Shephard et al v. Norfolk Southern Railway Co.
| Mary Shephard, Tammy Whalen and Tammy Whaley |
| Norfolk Southern Railway Co. |
| 3:2017cv01377 |
| June 28, 2017 |
| US District Court for the Northern District of Ohio |
| Toledo Office |
| Erie |
| Jack Zouhary |
| Labor: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 17, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 20 Judgment Entry: Defendant's Motion to Dismiss under Federal Civil Rule 12(b)(1) (Docs. #13 & #14 ) is granted. This case is dismissed without prejudice for lack of subject matter jurisdiction. Judge Jack Zouhary on 1/17/2018. (D,L) |
Filing 19
Order granting #13 Defendant's Motion to dismiss for lack of jurisdiction and for failure to state a claim. Judge Jack Zouhary on 1/17/2018. (D,L)
|
|
Order [non-document]. Although the Complaint and caption refer to Plaintiff as Tammy Whalen, this Court notes the Motion to Dismiss and all briefs and attached documents refer to Plaintiff as Tammy Whaley. This Court changes the caption from Tammy Whalen to Tammy Whaley. Judge Jack Zouhary on 1/11/2018. (D,L)
|
|
Filing 18
ORDER. Phone Status held on 11/7/17. Defendant's Rule 12 Motion #13 is back under consideration, and -- to the extent relevant to its jurisdictional ruling -- Court will consider the documents and declarations attached to the briefing. See attached Order for detail. (30 min) Judge Jack Zouhary on 11/13/17. (S,Na)
|
|
Filing 17
ORDER. Defendant's Motion to Dismiss #13 is denied without prejudice and with the right to renew the Motion as a summary judgment motion. See attached Order for detail. Phone Status set for 11/7/17 at 8:45 AM before Judge Jack Zouhary. This Court will initiate the call. Counsel should consult with each other and submit a proposed plan in a Report of Parties which is attached. Judge Jack Zouhary on 10/31/17. (Attachments: #1 Report of Parties). (S,Na)
|
| Filing 16 Reply in support of #13 Motion to dismiss for lack of jurisdiction Motion to dismiss for failure to state a claim filed by Norfolk Southern Railway Co.. (Lewis, John) |
| Filing 15 Memorandum in Opposition to #13 Motion to dismiss for lack of jurisdiction Motion to dismiss for failure to state a claim filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Declaration of Mary Shepard, #2 Exhibit 2 - Declaration of Tammy Whaley)(McDermott, Kevin) Modified text on 10/31/2017 (M,L). |
| Filing 14 SEALED Document: Unredacted Memorandum in Support of #13 Motion to Dismiss filed by Norfolk Southern Railway Co. Related document(s) #12 , #13 . (Attachments: #1 Exhibit 2 - HQC Personnel 1099 income statements, #2 Exhibit 4 - HQC 1099 income statements from clients, #3 Exhibit 6 - HQC Tax return excerpts, #4 Exhibit 7 - Tammy Whaley 2015 tax return, #5 Exhibit 8 - Michael J. Shephard and Mary E. Shephard Tax returns)(Lewis, John) Modified to add document name on 10/18/2017 (M,L). |
| Filing 13 Motion to dismiss for lack of jurisdiction , Motion to dismiss for failure to state a claim filed by Defendant Norfolk Southern Railway Co.. Related document(s) #12 , #11 . (Attachments: #1 Brief in Support Memorandum in Support of Motion to Dismiss, #2 Exhibit 1 - HQC Proposal Invoice, #3 Exhibit 2 - Filed Under Seal, #4 Exhibit 3 - HQC Invoices, #5 Exhibit 4 - Filed Under Seal, #6 Exhibit 5 - NS Payment Ledger, #7 Exhibit 6 - Filed Under Seal, #8 Exhibit 7 - Filed Under Seal, #9 Exhibit 8 - Filed Under Seal, #10 Exhibit 9 - HQC Termination Notices)(Lewis, John) Modified on 11/13/2017 (D,L). |
| Filing 12 Marginal Entry Order granting #11 Defendant's Unopposed Motion for leave to File Limited Portions of its Memorandum in Support of its Motion to Dismiss Under Seal. Judge Jack Zouhary on 9/28/2017.(D,L) |
| Filing 11 Unopposed Motion for leave to File Limited Portions of its Memorandum in Support of its Motion to Dismiss Under Seal filed by Defendant Norfolk Southern Railway Co.. (Lewis, John) |
| Filing 10 Protective Order regarding confidential documents approving #8 Joint Motion for protective order, with the addition of the attached Addendum regarding Confidential Documents Under Seal. Judge Jack Zouhary on 9/20/2017. (Attachments: #1 Addendum)(D,L) |
|
Filing 9
ORDER. Phone Status held on 8/31/17. Defendant granted leave to file Motion to Dismiss. Defendant's brief (15-page maximum) due 9/29/17; Plaintiffs' response (15-page maximum) due 10/20/17; reply (5-page maximum) due 10/31/17. Counsel encouraged to file Joint Stipulation of Undisputed Material Facts. Each side shall promptly produce additional records discussed during the Phone Status which were not yet included in the initial disclosures. (30 min) Judge Jack Zouhary on 8/31/17. (S,Na)
|
| Filing 8 Joint Motion for protective order filed by Mary Shephard, Tammy Whalen. (Winters, Ryan) |
|
Filing 7
ORDER. Initial Phone Status held on 7/31/17. After discussion, further Phone Status set for 8/31/17 at 9:30 AM (NOTE CHANGE IN DATE) before Judge Jack Zouhary. Counsel shall use same District Court conference line. Defendant's Answer due on 8/28/17 is stayed until Court has opportunity to talk with counsel on 8/31/17. At that time, Court expects to hear from counsel on best next steps for this case. (20 min) Judge Jack Zouhary on 7/31/17. (S,Na)
|
| Filing 6 Marginal Entry Order granting #4 Defendant's Unopposed Motion for Extension of Time to Answer. Defendant's Answer due 8/28/17. Judge Jack Zouhary on 7/28/17.(S,Na) |
| NOTICE [non-document] of initial Phone Status set for 7/31/17 at 9:30 AM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na) |
| Filing 5 Corporate Disclosure Statement identifying Corporate Parent Norfolk Southern Corporation for Norfolk Southern Railway Co. filed by Norfolk Southern Railway Co.. (Lewis, John) |
| Filing 4 Unopposed Motion for extension of time until August 28, 2017 to answer , move, or otherwise plead in response to plaintiffs' complaint filed by Defendant Norfolk Southern Railway Co.. (Dow, Dustin) |
| Filing 3 Return of Service by Clerk by certified mail executed upon Norfolk Southern Railway Co. on 7/10/2017, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Mary Shephard; Tammy Whalen Related document(s) #2 . (W,Jo) |
| Service by Clerk. Summons and Complaint addressed to Norfolk Southern Railway Co. placed in U.S. Mail. Type of service: certified mail. Receipt # 70160910000212628748. (P,WL) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Norfolk Southern Railway Co. (Attachments: #1 Magistrate Consent Form) (M,L) |
| Judge Jack Zouhary assigned to case. (M,L) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (M,L) |
| Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a). (M,L) |
| Filing 1 Complaint with jury demand against Norfolk Southern Railway Co.. Filing fee paid $ 400, Receipt number 0647-8219446.. Filed by Mary Shephard, Tammy Whalen. (Attachments: #1 Cover Sheet, #2 Summons) (Winters, Ryan) |
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.
Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System
- 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.
