Smith et al. v. Norfolk Southern Corporation et al.
Brenda Smith, Debbie Pugar, John Pugar and Alvin Donaldson |
Norfolk Southern Corporation and Norfolk Southern Railway Company |
4:2023cv00429 |
March 2, 2023 |
US District Court for the Northern District of Ohio |
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 22 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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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 18 Motion for attorney John G. Emerson to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11898943, filed by Alvin Donaldson, Debbie Pugar, John Pugar, Brenda Smith. (Attachments: #1 Affidavit of John G. Emerson)(Beridon, Alyson) |
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Filing 16 Motion for attorney Jeffrey A. Barrack to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11896165, filed by Alvin Donaldson, Debbie Pugar, John Pugar, Brenda Smith. (Attachments: #1 Affidavit of Jeffrey A. Barrack)(Beridon, Alyson) |
Filing 15 Motion for attorney Benjamin A. Gastel to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11896145, filed by Alvin Donaldson, Debbie Pugar, John Pugar, Brenda Smith. (Attachments: #1 Affidavit of Benjamin A. Gastel)(Beridon, Alyson) |
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Filing 13 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 12 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 11 Attorney Appearance by J. Lawson Johnston filed by on behalf of Norfolk Southern Corporation, Norfolk Southern Railway Company. (Johnston, J.) |
Filing 10 Attorney Appearance by Scott D. Clements filed by on behalf of Norfolk Southern Corporation, Norfolk Southern Railway Company. (Clements, Scott) |
Filing 9 Waiver of Service Returned Executed by Alvin Donaldson, Brenda Smith, John Pugar, Debbie Pugar. Norfolk Southern Railway Company waiver sent on 3/6/2023, answer due 5/5/2023 filed on behalf of Alvin Donaldson; Brenda Smith; John Pugar; Debbie Pugar (Beridon, Alyson) |
Filing 8 Waiver of Service Returned Executed by Alvin Donaldson, Brenda Smith, John Pugar, Debbie Pugar. Norfolk Southern Corporation waiver sent on 3/6/2023, answer due 5/5/2023 filed on behalf of Alvin Donaldson; Brenda Smith; John Pugar; Debbie Pugar (Beridon, Alyson) |
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Judge Benita Y. Pearson assigned to case. Judge Christopher A. Boyko 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 Amanda M. Knapp. (F,AW) |
Filing 6 Original Summons and Magistrate Consent Form issued to counsel for service upon Norfolk Southern Corporation c/o J. Steven Stewart, Norfolk Southern Railway Company c/o Corporation Service Company. (Attachments: #1 Magistrate Consent Form) (D,Ju) |
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. (D,Ju) |
Judge Christopher A. Boyko assigned to case. (D,Ju) |
Filing 5 Rule 7.1 Disclosure for Brenda Smith filed by Brenda Smith. (Beridon, Alyson) |
Filing 4 Rule 7.1 Disclosure for John Pugar filed by John Pugar. (Beridon, Alyson) |
Filing 3 Rule 7.1 Disclosure for Debbie Pugar filed by Debbie Pugar. (Beridon, Alyson) |
Filing 2 Rule 7.1 Disclosure for Alvin Donaldson filed by Alvin Donaldson. (Beridon, Alyson) |
Filing 1 Class Action Complaint with jury demand against Norfolk Southern Corporation, Norfolk Southern Railway Company. Filing fee paid $ 402, Receipt number BOHNDC-11869923. Plaintiff has indicated that case may be related to pending civil action 4:23-cv-00242; 4:23-cv-00250; 4:23-cv-00268; 4:23-cv-00257; 4:23-cv-00292; 4:23-cv-00298; 4:23-cv-00308; 4:23-cv-00303; 4:23-cv-00315; and 4:23-cv-00324; 4:23-cv-00363. Filed by Brenda Smith, Alvin Donaldson, John Pugar, Debbie Pugar. (Attachments: #1 Civil Cover Sheet, #2 Summons to Norfolk Southern Corporation, #3 Summons to Norfolk Southern Railway Company) (Beridon, Alyson) |
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