Estate of Dorothy Lyons et al v. CSX Transportation, Inc.
| Estate of Dorothy Lyons and Estate of Eugene Lyons |
| CSX Transportation, Inc. |
| 4:2020cv00224 |
| December 2, 2020 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 6, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 56 Rule 26(f) Report (joint) filed by CSX Transportation, Inc.. (Spradlin, Andrew) |
| Document Referred: #56 Joint Rule 26(f) Report referred to US Magistrate Judge Kimberly A. Swank for an order on scheduling. (Waddell, K.) |
Filing 55
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 12/16/2020. (Waddell, K.)
|
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Waddell, K.) |
| Filing 54 Notice of Appearance filed by Wesleigh Caroline Vick on behalf of All Plaintiffs. (Vick, Wesleigh) |
| Filing 53 Financial Disclosure Statement by Estate of Eugene Lyons (Jessup, Robert) |
| Filing 52 Financial Disclosure Statement by Estate of Dorothy Lyons (Jessup, Robert) |
| Filing 51 Notice of Appearance filed by Robert Henry Jessup, IV on behalf of All Plaintiffs. (Jessup, Robert) |
| NOTICE OF DEFICIENCY regarding #2 through #43 . Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual (i.e., "Exhibit 1" is not a sufficient description). Additionally, when filing a document with more than five exhibits, the first attached exhibit must be an index of all of the subsequent attached documents. Counsel is directed to file an index of exhibits. Additionally, in future filings, counsel is reminded to file exhibits as attachments to the main document, not as individual docket entries. (Waddell, K.) |
| Filing 50 Financial Disclosure Statement, filed by CSX Transportation, Inc. (Millberg, John) Modified on 12/9/2020 to clarify docket text (Waddell, K.) |
| Filing 49 Notice filed by CSX Transportation, Inc. Supplemental Removal Cover Sheet. (Millberg, John) |
| Filing 48 Notice filed by CSX Transportation, Inc. Civil Cover Sheet. (Millberg, John) |
| Filing 47 Notice of Appearance filed by Andrew Spradlin on behalf of All Defendants. (Spradlin, Andrew) |
| Filing 46 Notice of Appearance filed by John C. Millberg on behalf of All Defendants. (Millberg, John) |
| Filing 45 Notice of Appearance filed by John C. Millberg on behalf of All Defendants. (Millberg, John) |
| Filing 44 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Counsel for Plaintiff, Robert H. Jessup and B. Joan Davis of Howard, Stallings, From, Atkins, Angell & Davis, P.A. at Post Office Box 12347, Raleigh, NC 27605 mailed via US Mail on December 7, 2020. (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal: Counsel has failed to attach the Supplemental Removal Cover Sheet as required by Local Rule 5.3(a). This form can be found on the court's website and can be filed using the event Notice - Other. Counsel should add as attachments any other documents required under Local Rule 5.3(a) that have not already been filed. (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.) |
| Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding #45 Notice of Appearance. Pursuant to Section VI.C.2 of the CM/ECF Policies and Procedures Manual, each attorney making an appearance in the case must be a registered CM/ECF filer with this court and must file his or her own Notice of Appearance. Counsel is directed to refile. (Waddell, K.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to CSX Transportation, Inc.. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) |
| Filing 43 Exhibit 43 - Disclosure of Corporate Affiliations, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 42 Exhibit 42 - Supplemental Removal Cover Sheet, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 41 Exhibit 41 - Civil Cover Sheet, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 40 Exhibit 40 - Notice of Removal State Court, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 39 Exhibit 39- Order Granting Defendant Town of Whitakers MTD, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 38 Exhibit 38 - Consent Protective Order, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 37 Exhibit 37 - Notice of Withdrawal of HOH, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 36 Exhibit 36 - Voluntary Dismissal Without Prejudice Nash and Edgecombe Counties, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 35 Exhibit 35 - Town of Whitakers Amended NOH, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 34 Exhibit 34 - Town of Whitakers Calendar Request, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 33 Exhibit 33 - Town of Whitakers NOH, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 32 Exhibit 32 - NOH - Motions to Dismiss, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 31 Exhibit 31 - Calendar Request Motions to Dismiss, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 30 Exhibit 30- Designation of Secured Leave Matt Little, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 29 Exhibit 29 - Order for Extension of Time CSXT Third Discovery, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 28 Exhibit 28 - CSXTs Motion for Extension of Time Third Discovery, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 27 Exhibit 27 - Order Granting Motion for Admission Pro Hac Vice Karlin, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 26 Exhibit 26 - Consent Motion for Admission Pro Hac Vice Karlin, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 25 Exhibit 25 - Voluntary Dismissal Without Prejudice as to CSX Corporation, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 24 Exhibit 24 - Town of Whitakers NOH and Calendar Request, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 23 Exhibit 23 - Town of Whitakers Motion to Extend Time Discovery, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 22 Exhibit 22 - Nash and Edgecombe Counties Motion to Extend Time Plaintiff's Discovery, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 21 Exhibit 21 - Order granting Motion to Extend Time for CSXT to respond to Discovery Signal Systems, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 20 Exhibit 20 - Order granting Motion to Extend Time for CSXT to respond to Second Discovery, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 19 Exhibit 19- NOH for Nash and Edgecome Counties' MTD, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 18 Exhibit 18 - Calendar Request for Nash and Edgecombe Counties' MTD, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 17 Exhibit 17 - Motion for Extension of Time Second Discovery Instrument, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 16 Exhibit 16- Motion for Extension of Time Discovery Signal Systems, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 15 Exhibit 15 - Order granting CSXT additional time to answer, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 14 Exhibit 14 - Estate of D. Lyons' Motion to Extend Timefiled by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 13 Exhibit 13 - Estate of E. Lyons' Motion to Extend Time, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 12 Exhibit 12- CSXT'S Answer, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). Modified on 12/16/2020 (Waddell, K.). |
| Filing 11 Exhibit 11 - Nash County's Motion to Dismiss, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 10 Exhibit 10- Nash County's Answer, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on to clarify docket text 12/11/2020 (Waddell, K.). |
| Filing 9 Exhibit 9 - Edgecombe County's Motion to Dismiss, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 8 Exhibit 8 - Edgecombe County's Answer, filed by CSX Transportation, Inc. regarding #1 Notice of Removal.(Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 7 Exhibit 7e - Exhibit to Motion to Dismiss, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 6 Exhibit 7d - Exhibit to Motion to Dismiss, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 5 Exhibit 7c - Exhibit to Motion to Dismiss, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John)Modified on 12/11/2020 to clarify docket text. (Waddell, K.) |
| Filing 4 Exhibit 7b - Exhibit to Motion to Dismiss, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) ) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 3 Exhibit 7a - Exhibit to Motion to Dismiss, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text. (Waddell, K.) |
| Filing 2 Exhibit 6 -Affidavit to Motion to Dismiss, filed by CSX Transportation, Inc. regarding #1 Notice of Removal. (Millberg, John) Modified on 12/11/2020 to clarify docket text (Waddell, K.). |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Edgecombe County Superior Court, case number 19CVS1042. ( Filing fee $ 402 receipt number 0417-5756052), filed by All Defendants. (Attachments: #1 Exhibit List, #2 Exhibit 1 - Complaint, #3 Exhibit 2 - Nash Countys Motion and Order for Extension of Time, #4 Exhibit 3 - Edgecombe Countys Motion and Order for Extension of Time, #5 Exhibit 4 - CSXTs Motion for Extension of Time, #6 Exhibit 5 - Town of Whitakers Motion to Dismiss) (Millberg, John) . |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
