Mann et al v. Norfolk Southern Corp. et al
| Laura Mann and Shannon Mann |
| Norfolk Southern Corp. and Norfolk Southern Railway Co. |
| 4:2023cv00672 |
| March 30, 2023 |
| US District Court for the Northern District of Ohio |
| John R Adams |
| Benita Y Pearson |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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Filing 16
Order granting #14 Motion for Appearance Pro Hac Vice by Attorney Paige Boldt for Plaintiffs. 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. Judge Benita Y. Pearson on 4/11/2023. (JLG)
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| Filing 15 Supplement to Motion for attorney Paige Boldt to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11940422, - Certificates of good standing, filed by Laura Mann, Shannon Mann. Related document(s) #14 . (Bevan, Thomas) |
| Filing 14 Motion for attorney Paige Boldt to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11940422, filed by Laura Mann, Shannon Mann. (Bevan, Thomas) |
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Filing 13
Order For the reasons set forth herein, the Court grants Plaintiffs' Motion (ECF No. 25 in Case No. 4:23CV0242; and appoints Interim Class Counsel as proposed by the Feezle Leadership Group and adopts the Feezle Leadership Group's proposed leadership structure with slight modification. The Court notes that both the Feezle Leadership Group and Team Ohio have demonstrated the qualifications, experience, and commitment to adequately represent the putative class. While both sets of counsel raise compelling arguments, the Court finds that the Feezle Leadership Group will best serve the interests of the putative class. Because the Court finds the Feezle Leadership Group clearly satisfies the requirements of Rule 23(g), it approves their proposed organizational structure consisting of Interim Class Counsel, Co-Lead Counsel, an Executive Committee (which includes Plaintiffs' Liaison Counsel), Plaintiffs' Steering Committee (which includes Plaintiffs' Co-Liaison Counsel), Community Liaison Counsel, and several Subcommittees such as Discovery, Law and Briefing, Science, and Experts, and appoints the attorneys and responsibilities set forth herein. The Court has also considered the parties' Joint Status Report (ECF No. 26 in Case No. 4:23CV0242). Case Nos. in 4:23-cv-00242, 4:23-cv-00250, 4:23-cv-00257, 4:23-cv-00268, 4:23-cv-00292, 4:23-cv-00298, 4:23-cv-00303, 4:23-cv-00308, 4:23-cv-00315, 4:23-cv-00324, 4:23-cv-00344, 4:23-cv-00345, 4:23-cv-00350, 4:23-cv-00363, 4:23-cv-00380, 4:23-cv-00415, 4:23-cv-00429, 4:23-cv-00440, 4:23-cv-00479, 4:23-cv-00495, 4:23-cv-00509, 4:23-cv-00510, 4:23-cv-00529, 4:23-cv-00586, 4:23-cv-00600, 4:23-cv-00601, 4:23-cv-00602, 4:23-cv-00603, 4:23-cv-00604, 4:23-cv-00634, and 4:23-cv-00672 are hereby consolidated pursuant to Fed. R. Civ. P. 42. On or before 5/4/2023, Co-Lead Counsel shall serve and file a Master Consolidated Class Action Complaint in Case No. 4:23-cv-00242 (i.e. the first-filed case) joining the claims from the consolidated cases (including cases filed by individual plaintiffs that are not putative class actions) that reflects their joint representation of Plaintiffs. Therefore, Defendants need not respond to the Complaint (ECF No. #1 ) in Case No. 4:23-cv-00242. The record, including the docket sheet for Case No. 4:23-cv-00242 shall be changed to reflect that "In re: East Palestine Train Derailment" is the name of this litigation, in lieu of "Feezle et al v. Norfolk Southern Railway Co. et al. " Further proceedings in the following cases are stayed: Case Nos. 4:23-cv-00250, 4:23-cv-00257, 4:23-cv-00268, 4:23-cv-00292, 4:23-cv-00298, 4:23-cv-00303, 4:23-cv-00308, 4:23-cv-00315, 4:23-cv-00324, 4:23-cv-00344, 4:23-cv-00345, 4:23-cv-00350, 4:23-cv-00363, 4:23-cv-00380, 4:23-cv-00415, 4:23-cv-00429, 4:23-cv-00440, 4:23-cv-00479, 4:23-cv-00495, 4:23-cv-00509, 4:23-cv-00510, 4:23-cv-00529, 4:23-cv-00586, 4:23-cv-00600, 4:23-cv-00601, 4:23-cv-00602, 4:23-cv-00603, 4:23-cv-00604, 4:23-cv-00634, and 4:23-cv-00672. Defendants shall have until 30 days after service of the Master Consolidated Class Action Complaint to answer, plead or otherwise move in response to the affirmative pleading. If Defendants serve and file a motion in response to the Master Consolidated Class Action Complaint, Plaintiffs must serve and file a memorandum in opposition within 30 days after service of the motion. Defendants may serve and file a reply memorandum in support of any motion filed in response to the Master Consolidated Class Action Complaint within 14 days after service of the memorandum in opposition. The Fed. R. Civ. P. 26(f) conference shall be completed on or before 5/18/2023. See Order for additional information and requirements. Judge Benita Y. Pearson on 4/5/2023. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2) (JLG)
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Filing 12
Order granting #6 , #7 Motions for Appearance Pro Hac Vice by Attorneys Mikal C. Watts and Jay Henderson for Plaintiffs. 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. Judge Benita Y. Pearson on 4/5/2023. (JLG)
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| Filing 11 Corporate Disclosure Statement identifying Corporate Parent Norfolk Southern Corporation, Other Affiliate American General Insurance Company, Other Affiliate Norfolk Southern Properties, inc., Other Affiliate NS Fiber Optics, Inc., Other Affiliate Thoroughbred Technology & Telecommunications, LLC for Norfolk Southern Railway Co. filed by Norfolk Southern Railway Co.. (Clements, Scott) |
| Filing 10 Corporate Disclosure Statement identifying Other Affiliate American General Insurance Company, Other Affiliate Norfolk Southern Properties, inc., Other Affiliate NS Fiber Optics, Inc., Other Affiliate Thoroughbred Technology & Telecommunications, LLC, Other Affiliate Norfolk Southern Railway Company for Norfolk Southern Corp. filed by Norfolk Southern Corp.. (Clements, Scott) |
| Filing 9 Notice of Appearance by J. Lawson Johnston filed by on behalf of Norfolk Southern Corp., Norfolk Southern Railway Co. (Johnston, J.) |
| Filing 8 Notice of Appearance by Scott D. Clements filed by on behalf of Norfolk Southern Corp., Norfolk Southern Railway Co. (Clements, Scott) |
| Filing 7 Motion for attorney Jay Henderson to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11927566, filed by Laura Mann, Shannon Mann. (Attachments: #1 Exhibit Certificate of good standing with the Supreme Court of the State of Texas.)(Bevan, Thomas) |
| Filing 6 Motion for attorney Mikal C. Watts to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11927517, filed by Laura Mann, Shannon Mann. (Attachments: #1 Exhibit Certificate of good standing with the State Bar of Texas, #2 Exhibit Certificate of good standing with the Supreme Court of the State of Texas.)(Bevan, Thomas) |
| Filing 5 Waiver of Service Returned Executed by Norfolk Southern Railway Co. Waiver sent on 4/3/2023, answer due 6/2/2023 filed on behalf of All Plaintiffs (Bevan, Thomas) |
| Filing 4 Waiver of Service Returned Executed by Norfolk Southern Corp. Waiver sent on 4/3/2023, answer due 6/2/2023 filed on behalf of All Plaintiffs (Bevan, Thomas) |
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Filing 3
Order Transferring the case to Judge Benita Y. Pearson as related to case 4:23CV242. Judge John R. Adams on 3/31/23. (S,T)
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| Notice to Attorney Paige Boldt. 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) |
| Notice to Attorney Jay Henderson. 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) |
| Notice to Attorney Mikal C. Watts. 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) |
| Judge Benita Y. Pearson assigned to case. Judge John R. Adams terminated. (B,DL) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Norfolk Southern Corp., and Norfolk Southern Railway Co.. (Attachments: #1 Magistrate Consent Form) (G,M) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11922374. Plaintiff has indicated that case may be related to pending civil action 4:23-cv-00242-BYP. Filed by Shannon Mann, Laura Mann. (Attachments: #1 Civil Cover Sheet, #2 Norfolk Southern Corp. Summons, #3 Norfolk Southern Railway Co. Summons) (Bevan, Thomas) |
| Judge John R. Adams 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 Carmen E. Henderson. (G,M) |
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