State of Ohio v. Norfolk Southern Corporation et al.
Plaintiff: State of Ohio and United States of America
Defendant: Norfolk Southern Corporation and Norfolk Southern Railway Company
Case Number: 4:2023cv00517
Filed: March 14, 2023
Court: US District Court for the Northern District of Ohio
Presiding Judge: John R Adams
Nature of Suit: Environmental Matters
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2023 Filing 26 Attorney Appearance by Nora M. Baty filed by on behalf of State of Ohio. (Baty, Nora)
June 5, 2023 Filing 25 Joint Motion for protective order and order and stipulation regarding discovery procedure filed by Plaintiff United States of America. Related document(s) #23 . (Attachments: #1 Exhibit Proposed Stipulated Protective Order, #2 Exhibit Proposed Stipulation Regarding Discover Procedure)(Indrisano, Matthew)
May 23, 2023 Filing 24 Non-Appeal Transcript Order Form for proceedings held on 5/8/23 before Judge John R. Adams. Court Reporter: Caroline Mahnke. filed by State of Ohio. (Walker, Katherine) Modified on 5/23/2023 to add the judicial officer and the hearing date (B,LA).
May 22, 2023 Filing 23 Joint Notice Regarding Submission of Proposed Orders filed by United States of America. (Grady, Lauren)
May 19, 2023 Filing 22 Amended complaint against Norfolk Southern Corporation, Norfolk Southern Railway Company. Filed by United States of America. (Attachments: #1 Exhibit A: Map of Site Features, #2 Exhibit B: Map of Site Features Downstream Flow) (Grady, Lauren)
May 9, 2023 Filing 21 Expedited Non-Appeal Transcript Order Form for proceedings held on 5/8/23 before Judge Adams, Court Reporter: Caroline Mahnke. Requested completion date: 5/16/23 filed by United States of America. (Grady, Lauren)
May 9, 2023 Filing 20 Transcript of Case Management Conference held on May 8, 2023 before Judge John R. Adams. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke at 330-252-6021. [25 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 5/16/2023. Redaction Request due 5/30/2023. Redacted Transcript Deadline set for 6/9/2023. Release of Transcript Restriction set for 8/7/2023. Related document(s) #19 . (M,Ca)
May 9, 2023 Filing 19 Expedited Non-Appeal Transcript Order Form for proceedings held on May 8, 2023 before Judge John Adams, Court Reporter: Caroline Mahnke. Requested completion date: May 9, 2023 filed by All Defendants. (McMahon, Louis)
May 8, 2023 Minutes of proceedings [non-document] before Judge John R. Adams. In-Person Case Management Conference held on 5/8/23. Case has not been assigned to a track at this time. A continued In-Person case management conference is scheduled for 7/26/2023 at 01:30 PM at Courtroom 575 before Judge John R. Adams. (Court Reporter: Caroline Mahnke.)Time: 25 Mins. (K,C)
May 8, 2023 Opinion or Order Order [non-document] granting Defendants'Motions for appearance pro hac vice by attorney Claire Guehenno, attorney Edward O'Callaghan,attorney Davina Pujari, and attorney Christopher A Rheinheimer for Norfolk Southern Corporation and Norfolk Southern Railway Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #14 ); (Related Doc #15 ); (Related Doc #16 ); (Related Doc #17 ). Judge John R. Adams on 5/8/23.(K,C)
May 5, 2023 Filing 18 Joint Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Defendants. (McMahon, Louis)
May 5, 2023 Filing 17 Motion for attorney Christopher A. Rheinheimer to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11981079, filed by Norfolk Southern Corporation, Norfolk Southern Railway Company. (Attachments: #1 Exhibit A- Certificate of Good Standing, #2 Exhibit B- Declaration in Support of Motion, #3 Proposed Order)(McMahon, Louis)
May 5, 2023 Filing 16 Motion for attorney Davina Pujari to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11981065, filed by Norfolk Southern Corporation, Norfolk Southern Railway Company. (Attachments: #1 Exhibit A- Certificate of Good Standing, #2 FL-103 Letter B- Declaration in Support of Motion, #3 Proposed Order)(McMahon, Louis)
May 5, 2023 Filing 15 Motion for attorney Edward O'Callaghan to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11981058, filed by Norfolk Southern Corporation, Norfolk Southern Railway Company. (Attachments: #1 Exhibit A- Certificate of Good Standing, #2 Exhibit B- Declaration in Support of Motion, #3 Proposed Order)(McMahon, Louis)
May 5, 2023 Filing 14 Motion for attorney Claire M. Guehenno to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11981031, filed by Norfolk Southern Corporation, Norfolk Southern Railway Company. (Attachments: #1 Exhibit A- Certificate of Good Standing, #2 Exhibit B- Declaration in Support of Motion, #3 Proposed Order)(McMahon, Louis)
May 3, 2023 Opinion or Order Filing 13 Order of consolidation with case #4:23CV675 with 4:23CV517 (this case) serving as the Lead Case. Counsel shall file all pleadings and documents pertaining to any of these consolidated matters ONLY under case number 4:23CV517 and NOT in the other individually filed matter, 4:23CV675. Any filing occurring in 4:23CV675 shall be stricken by the Court. 4:23CV675 is administratively closed. Further, the clerk shall add the plaintiffs and their counsel from 4:23CV675 to the docket in 4:23CV517 to facilitate future filings. Defendants' Unopposed Motion to reassign case to Judge Pearson is denied. (Doc. #6 ). Judge John R. Adams on 5/3/23. (K,C)
April 27, 2023 Filing 12 Transcript of status conference held on 4/25/23 before Judge John R. Adams. To obtain a bound copy of this transcript please contact court reporter Lori Callahan at 330-252-6022. [16 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 5/4/2023. Redaction Request due 5/18/2023. Redacted Transcript Deadline set for 5/28/2023. Release of Transcript Restriction set for 7/26/2023. Related document(s) #10 . (C,L)
April 27, 2023 Filing 11 Case Management Conference Scheduling Order with case management conference to be held on 5/8/2023 at 02:00 PM in Courtroom 575 before Judge John R. Adams. Judge John R. Adams on 4/27/2023. (Attachments: #1 Report of Parties' Planning Meeting, #2 Local Rule 30.1, #3 Budget, #4 ECF Policies and Procedures)(L,J)
April 26, 2023 Filing 10 Expedited Non-Appeal Transcript Order Form for proceedings held on April 25, 2023 before Judge John Adams, re Status Conference. Court Reporter: Lori Callahan. Requested completion date: April 27, 2023 filed by All Defendants. (McMahon, Louis)
April 25, 2023 Minutes of proceedings [non-document] before Judge John R. Adams. Telephonic Status Conference held on 4/25/23. (accompanied case #4:23CV675) (Court Reporter: Lori Callahan.)Time: 20 Mins. (K,C)
April 20, 2023 Opinion or Order Filing 9 Order setting a telephone status conference jointly with case 4:23CV675 on 4/25/23 at 2:30 p.m. with counsel only. The Court will distribute a call-in number to utilize. Counsel should be prepared to discuss possible consolidation of these matters, the motion to reassign the matters, and future dates to move the matter forward expeditiously. Judge John R. Adams on 4/20/23. (K,C)
April 7, 2023 Filing 8 Corporate Disclosure Statement identifying Corporate Parent Norfolk Southern Corporation, Other Affiliate Norfolk Southern Properties, Inc., General American Insurance Company, NS Fiber Optics, Inc., Thoroughbred Technology & Telecommunications LLC filed by Norfolk Southern Railway Company. (McMahon, Louis) Modified corporate parent on 4/10/2023 (B,DL).
April 7, 2023 Filing 7 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. (McMahon, Louis)
April 7, 2023 Filing 6 Unopposed Motion to reassign case to Judge Pearson filed by Norfolk Southern Corporation, Norfolk Southern Railway Company. (Attachments: #1 Memorandum in Support #2 Proposed Order)(McMahon, Louis)
April 7, 2023 Filing 5 Attorney Appearance by Louis L. McMahon, Gregory J. Degulis and Lee A. Stone filed by on behalf of All Defendants. (McMahon, Louis) Modified text on 4/10/2023 (B,DL).
March 15, 2023 Filing 4 Waiver of Service Returned Executed by State of Ohio. Norfolk Southern Railway Company waiver sent on 3/14/2023, answer due 5/13/2023 filed on behalf of State of Ohio (Kunkel, Karrie)
March 15, 2023 Filing 3 Waiver of Service Returned Executed by State of Ohio. Norfolk Southern Corporation waiver sent on 3/14/2023, answer due 5/13/2023 filed on behalf of State of Ohio (Kunkel, Karrie)
March 14, 2023 Filing 2 Magistrate Consent Form issued. No summons provided, no summons issued. (D,Ju)
March 14, 2023 Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11892110. Filed by State of Ohio . (Attachments: #1 Civil Cover Sheet) (Kunkel, Karrie) Modified on 3/14/2023 (D,Ju).
March 14, 2023 Judge John R. Adams assigned to case. (D,Ju)
March 14, 2023 Random Assignment 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. (D,Ju)

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Plaintiff: State of Ohio
Represented By: Amber D. Wootton Hertlein
Represented By: Katherine Anne Walker
Represented By: Karrie Pratt Kunkel
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Plaintiff: United States of America
Represented By: Brendan F. Barker
Represented By: Elizabeth Anne Deucher
Represented By: Lauren D. Grady
Represented By: Matthew C. Indrisano
Represented By: Traci N. Cunningham
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Defendant: Norfolk Southern Corporation
Represented By: Lee A. Slone
Represented By: Christopher A Rheinheimer
Represented By: Claire Guehenno
Represented By: Davina Pujari
Represented By: Edward O'Callaghan
Represented By: Gregory J. DeGulis
Represented By: Louis L. McMahon
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Defendant: Norfolk Southern Railway Company
Represented By: Christopher A Rheinheimer
Represented By: Claire Guehenno
Represented By: Davina Pujari
Represented By: Edward O'Callaghan
Represented By: Gregory J. DeGulis
Represented By: Lee A. Slone
Represented By: Louis L. McMahon
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