Ashby v. Norfolk Southern Railway Company et al
Plaintiff: Jermaine Ashby
Defendant: Norfolk Southern Railway Company and Jonathan Elswick
Case Number: 1:2019cv02291
Filed: October 1, 2019
Court: US District Court for the Northern District of Ohio
Presiding Judge: William H Baughman
Referring Judge: Solomon Oliver
Nature of Suit: Labor: Other
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2021 Opinion or Order Filing 29 Stipulation and Order of Voluntary Case Dismissal, with prejudice. Each party shall bear its own costs. Related document #28 . Signed by Judge Solomon Oliver, Jr. on 2/17/2021. (R,Sh)
February 15, 2021 Filing 28 Stipulated Notice of Voluntary Dismissal Under FRCP 41(a)(1) with prejudice filed by Jermaine Ashby. (Gembala, Ryan)
January 11, 2021 Filing 27 Certified copy of state court documents received from Lorain County Court of Common Pleas. (Attachments: #1 Acknowledgement Letter to Lorain County Court) (R,AP)
December 21, 2020 Opinion or Order Order [non-document] in light of #26 joint settlement notice filed the mediation scheduled for 12/21/20 is hereby canceled. All dismissal paperwork is due to Judge Solomon Oliver Jr., by 3/15/21. Referral Terminated. Magistrate Judge William H. Baughman, Jr., on 12/21/20. (D,Ky)
December 18, 2020 Filing 26 Joint Settlement Notice filed by All Defendants. (Vlasek, Jeffrey)
December 7, 2020 Opinion or Order Order [non-document] rescheduling zoom mediation for 12/21/2020 at 11:00 AM before Magistrate Judge William H. Baughman Jr. Zoom information will be emailed to counsel prior to the mediation. Magistrate Judge William H. Baughman, Jr., on 12/7/20. (D,Ky)
December 4, 2020 Filing 25 Minutes of proceedings Pre-mediation conference conducted with counsel by Zoom videoconferencing on 12/4/20 at 11:00 a.m. Attorney Ryan M. Gembala present for plaintiff, and attorneys Jeffrey R. Vlasek and Lauren T. Stuy present for defendants. Counsel discussed the status of settlement negotiations and preparations for the mediation conference scheduled for December 10, 2020 at 11:00 a.m. Counsel for defendants urged to respond to plaintiff's most recent settlement offer in advance of the mediation conference. The Court also urged the parties to continue their discussions prior to mediation regarding possible settlement. (Time: 45 minutes) (D,Ky)
November 18, 2020 Opinion or Order Filing 24 Order that Defendants shall comply with Plaintiff's interrogatory request and Plaintiff's request for production of documents. However, the courtsustains Defendant's objection relative to Plaintiff's deposition request, which is hereby denied. Consequently, the court denies as moot Defendants' Motion to Quash (ECF No. #23 ) Plaintiff's deposition subpoena.Signed by Judge Solomon Oliver, Jr. on 11/18/2020.(R,Sh)
November 13, 2020 Filing 23 Motion to quash Subpoena to Depose Chaina Smith or, in the Alternative, Motion for Protective Order filed by Jonathan Elswick, Norfolk Southern Railway Company. (Attachments: #1 Brief in Support Memorandum of Law in Support of Motion to Quash Subpoena to Depose Chaina Smith, or in the Alternative, Motion for Protective Order, #2 Exhibit A - Complaint, #3 Exhibit B - Amended Complaint, #4 Exhibit C - Subpoena for Depo_Chaina Smith, #5 Exhibit D - Plaintiff's 11-5-2020 Email to Court, #6 Exhibit E - Pertinent Pages of Jermaine Ashby 8-18-20 Deposition)(Vlasek, Jeffrey)
October 15, 2020 Filing 22 Designation of Expert filed by Jermaine Ashby. (Gembala, Ryan)
July 8, 2020 Opinion or Order Filing 21 Amended Order scheduling video mediation conference for 12/10/2020 at 11:00 AM before Magistrate Judge William H. Baughman Jr. Confidential mediation statements are due to the court by 11/20/20. Counsel are to meet and confer by 11/24/20 and submit a joint report by 11/30/20. A zoom status conference will be held on 12/4/20 at 11:00 AM before Magistrate Judge William H. Baughman Jr. Signed by Magistrate Judge William H. Baughman, Jr., on 7/8/20. (D,Ky)
July 8, 2020 Opinion or Order Order [non-document] granting The Parties' Joint #20 Motion to amend case management order and reschedule mediation. Plaintiff's Expert reports are now due 10/15/2020; Fact Discovery due by 10/30/2020; Defendant's Expert Reports are due 12/15/2020; Plaintiff's Rebuttal Experts deadline is 2/16/2021; Dispositive Motions due by 3/16/2021. Mediation dates will be reset by Magistrate Judge Baughman. Judge Solomon Oliver, Jr. on 7/8/2020.(R,Sh)
July 7, 2020 Filing 20 Joint Motion to amend case management order and reschedule mediation conference, filed by Plaintiff Jermaine Ashby. Related document(s) #14 , #19 . (Attachments: #1 Proposed Order)(Gembala, Ryan)
May 4, 2020 Opinion or Order Filing 19 Order scheduling video mediation conference for 9/10/2020 at 11:00 AM before Magistrate Judge William H. Baughman Jr. Confidential mediation statements are due to the court by 9/3/20. Counsel are to meet and confer by 8/31/20 and submit a joint report by 9/2/20. A telephonic status conference will be held on 9/4/20 at 1:30 PM before Magistrate Judge William H. Baughman Jr. Signed by Magistrate Judge William H. Baughman, Jr., on 5/4/20.(D,Ky)
May 1, 2020 Opinion or Order Order [non-document] granting the Parties' #18 Joint Motion for extension of time until September 10, 2020 to Mediate. Mediation will be rescheduled by the Magistrate Judge. Approved by Judge Solomon Oliver, Jr. on 5/1/2020.(R,Sh)
May 1, 2020 Filing 18 Joint Motion for extension of time until September 10, 2020 to reschedule Mediation and Mediation Statement deadline filed by Jonathan Elswick, Norfolk Southern Railway Company. Related document(s) #15 . (Attachments: #1 Proposed Order Reschedule Mediation Conference)(Vlasek, Jeffrey)
March 12, 2020 Opinion or Order Filing 17 Stipulated Protective Order regarding confidential documents.Signed by Judge Solomon Oliver, Jr. on 3/12/2020. (R,Sh)
March 10, 2020 Filing 16 Joint Motion for stipulated protective order filed by Jonathan Elswick, Norfolk Southern Railway Company. (Attachments: #1 Proposed Order Stipulated Protective Order)(Vlasek, Jeffrey)
February 5, 2020 Opinion or Order Filing 15 Order scheduling mediation conference for 5/19/2020 at 11:00 AM in Courtroom 10A before Magistrate Judge William H. Baughman Jr. Confidential mediation statements are due to chambers by 5/12/2020. Signed by Magistrate Judge William H. Baughman, Jr on 2/5/20. (D,Ky)
February 5, 2020 Opinion or Order Filing 14 Minute Order of Case Management Conference held on 2/4/2020. Case is assigned to the standard track. Discovery due by 7/30/2020. Parties to be Joined and Pleading Amendments due by 3/4/2020. The cut-off date for fact discovery is July 30, 2020. Plaintiff will provide any expert reports by July 15, 2020. Defendants will provide any expert reports by September 15, 2020. Plaintiff will provide any rebuttal expert reports by November 16, 2020. Dispositive Motions due by 12/16/2020. This case is referred to Magistrate Judge William H. Baughman, Jr., to conduct a mediation conference as soon as possible after May 15, 2020. Signed by Judge Solomon Oliver, Jr. on 2/5/2020. Time: 30 minutes (R,Sh)
February 3, 2020 LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
January 31, 2020 Filing 13 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (Vlasek, Jeffrey)
January 28, 2020 Filing 12 Attorney Appearance by Lauren T. Stuy filed by on behalf of Jonathan Elswick, Norfolk Southern Railway Company. (Stuy, Lauren)
January 24, 2020 Opinion or Order Order [non-document] granting Granting Defendant's Unopposed Motion for their representative to attend the case management conference by telephone, if needed (Related Doc #11 ). Approved by Judge Solomon Oliver, Jr on 1/24/2020.(R,Sh)
January 24, 2020 Filing 11 Unopposed Motion to attend Case Management Conference by telephone filed by Jonathan Elswick, Norfolk Southern Railway Company. (Attachments: #1 Proposed Order) (Vlasek, Jeffrey)
January 10, 2020 IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)
January 2, 2020 Filing 10 Amended Answer to #9 complaint with Jury Demand filed by Jonathan Elswick, Norfolk Southern Railway Company. (Vlasek, Jeffrey)
December 19, 2019 Filing 9 Amended complaint against Jonathan Elswick and adding new party defendant(s) Norfolk Southern Corporation. Filed by Jermaine Ashby. (Attachments: #1 Summons Summons - Norfolk Southern Corporation) (Gembala, Ryan)
December 13, 2019 Opinion or Order Order [non-document] granting Plaintiff's Unopposed Motion for leave to amend the complaint and substitute a party defendant (Related Doc #6 ).. Judge Solomon Oliver, Jr on 12/13/2019.(R,Sh)
December 10, 2019 Filing 8 Magistrate Consent Package issued. (R,Sh)
December 10, 2019 Opinion or Order Filing 7 Case Management Conference Scheduling Order with case management conference to be held on 2/4/2020 at 02:00 PM at Chambers 17A before Judge Solomon Oliver Jr. Signed by Judge Solomon Oliver, Jr. on 12/10/2019. (R,Sh)
October 18, 2019 Filing 6 Unopposed Motion for leave to Amend Complaint and Substitute a Party Defendant, with memorandum in support filed by Plaintiff Jermaine Ashby. (Gembala, Ryan)
October 8, 2019 Filing 5 Corporate Disclosure Statement identifying Corporate Parent Norfolk Southern Corporation for Norfolk Southern Railway Company filed by Norfolk Southern Railway Company. (Vlasek, Jeffrey)
October 8, 2019 Filing 4 Answer to Complaint with Jury Demand filed by Jonathan Elswick, Norfolk Southern Railway Company. (Vlasek, Jeffrey)
October 1, 2019 Filing 3 Magistrate Consent Form issued. (S,SR)
October 1, 2019 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (S,SR)
October 1, 2019 Judge Solomon Oliver, Jr assigned to case, (S,SR)
October 1, 2019 Filing 2 Supplement to Notice of Removal - Civil Cover Sheet, filed by All Defendants. (Related document(s) #1 ) (Vlasek, Jeffrey)
October 1, 2019 Filing 1 Notice of Removal from Lorain County Court of Common Pleas, case number 19CV199026 with jury demand. Filing fee paid $400, receipt number 0647-9552270.. Filed by Jonathan Elswick, Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Complaint and Summons, #2 Exhibit Declaration of Kinsha Swain, #3 Exhibit Declaration of Jonathan Elswick, #4 Exhibit Declaration of Lewis Maye) (Vlasek, Jeffrey)

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Defendant: Norfolk Southern Railway Company
Represented By: Carrie A. Valdez
Represented By: Jeffrey R. Vlasek
Represented By: Lauren T. Stuy
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Defendant: Jonathan Elswick
Represented By: Carrie A. Valdez
Represented By: Jeffrey R. Vlasek
Represented By: Lauren T. Stuy
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Plaintiff: Jermaine Ashby
Represented By: Ryan M. Gembala
Represented By: Samuel N.O. Dodoo
Represented By: Patrick M. Ward
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