Ceramfab, Inc. et al. v. Norfolk Southern Corporation et al.
Plaintiff: Ceramfab, Inc., Ceramsource, Inc, Yonggong, LLC, WYG Refractories, LLC and CeramSource, Inc.
Defendant: Norfolk Southern Corporation and Norfolk Southern Railway Company
Case Number: 4:2023cv02206
Filed: November 14, 2023
Court: US District Court for the Northern District of Ohio
Presiding Judge: Benita Y Pearson
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Torts to Land
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 20, 2023 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).
November 16, 2023 Opinion or Order 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)
November 16, 2023 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)
November 16, 2023 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)
November 16, 2023 Filing 10 Attorney Appearance by J. Lawson Johnston filed by on behalf of Norfolk Southern Corporation, Norfolk Southern Railway Company. (Johnston, J.)
November 16, 2023 Filing 9 Attorney Appearance by Scott D. Clements filed by on behalf of Norfolk Southern Corporation, Norfolk Southern Railway Company. (Clements, Scott)
November 15, 2023 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)
November 15, 2023 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)
November 15, 2023 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)
November 14, 2023 Filing 6 Corporate Disclosure Statement filed by WYG Refractories, LLC. (Conlin, Jon)
November 14, 2023 Filing 5 Corporate Disclosure Statement filed by Yonggong, LLC. (Conlin, Jon)
November 14, 2023 Filing 4 Corporate Disclosure Statement filed by CeramSource, Inc. (Conlin, Jon)
November 14, 2023 Filing 3 Corporate Disclosure Statement filed by CeramFab, Inc. (Conlin, Jon)
November 14, 2023 Filing 2 Magistrate Consent Form issued. No summons provided or issued. (G,M)
November 14, 2023 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)
November 14, 2023 Judge Benita Y. Pearson assigned to case. (G,M)
November 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 Carmen E. Henderson. (G,M)
November 14, 2023 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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Plaintiff: Ceramfab, Inc.
Represented By: Frank J. Tapley
Represented By: Hunter M. Phares
Represented By: R. Andrew Jones
Represented By: Jon C. Conlin
Represented By: Robert A. Jones
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Plaintiff: Ceramsource, Inc
Represented By: Frank J. Tapley
Represented By: Hunter M. Phares
Represented By: R. Andrew Jones
Represented By: Jon C. Conlin
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Plaintiff: Yonggong, LLC
Represented By: Frank J. Tapley
Represented By: Hunter M. Phares
Represented By: Jon C. Conlin
Represented By: R. Andrew Jones
Represented By: Robert A. Jones
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Plaintiff: WYG Refractories, LLC
Represented By: Hunter M. Phares
Represented By: R. Andrew Jones
Represented By: Jon C. Conlin
Represented By: Frank J. Tapley
Represented By: Robert A. Jones
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Plaintiff: CeramSource, Inc.
Represented By: Frank J. Tapley
Represented By: Hunter M. Phares
Represented By: Robert A. Jones
Represented By: Jon C. Conlin
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Defendant: Norfolk Southern Corporation
Represented By: J. Lawson Johnston
Represented By: Scott D. Clements
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Defendant: Norfolk Southern Railway Company
Represented By: J. Lawson Johnston
Represented By: Scott D. Clements
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