Miller v. CSX Transportation, Inc.
Plaintiff: Christopher Miller, II
Defendant: CSX Transportation, Inc.
Case Number: 1:2013cv00734
Filed: October 10, 2013
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: HAMILTON
Presiding Judge: Sandra S Beckwith
Referring Judge: Karen L Litkovitz
Nature of Suit: Federal Employer's Liability
Cause of Action: 45 U.S.C. § 51
Jury Demanded By: Both
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This docket was last retrieved on October 21, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2015 Opinion or Order Filing 72 ORDER DISMISSING CASE - Case is settled. Signed by Judge Sandra S Beckwith on 10/21/15. (mb)
October 5, 2015 Opinion or Order Filing 71 ORDER Setting Settlement Conference: Settlement Conference set for 10/20/2015 at 11:00 AM in Chambers Room 706 before Magistrate Judge Stephanie K. Bowman. Confidential Settlement Statements due to the Court no later than 10/16/2015 at 12:00 PM. Signed by Magistrate Judge Stephanie K Bowman on 10/5/2015. (km)
October 5, 2015 Opinion or Order Filing 70 Order referring case to Magistrate Judge Stephanie K. Bowman for settlement purposes only. Signed by Judge Sandra S Beckwith on 10/5/15. (mb)
August 25, 2015 Opinion or Order Filing 69 ORDER granting #60 Defendant's Motion to Exclude expert testimony; granting in part and denying in part #62 Defendant's Motion for Summary Judgment. The motion is denied in part as to plaintiff's FRSA claim, and is granted in part as to plaintiff's FELA claim. Signed by Judge Sandra S Beckwith on 8/25/15. (mb)
August 12, 2015 Motion Not Referred to the Magistrate Judge: #62 MOTION for Summary Judgment , #60 MOTION to Exclude Expert Testimony. (art)
June 8, 2015 Opinion or Order Filing 68 ORDER granting #67 Unopposed Motion to Amend Calendar Order. Motions to bifurcate for trial purposes will be due 30 days following the court's ruling on defendant's motion for summary judgment. Signed by Judge Sandra S Beckwith on 6/8/15. (mb)
June 3, 2015 Filing 67 Unopposed MOTION to Amend/Correct Order on Motion to Amend/Correct by Defendant CSX Transportation, Inc.. (Attachments: #1 Text of Proposed Order) (Devine, Joseph)
May 13, 2015 Filing 66 REPLY to Response to Motion re #62 MOTION for Summary Judgment filed by Defendant CSX Transportation, Inc.. (Devine, Joseph)
May 13, 2015 Filing 65 REPLY to Response to Motion re #60 MOTION to Exclude Expert Testimony filed by Defendant CSX Transportation, Inc.. (Attachments: #1 Exhibit Exhibit A) (Turner, James)
April 29, 2015 Filing 64 RESPONSE in Opposition re #62 MOTION for Summary Judgment filed by Plaintiff Christopher Miller, II. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit k, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R) (Garella, Charles)
April 29, 2015 Filing 63 RESPONSE to Motion re #60 MOTION to Exclude Expert Testimony filed by Plaintiff Christopher Miller, II. (Garella, Charles)
April 15, 2015 Filing 62 MOTION for Summary Judgment by Defendant CSX Transportation, Inc.. Responses due by 5/11/2015 (Attachments: #1 Exhibit 1 - Miller Deposition Transcript and Exhibits, #2 Exhibit 2 - Spencer Deposition Transcript and Exhibits, #3 Exhibit 3 - Cassaro Deposition Transcript and Exhibits, #4 Exhibit 4 - Declaration of David R. Hamby and Exhibits, #5 Exhibit 5A - Declaration of Timothy Sherman and Exhibits, #6 Exhibit 5B - Declaration of Timothy Sherman and Exhibits, #7 Exhibit 5C - Declaration of Timothy Sherman and Exhibits, #8 Exhibit 5D - Declaration of Timothy Sherman and Exhibits, #9 Exhibit 6 - Declaration of Joseph C. Devine and Exhibits, #10 Exhibit 7 - Public Law Board Decision, #11 Exhibit 8 - Public Law Board Decision, #12 Exhibit 9 - Public Law Board Decision, #13 Exhibit 10 - Public Law Board Decision, #14 Exhibit 11 - Public Law Board Decision, #15 Exhibit 12 - Public Law Board Decision, #16 Exhibit 13 - Public Law Board Decision, #17 Exhibit 14 - Public Law Board Decision, #18 Exhibit 15 - Public Law Board Decision, #19 Exhibit 16 - Grefer Notes) (Devine, Joseph)
April 15, 2015 Filing 61 MEMORANDUM OF LAW IN SUPPORT re #60 MOTION to Exclude Expert Testimony by Defendant CSX Transportation, Inc. (Turner, James) Modified docket text on on 4/16/2015 (eh).
April 15, 2015 Filing 60 MOTION to Exclude Expert Testimony by Defendant CSX Transportation, Inc.. (Attachments: #1 Exhibit 1) (Turner, James)
April 3, 2015 Filing 59 NOTICE of Change of Address by Jeffrey R Dingwall (Dingwall, Jeffrey)
March 25, 2015 Filing 58 NOTICE by clerk: The Final Pretrial Conference is rescheduled for 11/9/2015 at 2:00 PM; Trial is rescheduled for 12/1/2015 at 1:00 PM. (mb)
March 25, 2015 Opinion or Order NOTATION ORDER granting #57 unopposed motion to amend calendar order. Dispositive motions deadline is extended to 4/15/15; Response due: 4/29/15; Reply due: 5/13/15. Signed by Judge Sandra S Beckwith on 3/25/15. (mb)
March 24, 2015 Filing 57 Unopposed MOTION to Amend/Correct #54 Order on Motion to Amend/Correct, by Defendant CSX Transportation, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Devine, Joseph)
February 25, 2015 Filing 56 CERTIFICATE OF SERVICE by Plaintiff Christopher Miller, II of Notice of Subpoena (Dingwall, Jeffrey)
February 3, 2015 Filing 55 NOTICE by Plaintiff Christopher Miller, II Service of Second Set of Discovery Requests (Dingwall, Jeffrey)
January 26, 2015 Opinion or Order Filing 54 NOTATION ORDER granting parties fourth Joint #49 Motion to Amend the calendar order in this matter. Disclosure and report of defendant's experts extended to 3/3/2015. Parties disclosure of rebuttal experts extended to 3/21/2015. Signed by Magistrate Judge Karen L. Litkovitz on 1/26/2015. (art)
January 26, 2015 Set/Reset calendar order Deadlines: Defendant's disclosure and report of Primary Expert due by 3/3/2015. Parties disclosure of Rebuttal Expert due by 3/21/2015. (art)
January 22, 2015 Filing 53 NOTICE to Take Deposition of Angelo Cassaro by Plaintiff Christopher Miller, II. (Dingwall, Jeffrey)
January 22, 2015 Filing 52 NOTICE to Take Deposition of Jimmy Spencer by Plaintiff Christopher Miller, II. (Dingwall, Jeffrey)
January 15, 2015 Filing 51 NOTICE to Take Deposition of Christopher Miller II by Defendant CSX Transportation, Inc.. (Turner, James)
January 13, 2015 Filing 50 CERTIFICATE OF SERVICE by Defendant CSX Transportation, Inc. re #49 Fourth MOTION to Amend/Correct Calendar Order (Turner, James)
January 12, 2015 Filing 49 Fourth MOTION to Amend/Correct Calendar Order by Defendant CSX Transportation, Inc., Plaintiff Christopher Miller. (Turner, James) Modified to include plaintiff as filer on 1/13/2015 (eh1).
December 9, 2014 Filing 48 NOTICE OF WITHDRAWAL OF DOCUMENT by Defendant CSX Transportation, Inc. re #46 Motion for Contempt To Adjudge Cartwright Chiropractic, Inc. in Contempt of Court (Turner, James)
December 8, 2014 Opinion or Order NOTATION ORDER granting #47 Joint Motion to extend the deadline to file motions to bifurcate until 6/5/15. Signed by Judge Sandra S Beckwith on 12/8/14. (mb)
December 5, 2014 Filing 47 Joint MOTION to Amend/Correct #14 Scheduling Order,,, by Defendant CSX Transportation, Inc.. (Attachments: #1 Exhibit Proposed Order) (Devine, Joseph)
November 21, 2014 Filing 46 Motion for Contempt To Adjudge Cartwright Chiropractic, Inc. in Contempt of Court by Defendant CSX Transportation, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Turner, James)
November 6, 2014 Filing 45 NOTICE by Defendant CSX Transportation, Inc. Notice of Proof of Service (Attachments: #1 Exhibit A) (Turner, James)
October 31, 2014 Filing 44 NOTICE to Take Deposition of Records Custodian, Cartwright Chiropractic, Inc. by Defendant CSX Transportation, Inc.. (Turner, James)
October 23, 2014 Filing 43 NOTICE by Defendant CSX Transportation, Inc. re #39 Notice (Other) Defendant's Second Amended Notice of Serving of Subpoena Upon Cartwright Chiropractice, INC. Records Custodian (Attachments: #1 Exhibit A) (Turner, James)
October 7, 2014 Filing 42 AMENDED SCHEDULING ORDER: Final Pretrial Conference is RESET for 9/15/2015 at 10:00 AM; Trial is RESET for 9/28/2015 at 1:00 PM before Judge Sandra S Beckwith. (mb)
October 7, 2014 Opinion or Order Filing 41 ORDER granting #40 Joint Motion to Amend Calendar Order as follows: Disclosure of report of defendant's experts: 1/11/15; Rebuttal experts disclosure: 1/29/15; DDL: 3/4/15; Dispositive motions: 4/5/15; Response: 4/19/15; Reply due: 5/3/15. Signed by Judge Sandra S Beckwith on 10/7/14. (mb)
October 3, 2014 Filing 40 Second Joint MOTION to Amend/Correct #36 Order on Motion to Amend/Correct, #37 Scheduling Order by Defendant CSX Transportation, Inc., Plaintiff Christopher Miller, II. (Attachments: #1 Text of Proposed Order) (Turner, James) Modified docket text and to include plaintiff as filer on 10/3/2014 (eh1).
September 22, 2014 Filing 39 NOTICE by Defendant CSX Transportation, Inc. Amended Notice of Serving of Subpoena Duces Tecum Upon Cartwright Chiropractic, Inc. (Attachments: #1 Exhibit A) (Turner, James)
September 10, 2014 Filing 38 NOTICE by Defendant CSX Transportation, Inc. Defendant's Notice of Serving of Subpoena Duces Tecum Upon Cartwright Chiropractic, Inc. (Attachments: #1 Exhibit A) (Turner, James)
September 8, 2014 Filing 37 SCHEDULING NOTICE: Final Pretrial Conference is RESCHEDULED for 6/30/15 at 1:30 PM; Trial is RESCHEDULED for 7/13/2015 at 1:00 PM before Judge Sandra S Beckwith. (mb)
September 8, 2014 Opinion or Order Filing 36 ORDER granting parties Joint #35 Motion to Amend the calendar order and notice in this matter. Discovery deadline set for 12/4/2014; Dispositive motions deadline set for 1/5/2015; memorandum in response deadline set for 1/19/2015; reply memorandum deadline set for 2/2/2015. Signed by Magistrate Judge Karen L. Litkovitz on 9/5/2014. (art)
September 8, 2014 Set/Reset Deadlines: Discovery deadline set for 12/4/2014. Dispositive Motions deadline set for 1/5/2015. Memorandum in response deadline set for 1/19/2015. Reply memorandum deadline set for 2/2/2015. (art)
September 2, 2014 Filing 35 Joint MOTION to Amend/Correct #16 Scheduling Order, #14 Scheduling Order,,, by Defendant CSX Transportation, Inc.. (Attachments: #1 Exhibit Proposed Order) (Devine, Joseph)
August 12, 2014 Opinion or Order Filing 34 NOTATION ORDER granting parties Joint #32 Motion for Extension of Time. Disclosure of defendant's primary expert deadline extended to 10/13/2014; Parties disclosure of rebuttal experts deadline extended to 10/13/2014. Signed by Magistrate Judge Karen L. Litkovitz on 8/12/2014. (art)
August 11, 2014 Filing 33 CERTIFICATE OF SERVICE by Defendant CSX Transportation, Inc. Defendant CSX Transportation, Inc.'s Disclosure of Expert Witnesses (Turner, James)
August 7, 2014 Filing 32 Joint MOTION for Extension of Time to extend deadlines for disclosure of experts and reports by Defendant CSX Transportation, Inc.. (Turner, James) Modified on 8/8/2014 (mb).
August 5, 2014 Filing 31 CERTIFICATE OF SERVICE by Defendant CSX Transportation, Inc. Defendant CSX Transportation, Inc.'s Responses to Plaintiff's First Set of Requests for Admission (Turner, James)
August 5, 2014 Filing 30 CERTIFICATE OF SERVICE by Defendant CSX Transportation, Inc. Defendant's Responses to Plaintiff's First Set of Request for Production of Documents (Turner, James)
August 5, 2014 Filing 29 CERTIFICATE OF SERVICE by Defendant CSX Transportation, Inc. Defendant CSX Transportation, Inc.'s Responses to Plaintiff's First Set of Interrogatories (Turner, James)
July 11, 2014 Filing 28 NOTICE by Plaintiff Christopher Miller, II Disclosure of Fact Witnesses (Garella, Charles)
July 11, 2014 Filing 27 NOTICE by Defendant CSX Transportation, Inc. Disclosure of Non-Expert Fact Witnesses (Devine, Joseph)
May 28, 2014 Set/Reset Cincinnati PPTO Deadlines: Plaintiff Primary Expert due by 6/23/2014. Plaintiff Rebuttal Expert due by 9/2/2014. Defendant Primary Expert due by 8/11/2014. Defendant Rebuttal Expert due by 9/2/2014. (jlw)
May 27, 2014 Opinion or Order Filing 26 ORDER granting plaintiff's unopposed #25 Motion to extend the deadlines for expert disclosures and reports. Plaintiff's disclosure and report of primary experts deadline set for 6/23/2014; Defendant's disclosure and report of primary experts deadline set for 8/11/2014; Parties disclosure and report of rebuttal experts deadline set for 9/2/2014. Signed by Magistrate Judge Karen L. Litkovitz on 5/27/2014. (art)
May 23, 2014 Filing 25 MOTION for Extension of Time New date requested 6/23/2014. to extend deadlines for expert disclosures and reports by Plaintiff Christopher Miller, II. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (Garella, Charles)
March 10, 2014 Opinion or Order Filing 24 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Karen L. Litkovitz on 3/10/2014. (art)
February 27, 2014 Filing 23 NOTICE by Defendant CSX Transportation, Inc. Proposed Stipulated Protective Order (Devine, Joseph)
February 4, 2014 Filing 22 CERTIFICATE OF SERVICE by Defendant CSX Transportation, Inc. re #21 Corporate Disclosure Statement (Turner, James)
February 3, 2014 Filing 21 Corporate Disclosure Statement by Defendant CSX Transportation, Inc.. (Turner, James)
January 28, 2014 Filing 20 CERTIFICATE OF SERVICE by Defendant CSX Transportation, Inc. Defendant CSX Transportation Inc.'s First Set of Interrogatories and Request for Documents to Plaintiff Christopher Miller, II (Turner, James)
January 17, 2014 Filing 19 CERTIFICATE of Counsel by Jeffrey R. Dingwall Plaintiff Christopher Miller, II (Dingwall, Jeffrey)
January 16, 2014 Filing 18 Amended ANSWER to #1 Complaint with Jury Demand filed by CSX Transportation, Inc.. (Devine, Joseph)
January 16, 2014 Filing 17 NOTICE by Defendant CSX Transportation, Inc. Rule 26(a)(1) Certification (Devine, Joseph)
January 13, 2014 Set Cincinnati PPTO Deadlines: Discovery due by 9/5/2014. Motions not directed to pleadings due by 10/3/2014. (sct1)
January 10, 2014 Opinion or Order Filing 16 SCHEDULING ORDER: DDL: 9/5/14; Motions deadline: 10/3/14; Final Pretrial Conference set for 3/4/2015 at 9:00 AM; Trial set for 3/16/2015 at 1:00 PM. Signed by Judge Sandra S Beckwith on 1/10/14. (mb)
January 9, 2014 Opinion or Order Filing 15 CORRECTED CALENDAR ORDER entered this date to indicate the correct case caption in this matter. All previous calendar dates listed in #14 remain unchanged. Signed by Magistrate Judge Karen L. Litkovitz on 1/9/2014. (art)
January 9, 2014 Set Deadlines/Hearings: Dispositive Motions due by 10/3/2014. (eh1)
January 8, 2014 Opinion or Order Filing 14 CALENDAR ORDER: Deadline for moation for leave to amend pleadings set for 2/3/2014; Plaintifff's disclosure and report of primary experts deadline set for 5/23/2014; Defendant's disclosure and report of primary experts deadline set for 7/11/2014; Parties disclosure and report of rebuttal experts deadline set for 8/8/2014; Parties disclosure of non-expert (fact) witnesses deadline set for 7/11/2014; Parties notice of compliance with Rule 26 dedline set for 1/17/2014; Parties to exchange witness list and summary deadline set for 8/5/2014; Discovery deadline set for 9/5/2014; Dispositive motion deadline set for 10/3/2014; Motion to bifurcate for trial purposes deadline set for 12/5/2014; Final Pretrial Conference tentatively set for 2/2015 before Judge Sandra S Beckwith; Jury Trial tentatively set for 3/2015 before Judge Sandra S Beckwith. Signed by Magistrate Judge Karen L. Litkovitz on 1/8/2014. (art) Modified dispositive motion deadline on 1/9/2014 (eh1).
January 7, 2014 Filing 13 Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Scheduling Conference held via telephone on 1/7/2014. Counsel for plaintiff and defendant present. Case calendar established. Order of the Court to follow. Defendant's request for leave to amend answer regarding the FRSA claim was not objected to by plaintiff. Court therefore Granted defendant's request for leave to file an amended answer. (Court Reporter none present.) (art)
December 11, 2013 Opinion or Order Filing 12 ORDER granting #10 Defendant's Motion for Leave for attorney Robert Ryan to Appear Pro Hac Vice as co-counsel. Signed by Judge Sandra S Beckwith on 12/11/13. (mb)
December 10, 2013 Filing fee: $ 400.00, receipt number 100CIN020691 re #10 MOTION for Leave to Appear Pro Hac Vice of Robert Edward Ryan. (eh)
December 9, 2013 Filing 11 NOTICE: Scheduling Conference set for Tuesday, 1/7/2014 at 03:00 PM via telephone before Magistrate Judge Karen L. Litkovitz. (COUNSEL MUST LOG INTO CM/ECF TO VIEW THIS SEALED DOCUMENT IN ITS ENTIRETY FOR INSTRUCTIONS ON HOW TO PARTICIPATE IN THE TELEPHONE SCHEDULING CONFERENCE). (art)
December 9, 2013 Filing 10 MOTION for Leave to Appear Pro Hac Vice of Robert Edward Ryan (Filing fee $ 200) by Defendant CSX Transportation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Turner, James)
December 6, 2013 Filing 9 RULE 26(f) REPORT JOINT DISCOVERY PLAN by Defendant CSX Transportation, Inc.. (Turner, James)
November 22, 2013 Opinion or Order Filing 8 ORDER granting [6 & 7] Motions for Leave for attorneys Dingwall & Garella to Appear Pro Hac Vice as co-counsel for plaintiff. Signed by Judge Sandra S Beckwith on 11/22/13. (mb)
November 21, 2013 Filing 7 MOTION for Leave to Appear Pro Hac Vice of Charles Kiel Garella (Filing fee $ 400, receipt number 100CIN020503) by Plaintiff Christopher Miller, II. (Attachments: #1 Exhibit Certificate of Standing, #2 Filing Fee Receipt) (Reed, Kenneth)
November 21, 2013 Filing 6 MOTION for Leave to Appear Pro Hac Vice of Jeff R. Dingwall (Filing fee $ 400, receipt number 100CIN020503) by Plaintiff Christopher Miller, II. (Attachments: #1 Exhibit Certificate of Standing, #2 Filing Fee Receipt) (Reed, Kenneth)
November 13, 2013 Filing 5 SUMMONS Returned Executed as to Defendant CSX Transportation, Inc.. CSX Transportation, Inc. served on 10/17/2013, answer due 11/7/2013. (Attachments: #1 Certified Mail Receipt Return Dated 10/17/13) (Reed, Kenneth)
November 8, 2013 Opinion or Order Filing 4 PRELIMINARY PRETRIAL CONFERENCE ORDER: Parties Rule 26f Meeting Report due to be filed witht he Court by 12/6/2013. Signed by Magistrate Judge Karen L. Litkovitz on 11/8/2013. (art)
November 7, 2013 Filing 3 ANSWER to #1 Complaint with Jury Demand filed by CSX Transportation, Inc.. (Turner, James)
October 10, 2013 Filing 2 Summons Issued as to CSX Transportation, Inc. (eh)
October 10, 2013 Filing 1 COMPLAINT with JURY DEMAND filed by Christopher Miller, II against CSX Transportation, Inc. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt) (eh)
October 10, 2013 Filing fee: $ 400.00, receipt number 100CIN020174 (eh)
October 10, 2013 This case is referred to Magistrate Judge Karen L. Litkovitz. (eh)

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Plaintiff: Christopher Miller, II
Represented By: Jeffrey R Dingwall
Represented By: Kenneth R. Reed
Represented By: Charles K. Garella
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Defendant: CSX Transportation, Inc.
Represented By: Joseph C Devine
Represented By: Robert E. Ryan
Represented By: James W Turner
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