Ceramfab, Inc. et al. v. Norfolk Southern Corporation et al.
| Ceramfab, Inc., Ceramsource, Inc, Yonggong, LLC, WYG Refractories, LLC and CeramSource, Inc. |
| Norfolk Southern Corporation and Norfolk Southern Railway Company |
| 4:2023cv02206 |
| November 14, 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 |
| Plaintiff |
Docket Report
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| Filing 14 FILING ERROR Supplement to Complaint, - Civil Cover Sheet, filed by All Plaintiffs. Related document(s) #1 . (Conlin, Jon) Modified to denote as filing error on 11/21/2023 (JLG). |
Filing 13
Order On 4/5/2023, the Court, pursuant to Fed. R. Civ. P. 42, consolidated 31 cases that had been filed regarding the 2/3/2023 Norfolk Southern train derailment in East Palestine, Ohio. See Order (ECF No. 28 in No. 4:23CV0242). The Court also appointed Seth A. Katz, M. Elizabeth Graham, Jayne Conroy, and T. Michael Morgan as Co-Lead Counsel. The Order sets forth the responsibilities that Co-Lead Counsel, in consultation with the Members of the Executive Committee, shall have "on behalf of all Plaintiffs in this action and any additional related actions that are consolidated with this action (collectively, 'the Action')." ECF No. 28 in No. 4:23CV0242 at PageID #: 565. On 11/14/2023, Plaintiffs CeramFab, Inc., CeramSource, Inc., Yonggong, LLC, and WYG Refractories, LLC filed Case No. 4:23CV2206. The same counsel that filed Case No. 4:23CV0509 have also filed Case No. 4:23CV2206, which is also an individual non-class case. The Civil Cover Sheet (ECF No. #1 -1) improperly failed to indicate it as a refiled case, the original having been dismissed without prejudice. See CeramFab, Inc., et al. v. Norfolk Southern Corporation, et al., Case No. 4:23CV0509 (N.D. Ohio 4/28/2023). Case No. 4:23CV2206, a related action, is hereby consolidated into Case No. 4:23CV0242 for pretrial purposes pursuant to Rule 42. The Court previously announced its intention to administratively close all but Case No. 4:23CV0242 upon the filing of a Master Consolidated Class Action Complaint regarding the 2/3/2023 Norfolk Southern train derailment in East Palestine, Ohio. See Order (ECF No. 28 in 4:23CV0242) at PageID #: 570 n. 7. The Master Consolidated Class Action Complaint (ECF No. 31 in 4:23CV0242) was filed on 5/4/2023. Accordingly, Case No. 4:23CV2206 is hereby closed. All pleadings and other papers for the above-entitled actions shall only be filed in and docket entries shall only be made in Case No. 4:23CV0242. Judge Benita Y. Pearson on 11/16/2023. (JLG)
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| Filing 12 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 11 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 10 Attorney Appearance by J. Lawson Johnston filed by on behalf of Norfolk Southern Corporation, Norfolk Southern Railway Company. (Johnston, J.) |
| Filing 9 Attorney Appearance by Scott D. Clements filed by on behalf of Norfolk Southern Corporation, Norfolk Southern Railway Company. (Clements, Scott) |
| Filing 8 Waiver of Service Returned Executed by All Plaintiffs. Norfolk Southern Corporation waiver sent on 11/15/2023, answer due 1/14/2024 filed on behalf of All Plaintiffs (Conlin, Jon) |
| Filing 7 Waiver of Service Returned Executed by All Plaintiffs. Norfolk Southern Railway Company waiver sent on 11/15/2023, answer due 1/14/2024 filed on behalf of All Plaintiffs (Conlin, Jon) |
| Notice to Attorney R. Andrew Jones. 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 6 Corporate Disclosure Statement filed by WYG Refractories, LLC. (Conlin, Jon) |
| Filing 5 Corporate Disclosure Statement filed by Yonggong, LLC. (Conlin, Jon) |
| Filing 4 Corporate Disclosure Statement filed by CeramSource, Inc. (Conlin, Jon) |
| Filing 3 Corporate Disclosure Statement filed by CeramFab, Inc. (Conlin, Jon) |
| Filing 2 Magistrate Consent Form issued. No summons provided or issued. (G,M) |
| Filing 1 Complaint with jury demand against Norfolk Southern Corporation, Norfolk Southern Railway Company. Filing fee paid $ 402, Receipt number AOHNDC-12272987. Filed by WYG Refractories, LLC, Ceramfab, Inc., Yonggong, LLC, Ceramsource, INC. (Attachments: #1 Civil Cover Sheet) (Conlin, Jon) |
| Judge Benita Y. Pearson 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) |
| Notice by Clerk that Ceramfab, Inc., and Ceramsource, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (G,M) |
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