ABB INC. v. CSX Transportation, Inc.
| ABB INC. |
| CSX Transportation, Inc. |
| 5:2008cv00025 |
| January 22, 2008 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| James C. Fox |
| Contract: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
183
Order Dismissing Case without prejudice to either party to file a motion to reopen should settlement not be consummated on or before April 23, 2015. Unless a party files a motion to reopen, counsel are DIRECTED to file their Joint Stipulation of Dism issal on or before that date. The Clerk of Court is DIRECTED to remove this matter from the court's trial calendar and to cancel the pretrial hearing presently scheduled for March 26, 2015. Signed by Senior Judge James C. Fox on 3/26/2015. (Edwards, S.)
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Filing
128
ORDER LIFTING STAY. This matter is before the court sua sponte. Because the issues of causation and damages remain for trial, the Clerk of Court is DIRECTED to set this matter for trial on the term of court commencing on 12/1/2014. Additionall y, the Clerk of Court is DIRECTED to schedule and notice a pretrial hearing before the undersigned on 11/21/14, at 1:30 p.m. or as soon thereafter as the court may reach it. The parties are reminded to read the order in its entirety for additional deadlines. Signed by Senior Judge James C. Fox on 9/9/2014. (Grady, B.)
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Filing
127
ORDER granting 125 Motion to Stay. The Clerk of Court is DIRECTED to remove this matter from the court's pretrial and trial calendars. Once a decision on the Petition is rendered, the parties shall file a notice with this court informing it of the same. Signed by Senior Judge James C. Fox on 10/30/2013. (Edwards, S.)
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Filing
114
CONSENT JUDGMENT. Counsel is reminded to read the consent judgment in its entirety for critical information. Each party shall bear its own costs and attorneys' fees. This Consent Judgment constitutes a final judgment in this action. Signed by Senior Judge James C. Fox on 5/7/2012. (Edwards, S.)
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Filing
106
ORDER denying 48 Motion for Summary Judgment. Counsel is reminded to read the order in its entirety for further information. Signed by Senior Judge James C. Fox on 4/5/2012. (Edwards, S.)
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Filing
105
ORDER - CSXT's Motion for Summary Judgment 48 -2 is ALLOWED as to its affirmative defense of limitation of liability and its contention that ABB's state claims are preempted by the Carmack Amendment. ABB's alternative state law claims hereby are DISMISSED. The court still is analyzing CXST's Motion for Summary Judgment 48 -1 as to causation and damages pursuant to Carmack, and an order on that motion will issue as soon as possible. Regardless of the outcome, however, CSXT&# 039;s liability for damages, if any, is limited to $25,000. ABB's Cross-Motion for Partial Summary Judgment 75 is DENIED. Trial on the issues of causation and damages is set for this court's May 14, 2012, term of court. The Clerk of Court is directed to continue management of this matter. Signed by Senior Judge James C. Fox on 3/22/2012. (Foell, S.)
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| Plaintiff: ABB INC. | |
| Represented By: | Jeffrey M. Young |
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| Defendant: CSX Transportation, Inc. | |
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