Nerswick vs CSX Transportation Inc. et al
Plaintiff: Thomas A Nerswick
Defendant: Chris Minges, CSX Transportation Inc and Jim Dugger
Case Number: 1:2007cv00461
Filed: June 12, 2007
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: HAMILTON
Presiding Judge: Herman J Weber
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 15, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2011 Filing 71 Costs Taxed in amount of $ $3,061.62 against Plaintiff Thomas A. Nerswick. (sct1)
October 26, 2011 Filing 70 REPLY to Response to Motion re 64 MOTION for Order to Tax Costs Against Plaintiff filed by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (McIntyre, M)
October 26, 2011 Filing 69 BILL OF COSTS by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (lk)
October 26, 2011 Opinion or Order Filing 68 ORDER re 64 MOTION for Order to Tax Costs Against Plaintiff filed by Jim Dugger, Chris Minges, CSX Transportation Inc. This matter is hereby referred to the Clerk of Courts for consideration as a Bill of Costs and the record shall be amended to reflect Defendants' Motion to Tax Costs (#64) as a Bill of Costs. Signed by Judge Herman J. Weber on 10/26/11. (lk)
October 26, 2011 Notice of Correction re [FORMER DOC. 64] MOTION for Order to Tax Costs Against Plaintiff: Per #68 Order, the document was removed and refiled as a Bill of Cost #69 . (lk)
October 18, 2011 Filing 67 AFFIDAVIT of Thomas Newkirk re #66 Response in Opposition to 64 MOTION for Order to Tax Costs Against Plaintiff filed by Plaintiff Thomas A Nerswick. (Helbling, John) Modified to clarify docket text on 10/19/2011 (jlw).
October 18, 2011 Filing 66 RESPONSE in Opposition re 64 MOTION for Order to Tax Costs Against Plaintiff filed by Plaintiff Thomas A Nerswick. (Attachments: #1 Exhibit 2010 Personal Tax Return of Plaintiff) (Helbling, John)
October 12, 2011 Filing 65 MANDATE of USCA as to #60 Notice of Appeal filed by Thomas A Nerswick. (lk)
September 28, 2011 Filing 64 [FORMER DOC. 64] MOTION for Order to Tax Costs Against Plaintiff by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (Attachments: # 1 Exhibit A - Bill of Costs, # 2 Exhibit B - Declaration of Counsel) (McIntyre, M) Modified to remove PDF on 10/26/2011 (lk).
September 15, 2011 Filing 63 USCA INFORMATION COPY re #60 Notice of Appeal : The district court's judgment is affirmed. (sct1)
March 26, 2010 USCA Case Number 10-3328 for #60 Notice of Appeal filed by Thomas A Nerswick. Case Manager: Laura A. Jones. (sct1)
March 24, 2010 Filing 62 NOTICE by Clerk re #61 Bill of Costs: The Bill of Costs will be held in abeyance until the Mandate is returned on appeal in this case and the Bill of Costs is re-filed. (sct1)
March 18, 2010 Filing 61 MOTION for Order to TAX COSTS AGAINST PLAINTIFF by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (Attachments: #1 Exhibit A, #2 Exhibit B) (McIntyre, M)
March 16, 2010 Filing 60 NOTICE OF APPEAL as to #58 Order on Motion for Summary Judgment by Plaintiff Thomas A Nerswick. Filing fee $ 455. (Attachments: #1 Filing Fee Receipt) (sct1)
March 16, 2010 USCA Appeal Fees received: $ 455, receipt number 100CIN007924 re #60 Notice of Appeal filed by Thomas A Nerswick (sct1)
February 19, 2010 Filing 59 CLERK'S JUDGMENT entered on 2/19/10. (do1)
February 19, 2010 Opinion or Order Filing 58 ORDER granting #24 Motion for Summary Judgment. Case is Dismissed and Terminated on the docket of this Court. Signed by Judge Herman J. Weber on 2/19/10. (do1)
February 18, 2010 Filing 57 Joint MOTION for Extension of Time to File New date requested 3/12/2010. by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (Attachments: #1 Text of Proposed Order) (McIntyre, M)
January 27, 2010 Filing 56 REPLY to Response to Motion re #54 MOTION Referral to Mediation filed by Plaintiff Thomas A Nerswick. (Helbling, John)
January 27, 2010 Filing 55 RESPONSE to Motion re #54 MOTION Referral to Mediation filed by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (Lewis, John)
January 27, 2010 Remark: JFPTO deadline reset to 2/19/10. (do)
January 25, 2010 Filing 54 MOTION Referral to Mediation by Plaintiff Thomas A Nerswick. (Helbling, John)
November 24, 2009 Opinion or Order Filing 53 ORDER granting #52 Motion for Extension of Time. JFPTO deadline extended to 2/12/2010 with trial in the 3/2010 trial term. Signed by Judge Herman J. Weber on 11/24/09. (do)
November 23, 2009 Filing 52 Joint MOTION for Extension of Time to File New date requested 2/12/2010. by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges, Plaintiff Thomas A Nerswick. (Attachments: #1 Text of Proposed Order) (McIntyre, M)
October 23, 2009 Filing 51 REPLY to Response re #24 MOTION for Summary Judgment filed by Defendants Chris Minges, Jim Dugger, CSX Transportation Inc. (Lewis, John) Modified to clarify docket text on 10/26/2009 (mtw1).
October 15, 2009 Filing 50 Response in Opposition to #48 Defendants' Supplemental Brief In Support of Motion For Summary Judgment filed by Plaintiff Thomas A Nerswick. (Attachments: #1 Exhibit A -Transcript excerpt, #2 Exhibit B - Case, #3 Exhibit C - Case, #4 Exhibit D - Case) (Helbling, John) Modified to clarify docket text on 10/16/2009 (mtw1).
September 8, 2009 Filing 49 NOTICE of Filing re #48 Brief and corresponding Notice of Corrective Docket Entry: Redacted Exhibit 2 - Justice Center Records by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (Lewis, John) Modified to clarify docket text on 9/9/2009 (mtw1, ).
September 8, 2009 Filing 48 BRIEF re #24 MOTION for Summary Judgment, #46 Order,, by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (Attachments: #1 Exhibit 1 Oral Argument Excerpt, # 2 Exhibit 2 Justice Center Records, #3 Exhibit 3 Unreported Cases) (Lewis, John)
September 8, 2009 Notice of Correction re: #48 Brief, Exhibit 2 filed in error. Clerk removed Exhibit 2. Attorney will re-file Exhibit 2 as a separate document. (sb1, ) Modified to clarify docket text on 9/9/2009 (mtw1, ).
August 13, 2009 Filing 47 Transcript of Motion Hearing (Excerpt of Defendants' Rebuttal) Proceedings held on 8/5/09, before Judge Herman J. Weber. Court Reporter/Transcriber Luke Lavin (Official), Telephone number 564-7675. 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. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 9/3/2009. Redacted Transcript Deadline set for 9/14/2009. Release of Transcript Restriction set for 11/12/2009. (do1, )
August 6, 2009 Opinion or Order Filing 46 ORDER : Pursuant to the record established at the Hearing held on August 5, 2009, the following schedule is hereby established:Defendant shall file their Brief on or before September 5, 2009. Plaintiff shall file his Response on or before October 15, 2009. Defendant shall file their Reply on or before October 25, 2009. Parties are advised that trial in the above styled case is RESCHEDULED to the January 2010 trial term. Counsel shall file their Joint Final Pretrial Order on or before December 5, 2009. Signed by Judge Herman J. Weber on 8/6/09. (do, )
August 5, 2009 Filing 45 Minute Entry for proceedings held before Judge Herman J. Weber: Motion Hearing held on 8/5/2009 re #24 MOTION for Summary Judgment. Briefing schedule established. Order to issue. (Court Reporter L. Lavin (Official).) (do, )
July 3, 2009 Filing 44 NOTICE by Plaintiff Thomas A Nerswick (Attachments: #1 Exhibit Highlighted Findings of Fact) (Helbling, John)
June 12, 2009 Filing 43 Proposed Findings of Fact by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (Lewis, John)
May 27, 2009 Opinion or Order Filing 42 ORDER granting #41 Motion for Extension of Time. JFPTO extended to 9/4/09. Trial reset to the October 2009 trial term. Summary Judgment (#24) scheduled for hearing on 8/5/09 at 10AM. Counsel to file Proposed Findings/Highlighted as set out in Order. Signed by Judge Herman J. Weber on 5/27/09. (do1, )
May 20, 2009 Filing 41 Joint MOTION for Extension of Time New date requested 7/31/2009. by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (Attachments: #1 Text of Proposed Order) (McIntyre, M)
May 4, 2009 Opinion or Order Filing 40 ORDER granting #39 Motion for Extension of Time to File JFPTO. Deadline extended to 5/22/09. Signed by Judge Herman J. Weber on 5/4/09. (do, )
April 28, 2009 Filing 39 Joint MOTION for Extension of Time to File New date requested 9/30/2009. by Plaintiff Thomas A Nerswick, Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (Attachments: #1 Text of Proposed Order) (McIntyre, M) Modified to clarify docket text on 4/29/2009 (mtw1, ).
November 25, 2008 Opinion or Order Filing 38 ORDER : Parties are advised that Trial in the above styled case is RESCHEDULED to the June 2009 trial term. Counsel shall file their Joint Final Pretrial Order on or before May 5, 2009. Signed by Judge Herman J. Weber on 11/25/08. (do, )
November 19, 2008 Opinion or Order Filing 37 ORDER granting #36 Motion for Extension of Time. Joint Final Pretrial Order deadline extended to 12/29/08. Signed by Judge Herman J. Weber on 11/19/08. (do, )
November 18, 2008 Filing 36 Joint MOTION to Extend Deadline for Filing Joint Final Pre-Trial Order by Plaintiff Thomas A Nerswick, Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (Attachments: #1 Text of Proposed Order) (McIntyre, M)
October 21, 2008 Filing 35 REPLY to Response to Motion re #24 MOTION for Summary Judgment filed by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (Attachments: #1 Exhibit Defendant CSX Transportation, Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26) (Lewis, John)
October 7, 2008 Opinion or Order Filing 34 NOTATION ORDER granting #33 Unopposed Motion for Extension of Time. Defendants shall file their Reply Memorandum in Support of their Motion for Summary Judgment on or before 10/21/08. Signed by Judge Herman J. Weber on 10/7/08. (do, )
October 6, 2008 Filing 33 Unopposed MOTION for Extension of Time New date requested 10/21/2008. by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (McIntyre, M)
September 30, 2008 RE: DN #30 Notice of Videotapes and Media of Depositions of James Dugger and Chris Minges taken on June 4, 2008 - 4 videotapes and 1 diskette received on this day to be housed in Clerk's office. (mr1, )
September 28, 2008 Filing 32 DEPOSITION of Chris Minges taken on June 4, 2008 by Plaintiff Thomas A Nerswick. (Attachments: #1 Affidavit Certification Page, #2 Exhibit Exhibit A: CSX Manual, #3 Exhibit Exhibit B: Ohio Const Prov, #4 Exhibit Exhibit C: US Const Amend, #5 Exhibit Exhibit D: Police Checklist, #6 Exhibit Exhibit E: CSX Police Data Page, #7 Exhibit Exhibit F: Godbey Statement, #8 Exhibit Exhibit G: Criminal Complaint, #9 Exhibit Exhibit H: Criminal Affidavit, #10 Exhibit Exhibit I: Holbrook Statement, #11 Exhibit Exhibit J: Criminal Warrant) (Helbling, John)
September 28, 2008 Filing 31 DEPOSITION of James Dugger taken on June 4, 2008 by Plaintiff Thomas A Nerswick. (Attachments: #1 Affidavit Certification Page, #2 Exhibit Exhibi5t A; CSX Police Manual, #3 Exhibit Exhibit B: Oh. Const. Sec. 14, #4 Exhibit Exhibit C. US Const Amend, #5 Exhibit Exhibit D. Police Checklist, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F. Godbey Statement, #8 Exhibit Exhibit G. Complaint, #9 Exhibit Exhibit H. Affidavit, #10 Exhibit Exhibit I. Holbrook Statement, #11 Exhibit Exhibit J. Warrant, #12 Exhibit Exhibit K. Ethics Manual) (Helbling, John)
September 27, 2008 Filing 30 NOTICE by Plaintiff Thomas A Nerswick of manual filing of Video Tape Depositions and ascii of James Dugger and Chris Minges (Helbling, John)
September 26, 2008 Filing 29 NOTICE by Plaintiff Thomas A Nerswick filing Deposition Transcript of Chris Minges (Helbling, John)
September 26, 2008 Filing 28 NOTICE by Plaintiff Thomas A Nerswick of Filing Deposition of James Dugger (Helbling, John)
September 26, 2008 Filing 27 RESPONSE in Opposition re #24 MOTION for Summary Judgment filed by Plaintiff Thomas A Nerswick. (Attachments: #1 Exhibit Declaration of James Nerswick, #2 Exhibit CSX Webpage on Organization, #3 Exhibit BusinessWeek Article on CSX, #4 Exhibit Statement of Richard Godbey, #5 Exhibit Letter Opinion: Lopez v. CSX, #6 Exhibit Document Nos. 001167-001173, #7 Exhibit Harrison v. Ash Co., et al.) (Helbling, John)
September 12, 2008 Opinion or Order Filing 26 ORDER granting #25 Motion for Extension of Time to File Response re #24 MOTION for Summary Judgment. Responses due by 9/26/2008. Signed by Judge Herman J. Weber on 9/12/08. (do, )
September 11, 2008 Filing 25 First MOTION for Extension of Time to File Response/Reply as to #24 MOTION for Summary Judgment New date requested 9/26/2008. by Plaintiff Thomas A Nerswick. (Helbling, John)
August 22, 2008 Filing 24 MOTION for Summary Judgment by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. Responses due by 9/15/2008 (Attachments: #1 Exhibit 1 - Declaration of James Dugger, #2 Exhibit 2 - Declaration of Chris Minges, #3 Exhibit 3 - Excerpts from Deposition of Thomas A. Nerswick, #4 Exhibit 4 - Excerpts from Deposition of Howard Ferguson, #5 Exhibit 5 - Unpublished opinions cited) (McIntyre, M)
August 22, 2008 Filing 23 DEPOSITION of Plaintiff, Thomas A. Nerswick taken on March 19, 2008 by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (Attachments: #1 Exhibit 1 - Thomas Nerswick stataement, #2 Exhibit 2 - Photographs of metal, #3 Exhibit 3 - Photographs of metal, #4 Exhibit 4 - Dave Holbrook statement, #5 Exhibit 5 - Garden Street receipt, #6 Exhibit 6 - Form titled "Your Rights", #7 Exhibit 7 - Warrant, #8 Exhibit 8 - Hamilton County Journal Entry, #9 Exhibit 9 - Arrest and Investigation Report, #10 Exhibit 10 - Frank Costa statement, #11 Exhibit 11 - James Nerswick statement, #12 Exhibit 12 - Photograph of BP Station and road, #13 Exhibit 13 - Photographs, #14 Exhibit 14 - 06/29/06 Letter from James Hartke, #15 Exhibit 16 - Plaintiff's answers to Interrogatories, Document Request and Admissions, #16 Exhibit 17 - Amended Complaint) (McIntyre, M)
August 22, 2008 Filing 22 NOTICE OF FILING DEPOSITION of Plaintiff, Thomas A. Nerswick by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (McIntyre, M)
August 22, 2008 Filing 21 DEPOSITION of Howard Ferguson taken on March 28, 2008 by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (Attachments: #1 Exhibit 1 - Transcript of telephone call, #2 Exhibit 2 - Audio recording of telephone call (photocopy of CD), #3 Exhibit 3 - Statement of Dave Holbrook, #4 Exhibit 4 - Garden Street receipt, #5 Exhibit 5 - Frank Costa statement, #6 Exhibit 6 - Thomas Nerswick statement) (McIntyre, M)
August 22, 2008 Filing 20 NOTICE OF FILING DEPOSITION of Howard Ferguson by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (McIntyre, M)
August 14, 2008 Opinion or Order Filing 19 ORDER granting #18 Motion for Extension of Time. Dispositive Motion deadline extended to 8/22/08. Signed by Judge Herman J. Weber on 8/14/08. (do, )
August 13, 2008 Filing 18 Unopposed MOTION for Extension of Time New date requested 8/22/2008. by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (McIntyre, M)
June 2, 2008 Opinion or Order Filing 17 STIPULATED PROTECTIVE ORDER. Signed by Judge Herman J. Weber on 6/2/08. (do, )
May 5, 2008 Filing 16 AGREED ENTRY: Motion deadline extended to 8/15/08; Discovery Cut-off 6/23/08; Trial reset to the 1/09 trial term with a JFPTO due by 11/25/08. Signed by Judge Herman J. Weber on 5/5/08. (do, )
May 3, 2008 Filing 15 STIPULATION For Extension of Time by Plaintiff Thomas A Nerswick. (Helbling, John)
April 8, 2008 Filing 14 STATUS REPORT by Plaintiff Thomas A Nerswick. (Helbling, John)
April 8, 2008 Filing 13 AMENDED STATUS REPORT re #12 Status Report by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (McIntyre, M) Modified docket text on 4/9/2008 (eh1, ).
April 8, 2008 Filing 12 STATUS REPORT by Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (McIntyre, M) Modified docket text on 4/9/2008 (eh1, ).
September 4, 2007 Filing 11 Corporate Disclosure Statement by CSX Transportation Inc. (Lewis, John)
September 4, 2007 Opinion or Order Filing 10 TRIAL PROCEDURAL ORDER. Signed by Judge Herman J. Weber on 9/4/07. (do, )
September 4, 2007 Opinion or Order Filing 9 SCHEDULING ORDER: Pursuant to the request of counsel, the Conference scheduled for 9/14/07 is Cancelled. The following schedule shall control the disposition of this case: Joinder of Parties and Amendment of Pleadings due by 2/7/2008.,Status Report due by 4/8/2008.,Plaintiff Expert due by 2/7/2008.,Defendant Expert due by 3/7/2008.,Discovery due by 4/1/2008.,Motions due by 5/9/2008.,Proposed Final Pretrial Order due by 8/25/2008.,Jury Trial set for 10/2008 trial term before Judge Herman J. Weber. Signed by Judge Herman J. Weber on 9/4/07. (do, ) Modified on 9/4/2007 (do, ).
September 4, 2007 Filing 8 RULE 26(f) REPORT by Plaintiff Thomas A Nerswick. (Helbling, John) Modified docket text on 9/5/2007 (eh1, ).
September 4, 2007 Notice of Correction re: former Doc 7 Proposed Pretrial Order and former Doc 6 Proposed Pretrial Order removed from docket because counsel filed under wrong event. Counsel advised to refile as Rule 26(f) Report. (mtw1)
September 2, 2007 Filing 7 Former Doc 7 Proposed Pretrial Order Joint Plan for Conduct of Litigation by Plaintiff Thomas A Nerswick. (Helbling, John) Modified on 9/4/2007 to remove pdf (mtw1, ).
September 2, 2007 Filing 6 Former Doc 6 Proposed Pretrial Order by Plaintiff Thomas A Nerswick. (Helbling, John) Modified on 9/4/2007 to remove pdf (mtw1, ).
August 17, 2007 Filing 5 ANSWER to Amended Complaint by Defendants Jim Dugger, Chris Minges. (Lewis, John)
August 17, 2007 Filing 4 ANSWER to Amended Complaint by Defendant CSX Transportation Inc. (Lewis, John)
June 21, 2007 Filing 3 AMENDED COMPLAINT against all defendants, filed by Plaintiff Thomas A Nerswick, Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (Helbling, John)
June 14, 2007 Opinion or Order Filing 2 ORDER : Preliminary Pretrial Conference scheduled for 9/14/07 at 10:30 a.m. Counsel to file a Joint Litigation Plan on or before 8/31/07. Signed by Judge Herman J. Weber on 6/14/07. (do, )
June 13, 2007 If case is referred, it will to Magistrate Judge Timothy S. Black. (sfe1, )
June 12, 2007 Filing 1 COMPLAINT & Jury Demand against all defendants (Filing fee $ 350.), filed by Plaintiff Thomas A Nerswick, Defendants CSX Transportation Inc, Jim Dugger, Chris Minges. (Attachments: #1 Civil Cover Sheet #2 Filing Fee Receipt) (ph, )
June 12, 2007 Filing fee: $ 350.00, receipt number 100 434552 (ph, )

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Defendant: Chris Minges
Represented By: M Scott McIntyre
Represented By: John B Lewis
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Defendant: CSX Transportation Inc
Represented By: M Scott McIntyre
Represented By: John B Lewis
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Defendant: Jim Dugger
Represented By: M Scott McIntyre
Represented By: John B Lewis
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Plaintiff: Thomas A Nerswick
Represented By: John J Helbling
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