Ibel et al v. Norfolk Southern Corporation, et al
Tina Ibel and Sheryl Tomor |
Norflk Southern Corporation, Norfolk Southern Railway Company and Norfolk Southern Corporation |
4:2023cv00315 |
February 17, 2023 |
US District Court for the Northern District of Ohio |
J Philip Calabrese |
Benita Y Pearson |
Torts to Land |
28 U.S.C. § 1332 Diversity-Torts to Land |
Both |
Docket Report
This docket was last retrieved on April 6, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 18 Transcript of Hearing held on 3/31/23 before Judge Benita Y. Pearson. To obtain a bound copy of this transcript please contact court reporter Mary L. Uphold at (330) 884-7424 or mary_uphold@ohnd.uscourts.gov. [87 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 4/13/2023. Redaction Request due 4/27/2023. Redacted Transcript Deadline set for 5/7/2023. Release of Transcript Restriction set for 7/5/2023. (U,ML) |
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Filing 16 Marginal Order approving Plaintiffs' #15 Notice of Withdrawal of #10 Motion for Expedited Relief Pursuant to Federal Rule of Civil Procedure 23(d). ECF No. #10 shall be denoted as withdrawn. Judge Benita Y. Pearson on 4/3/2023. (JLG) |
Filing 15 Notice of Withdrawal of Motion for Expedited Relief Pursuant to Federal Rule of Civil Procedure 23(d) filed by All Plaintiffs. Related document(s) #10 , #13 .(Coates, Terence) |
Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Hearing on Plaintiffs' Motion to Appoint Interim Class Counsel and a Plaintiffs' Leadership Structure (ECF No. 25 in Case No. 4:23CV0242) and the Joint Status Report (ECF No. 26 in Case No. 4:23CV0242) held on 3/31/2023 via Zoomgov.com. The matters set forth in the 2 filings are heard and submitted. Present were Plaintiff Attorneys Seth A. Katz, M. Elizabeth Graham, Jayne Conroy, T. Michael Morgan, Steve W. Berman, Jeffrey S. Goldenberg, Ronald R. Parry, Kristen A. Johnson, Nils P. Johnson, Jr., Nils Peter Johnson, R. Andrew Jones, Katherine Rudzik, Christopher A. Seeger, Charles Schaffer, Mark P. Bryant, Daniel N. Abraham, James J. Bilsborrow, Eric H. Zagrans, D. Blayne Honeycutt, Mark P. Chalos, Michelle L. Kranz, Robert R. Sparks, Michael T. Rapier, Elizabeth A. Bernard, Ashlie Case Sletvold, Justin D. Newman, Calvin C. Fayard Jr., Gary A. Davis, Daniel Karon, Whitney K. Siehl, Vincent L. Greene, IV, Terence R. Coates, David I. Shroyer, and Dena Young; and Attorneys J. Lawson Johnston and Scott D. Clements as counsel for Defendants. Attorney Shanon J. Carson and K. Matthews also appeared. Attorney Jones withdrew Plaintiff's Motion for Preliminary Injunction (ECF No. #15 in Case No. 4:23CV0509). Attorney Goldenberg agreed to speak to Attorney Coates about Plaintiffs' Motion for Expedited Relief (ECF No. #10 in Case No. 4:23CV0315) and advise the Court. Attorney Clements advised the Court that Blackhawk School District v. Norfolk Southern Corporation et al, No. 2:23-cv-00500-CB is pending in the U.S. District Court for the Western District of Pennsylvania. (Court Reporter: Mary Uphold); Time: 1 Hour 55 Minutes. (JLG) |
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Filing 13 Reply in support of #10 Motion for Expedited Relief Pursuant to F.R.Civ.P. 23(d) filed by All Plaintiffs. (Coates, Terence) |
Filing 12 Opposition to #10 Motion for Expedited Relief Pursuant to F.R.Civ.P. 23(d) filed by Norfolk Southern Corporation, Norfolk Southern Railway Company. (Clements, Scott) |
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Filing 10 WITHDRAWN - See 4/3/2023 Marginal Order, ECF No. #16 . Motion for Expedited Relief Pursuant to F.R.Civ.P. 23(d) filed by Tina Ibel, Sheryl Tomor. (Attachments: #1 Brief in Support of Plaintiffs' Motion for Expedited Relief Pursuant to F.R.Civ.P. 23(d), #2 Exhibit 1 Declaration of James Bilsborrow in Support of Plaintiffs' Motion for Expedited Relief Pursuant to F.R.Civ.P. 23(d), #3 Exhibit 2 Norfolk Southern Forms, #4 Exhibit 3 Affidavit of Sheryl Tomor, #5 Proposed Order Granting Plaintiffs' Motion for Expedited Relief Pursuant to F.R.Civ.P. 23(b))(Coates, Terence) Modified to denote as withdrawn on 4/3/2023 (JLG). |
Filing 9 Corporate Disclosure Statement identifying Corporate Parent Norfolk Southern Corporation, Other Affiliate Norfolk Southern Properties, inc., Other Affiliate General American Insurance Company, Other Affiliate NS Fiber Optics, Inc., Other Affiliate Thoroughbred Technology & Telecommunications, LLC for Norfolk Southern Railway Company filed by Norfolk Southern Railway Company. (Clements, Scott) |
Filing 8 Corporate Disclosure Statement identifying Other Affiliate Norfolk Southern Properties, inc., Other Affiliate General American Insurance Company, Other Affiliate NS Fiber Optics, Inc., Other Affiliate Thoroughbred Technology & Telecommunications, LLC, Other Affiliate Norfolk Southern Railway Company for Norfolk Southern Corporation filed by Norfolk Southern Corporation. (Clements, Scott) |
Filing 7 Attorney Appearance by J. Lawson Johnston filed by on behalf of Norfolk Southern Corporation, Norfolk Southern Railway Company. (Johnston, J.) |
Filing 6 Attorney Appearance by Scott D. Clements filed by on behalf of Norfolk Southern Corporation, Norfolk Southern Railway Company. (Clements, Scott) |
Judge Benita Y. Pearson reassigned to case. Judge J. Philip Calabrese terminated. (F,AW) |
Random Reassignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (F,AW) |
Notice to Attorney Justin C. Walker. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
Filing 5 Waiver of Service Returned Executed by All Plaintiffs. Norfolk Southern Railway Company waiver sent on 2/20/2023, answer due 4/21/2023 filed on behalf of All Plaintiffs (Coates, Terence) |
Filing 4 Waiver of Service Returned Executed by All Plaintiffs. Norfolk Southern Corporation waiver sent on 2/20/2023, answer due 4/21/2023 filed on behalf of All Plaintiffs (Coates, Terence) |
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Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Norfolk Southern Corporation and Norfolk Southern Railway Company c/o Statutory Agent Corporation Service Company. (Attachments: #1 Magistrate Consent Form) (G,M) |
Judge J. Philip Calabrese assigned to case. (G,M) |
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (G,M) |
Filing 1 Class Action Complaint for Damages with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11847536. Plaintiff has indicated that case may be related to pending civil action 4:23-cv-242. Filed by Tina Ibel, Sheryl Tomor. (Attachments: #1 Civil Cover Sheet, #2 Summons Norfolk Southern Corporation, #3 Summons Norfolk Southern Railway Company) (Coates, Terence) |
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