Lemon v. Norfolk Southern Railway Company
| Daniel Lemon |
| Norfolk Southern Railway Company and Northfolk Southern Corporation |
| 3:2018cv01029 |
| May 3, 2018 |
| U.S. District Court for the Northern District of Ohio |
| Toledo Office |
| Lucas |
| James G Carr |
| Labor: Other |
| 05 U.S.C. § 704 |
| None |
Docket Report
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| Filing 40 True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's judgment re #36 Notice of Cross Appeal (USCA# 19-3906). Date issued as mandate 5/22/20; Costs: None (H,SP) |
| Filing 39 Information Copy of opinion from USCA for the Sixth Circuit: Affirming the District Court's judgment re #36 Notice of Cross Appeal (USCA# 19-3906). This is not a mandate order. Circuit Judges: Merritt, Suhrheinrich, and Sutton. Date issued by USCA 4/30/20. (Attachments: #1 Judgment) (H,SP) |
Order [non-document] granting Defendant's Motion to tax costs in the amount of $5681.25 (Related Doc #35 ). Judge James G. Carr on 2/15/2020. (D,TM)
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| Filing 38 Appeal Order from USCA for the Sixth Circuit: Granting the motion by Ami N. Wynne to withdraw as counsel for the appellee re #36 Notice of Cross Appeal (USCA# 19-3906). Date issued by USCA 2/11/20 (H,SP) |
| Acknowledgment from the USCA for Sixth Circuit of receipt of #36 Notice of Cross Appeal (USCA# 19-3906). Date filed in USCA 9/24/19. (H,SP) |
| Filing 37 Transcript Request by Daniel Lemon re #36 Notice of Cross Appeal. Transcript is unnecessary, there were no hearings. (Leizerman, E.J.) |
| Filing 36 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #34 Judgment of 8/28/19, filed by Daniel Lemon. (Filing fee $505, receipt number 0647-9533875) (Leizerman, E.J.) |
| Filing 35 Motion to tax costs filed by Defendant Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Bill of Costs, #2 Exhibit B - Supporting Documentation to Bill of Costs)(Marsico, Jason) |
| Filing 34 Judgment Entry: Plaintiff Lemon's motion for summary judgment under Fed. R. Civ. P. 56 (Doc. #18 ) is denied. Defendant Norfolk Southern Railway Company's motion for summary judgment (Doc. #19 ) is granted. Defendant Norfolk Southern Rai lway Company's objections to affidavits of Fredric Schultz and Rebecca Stevenson (Doc. #24 ) overruled. Plaintiff Lemon's motion to supplement plaintiff's briefing regarding his opposition to defendant's motion for summary judgment, without argument, instanter (Doc. #32 ), be, and the same hereby is, granted. Judge James G. Carr on 8/28/19. (C,D) |
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Filing 33
Order : Plaintiff Lemon's motion for summary judgment under Fed. R. Civ. P. 56 (Doc. #18 ) is denied. Defendant Norfolk Southern Railway Company's motion for summary judgment (Doc. #19 ) is granted. Defendant Norfolk Southern Railway Company's objections to affidavits of Fredric Schultz and Rebecca Stevenson (Doc. #24 ) overruled. Plaintiff Lemon's motion to supplement plaintiff's briefing regarding his opposition to defendant's motion for summary judgment, without argument, instanter (Doc. #32 ), be, and the same hereby is, granted. Judge James G. Carr on 8/28/19.(C,D)
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| Notice [non-document] of Status Conference set for 10/8/2019 at 09:30 AM to be held telephonically before Judge James G. Carr. The court will initiate the call to the numbers indicated on the docket unless alternate contact information has been provided to [email protected] prior to the date of conference. Related document(s) #31 , #32 . (C,EA) |
| Filing 32 Motion to supplement Plaintiff's Briefing Regarding His Opposition to Defendant's Motion for Summary Judgement, Without Argument, Instanter filed by Plaintiff Daniel Lemon. Related document(s) #25 . (Attachments: #1 Exhibit Memorandum Opinion)(Leizerman, E.J.) |
| Filing 31 Joint Timeline of Statements by Plaintiff About His Alleged December 16, 2015 Injury filed by Norfolk Southern Railway Company. (Marsico, Jason) |
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Order [non-document] of Status Conference held on 6/10/19. Time: 20 Minutes. Court Reporter: Stacey Kiprotich. The parties shall jointly submit, on or before June 20, 2019, a timeline of all statements plaintiff Lemon made about the incident in question indicating: 1) what plaintiff said; 2) to whom plaintiff made the statement; and 3) when plaintiff made the statement. The parties' timeline must also indicate the source of each statement with appropriate citations to the record. Judge James G. Carr on 6/11/19. (C,D)
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| Notice [non-document] of Status Conference set for 6/10/2019 at 04:00 PM to be held telephonically before Judge James G. Carr. The court will initiate the call to the numbers indicated on the docket unless alternate contact information has been provided to [email protected] prior to the date of the conference. (C,D) |
| Filing 30 Sur-Reply filed by Norfolk Southern Railway Company. Related document(s) #26 . (Marsico, Jason) |
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Order [non-document] granting #28 Motion for Extension of Time until 5/24/19 to Respond to Defendant's Objection to Affidavits. Judge James G. Carr on 5/30/19.(C,D)
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| Filing 29 Memorandum in Opposition to Defendant's Objection to Affidavits of Fredric Schultz and Rebecca Stevenson filed by All Plaintiffs. Related document(s) #24 #18 ). (Attachments: #1 Exhibit Affidavit of Fredric Schultz 2019-03-15, #2 Exhibit Affidavit of Fredric Schultz 2019-05-23) (Leizerman, Erwin) |
| Filing 28 Motion for extension of time until May 24, 2019 to Respond to Defendant's Objection to Affidavits filed by Plaintiff Daniel Lemon. Related document(s) #24 . (Leizerman, Erwin) |
| Filing 27 Reply in support of #19 Motion for summary judgment filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit 1 Deposition of Rodney K. Cutlip, #2 Exhibit 2 Responses)(Marsico, Jason) Modified text on 5/22/2019 (R,Ke). |
| Filing 26 Reply in support of #18 Motion for partial summary judgment filed by All Plaintiffs. (Attachments: #1 Exhibit Deposition Excerpt of John Turpie, #2 Exhibit Deposition Excerpt of Rodney Cutlip, #3 Exhibit Declaration of Daniel Lemon, #4 Exhibit Unreported Case Law, Knisely, #5 Exhibit Unreported Case Law, Grimes, #6 Exhibit Affidavit of Frederic Schultz)(Leizerman, Erwin) |
| Filing 25 Response with Memorandum in Opposition to #19 Motion for summary judgment filed by Daniel Lemon. (Attachments: #1 Exhibit A - Affidavit of Frederic Schultz, #2 Exhibit B - Declaration of Dan Lemon, #3 Exhibit C - Deposition Excerpt of Rodney Cutlip, #4 Exhibit D - Stipulation, #5 Exhibit E - Deposition of Daniel Lemon, #6 Exhibit F - Affidavit of Rebecca Stevenson, #7 Exhibit G - Deposition of John Turpie, #8 Exhibit H - Email from John Turpie, #9 Exhibit I - 49CFR 225.17, #10 Exhibit J - Unreported Case Law, Knisely, #11 Exhibit K - Unreported Case Law, Grimes, #12 Exhibit L - St. Charles Records, #13 Exhibit M - Unreported Case Law, Kawa, #14 Exhibit N - Unreported Case Law, Rutledge)(Leizerman, Erwin) |
| Filing 24 Objection to the affidavits of Frederic Schultz and Rebecca Stevenson filed by Norfolk Southern Railway Company. Related document(s) #18 . (Attachments: #1 Exhibit Supplemental Declaration of Tara Arnett) (Marsico, Jason) |
| Filing 23 Opposition to #18 Motion for partial summary judgment filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit 1 - Deposition of Daniel Lemon and Select Exhibits (Excerpt), #2 Exhibit 2 - Declaration of T. Arnett dated March 18, 2019, #3 Exhibit 3 - Deposition of John T. Falk (Excerpt), #4 Exhibit 4 - Norfolk Southern Thoroughbred Code of Ethics, #5 Exhibit 5 - Norfolk Southern Anti-Retaliation Training, #6 Exhibit 6 - Norfolk Southern Corporation Internal Control Plan, #7 Exhibit 7 - Deposition of John Turpie (Excerpt), #8 Exhibit 8 - Declaration of M. Baker and Attachments, #9 Exhibit 9 - Daniel Lemons Form 22 dated December 16, 2015 (Injury Report), #10 Exhibit 10 - Transcript of January 13, 2016 Investigative Hearing re: Daniel Lemon False and/or Conflicting Statements, #11 Exhibit 11 - Declaration of Bradley R. Graham, #12 Exhibit 12 - Pub. Law Bd. No. 7716, Award No. 16, Nov. 10, 2017 (D. Lemon Claim Denied), #13 Exhibit 13 - May 4, 2017 Findings of OSHA re: Daniel Lemons Complaint, #14 Exhibit 14 - Filings re: Proceedings of D. Lemon Claim before Administrative Law Judge, #15 Exhibit 15 - Supplemental Declaration of T. Arnett dated May 3, 2019)(Marsico, Jason) |
| Filing 22 Marginal Entry Order granting #20 Plaintiff's Motion for Extension of Time to File Opposition. re #19 #18 . Oppositions due 5/3/19, Replies due by 5/20/2019, sur-replies due 5/30/19. Judge James G. Carr on 4/15/19.(C,D) |
| Filing 21 Opposition to #20 Motion for extension of time until 05/03/2019 to file opposition to #19 Motion for summary judgment filed by Norfolk Southern Railway Company. (Marsico, Jason) |
| Filing 20 Motion for extension of time until 05/03/2019 to file opposition to #19 Motion for summary judgment filed by Plaintiff Daniel Lemon. Related document(s) #19 . (Leizerman, Erwin) |
| Filing 19 Motion for summary judgment filed by Defendant Norfolk Southern Railway Company. (Attachments: #1 Brief in Support, #2 Exhibit 1 - Declaration of T. Arnett, #3 Exhibit 2 - Code of Ethics (Excerpt), #4 Exhibit 3 - Anti-Retailiation Training, #5 Exhibit 4 - Deposition of John T. Falk, #6 Exhibit 5 - Internal Control Plan, #7 Exhibit 6 - Deposition of Daniel Lemon, #8 Exhibit 7 - Deposition of Rodney Cutlip, #9 Exhibit 8 - Deposition of John Turpe, #10 Exhibit 9 - Form 22 (Injury Report), #11 Exhibit 10 - Declaration of M.Baker, #12 Exhibit 11 - Investigation Hearing Transcript and Exhibits, #13 Exhibit 12a - PLB 7716, Award 16 (Lemon), #14 Exhibit 12b - OSHA Findings, #15 Exhibit 13 - Lemon Objections to OSHA Findings, #16 Exhibit 14 - NS Motion for Summary Decision, #17 Exhibit 15 - Lemon Kick-Out Notice, #18 Exhibit 16 - PLB No. 1760, Feb 24, 1982, #19 Exhibit 17 - Special Bd of Adj. No. 1049, #20 Exhibit 18 - Special Bd of Adj. No. 1048, #21 Exhibit 19 - Special Bd of Adj. No. 1063, #22 Exhibit 20 - Graham Signed Declaration)(Marsico, Jason) |
| Filing 18 Motion for partial summary judgment with Memorandum in support filed by Plaintiff Daniel Lemon. (Attachments: #1 Exhibit A - Schultz Affidavit, #2 Exhibit B - Declaration of Dan Lemon, #3 Exhibit C - Stipulation, #4 Exhibit D - Deposition Transcript, Dan Lemon, #5 Exhibit E - Stevenson Affidavit, #6 Exhibit F - Deposition Transcript, John Turpie, #7 Exhibit G - Declaration of John Turpie, #8 Exhibit H - Unreported Case, Murphy, #9 Exhibit I - Unreported Case, Miller, #10 Exhibit J - Employee Casualties)(Leizerman, Erwin) |
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Order [non-document] Upon request of the parties, Dispositive Motions are now due by 3/18/2019, Opposition due 4/18/19 Replies due by 5/8/2019, sur-replies due 5/20/19. Judge James G. Carr on 3/7/19. (C,D)
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| Filing 17 Witness List filed by All Plaintiffs. (Leizerman, Erwin) |
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Filing 16
Order granting Joint Motion for extension of deadlines (Related Doc #15 ). Discovery due by 2/15/2019. Dispositive Motions due by 3/15/2019, Opposition due 4/15/19, Replies due by 5/5/2019, Sur-reply due 5/15/19. Judge James G. Carr on 2/1/19. (C,D)
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| Filing 15 Joint Motion To Extend Discovery And Amend Summary Judgment Dates filed by Defendant Norfolk Southern Railway Company. (Marsico, Jason) |
| Filing 14 Notice of Service of Plaintiff's Interrogatories, Request for Production, and Requests for Admission filed by Daniel Lemon. (Leizerman, Erwin) |
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Order [non-document] of Status Conference held on 12/6/18. Time: 10 minutes. All present deadlines are vacated. Discovery, including expert discovery due by 1/15/2019. Dispositive Motions due by 2/15/2019, Opposition due 3/15/19, Replies due by 4/5/2019, sur-reply due 4/15/19. Judge James G. Carr on 12/11/18. (C,D)
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| IMPORTANT: Notice [non-document] of Status Conference set for 12/6/2018 at 09:30 AM to be held telephonically before Judge James G. Carr. The court will initiate the call. (C,D) |
| Filing 13 Notice of Service of Plaintiffs Initial Disclosures filed by Daniel Lemon. (Leizerman, Erwin) |
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Filing 12
Order of Status Conference held on 9/24/18. Time: 15 Minutes. Case designated standard. All Discovery due by 12/31/2018. Dispositive Motions due by 2/1/2019, opposition due 3/1/19, Replies due by 3/20/2019, plaintiff's reply due 4/1/19. Oral motion by defendant for admission pro hac vice of attorneys Ami Wynne and Jason Marsico be, and the same hereby is, granted, contingent on submission of appearance fees. Further scheduling held in abeyance pending adjudication of dispositive motion(s). Judge James G. Carr on 9/25/18. (C,D)
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| Filing 11 Motion for attorney Jason G. Marsico to Appear Pro Hac Vice with certificate of good standing. Filing fee $ 120, receipt number 0647-8923214, filed by Defendant Norfolk Southern Railway Company. (Devine, Joseph) |
| Filing 10 Motion for attorney Ami N. Wynne to Appear Pro Hac Vice with certificate of good standing. Filing fee $ 120, receipt number 0647-8923186, filed by Defendant Norfolk Southern Railway Company. (Devine, Joseph) |
| IMPORTANT: Notice [non-document] of Status Conference set for 9/24/2018 at 11:00 AM to be held telephonically before Judge James G. Carr. The court will initiate the call. (C,D) |
| Filing 9 Corporate Disclosure Statement identifying Corporate Parent Norfolk Southern Corporation for Norfolk Southern Railway Company filed by Norfolk Southern Railway Company. (Devine, Joseph) Modified text to add s/Samuel E. Endicott on 6/19/2018 (D,TM). |
| Filing 8 Answer to #1 Complaint filed by Norfolk Southern Railway Company. (Devine, Joseph) Modified text to add s/Samuel E. Endicott on 6/19/2018 (D,TM). |
| Filing 7 Attorney Appearance by Samuel E. Endicott filed by on behalf of Norfolk Southern Railway Company. (Endicott, Samuel) |
| Filing 6 Attorney Appearance by Joseph C. Devine filed by on behalf of Norfolk Southern Railway Company. (Devine, Joseph) |
| Filing 5 Unopposed Motion for extension of time until June 15, 2018 to answer or otherwise plead filed by Defendant Norfolk Southern Railway Company. Related document(s) #1 . (Endicott, Samuel) |
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Order [non-document] granting #5 Unopposed Motion for Extension of Time to Answer (re #1 Complaint); Norfolk Southern Railway Company answer due 6/15/2018. Judge James G. Carr on 5/29/18.(C,D)
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| Filing 4 Return of Service by certified mail executed upon Norfolk Southern Railway Company on 5/11/2018, filed on behalf of Daniel Lemon (Leizerman, Erwin) |
| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon Norfolk Southern Railway Company. (Attachments: #1 Magistrate Consent Form) (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) |
| 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) |
| Judge James G. Carr assigned to case. (M,L) |
| Filing 2 Supplement to Complaint - Civil Cover Sheet, filed by Daniel Lemon. Related document(s) #1 . (Leizerman, Erwin) |
| Filing 1 Complaint against Norfolk Southern Railway Company. Filing fee paid $ 400, Receipt number 0647-8687303.. Filed by Daniel Lemon. (Attachments: #1 Summons, #2 Civil Cover Sheet) (Leizerman, Erwin) |
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