Berkshire Hathaway for National Railroad Passenger Corp.. Document filed by National Railroad Passenger Corp...(Hines, Patricia) |
| Filing 7 NOTICE OF APPEARANCE by Patricia Hines on behalf of National Railroad Passenger Corp...(Hines, Patricia) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. National Railroad Passenger Corp. waiver sent on 3/2/2022, answer due 5/2/2022. Document filed by Damon Williams..(Wietzke, Marc) |
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Filing 5
ORDER : It is hereby ORDERED that a telephonic conference will be held on May 4, 2022 at 04:00 PM. The parties shall call (888) 363-4749 and enter the access code 558-3333. 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 April 27, 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: May 4, 2022 at 4:00 p.m. IPTC MATERIALS DUE: April 27, 2022 at noon. ( Initial Conference set for 5/4/2022 at 04:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 3/18/22) (yv)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to National Railroad Passenger Corp.. (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 Sarah Netburn 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 3 CIVIL COVER SHEET filed..(Wietzke, Marc) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to National Railroad Passenger Corp., re: #1 Complaint. Document filed by Damon Williams..(Wietzke, Marc) |
| Filing 1 COMPLAINT against National Railroad Passenger Corp.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25789770)Document filed by Damon Williams..(Wietzke, Marc) |
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| Plaintiff: Damon Williams | |
| Represented By: | Marc Twyman Wietzke |
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| Defendant: National Railroad Passenger Corp. | |
| Represented By: | Patricia Hines |
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