Hentze v. CSX TRANSPORTATION INC.
| Hentze and Merle F Hentze |
| CSX TRANSPORTATION INC. |
| 1:2017cv00217 |
| March 30, 2017 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| ALLEN |
| Michael R Barrett |
| Douglas R Cole |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
NOTATION ORDER granting #35 Defendant's Unopposed Motion to Withdraw #33 Bill of Costs. SO ORDERED. Signed by Judge Douglas R. Cole on 9/28/20. (sct) Modified to include link on 9/28/2020 (kl).
|
| Filing 35 Unopposed MOTION to Withdraw #33 Bill of Costs, by Defendant CSX TRANSPORTATION INC.. (McIntyre, M) |
| Filing 34 Clerk's Notice: Briefing schedule re #33 Bill of Costs, ; Response to Bill of Costs due 9/24/2020; Reply to Bill of Costs due 10/8/2020. (sem) |
| Filing 33 BILL OF COSTS by Defendant CSX TRANSPORTATION INC.. (Attachments: #1 Memorandum in support, #2 A-Hentze Invoice, #3 B-Harper Invoice, #4 C-Haggard Invoice, #5 D-Nuchurch Invoice, #6 E-Crane Invoice, #7 F-Harbour Invoice) (McIntyre, M) |
| Filing 32 CLERK'S JUDGMENT affirming #31 Opinion and Order. (sct) |
|
Filing 31
OPINION AND ORDER granting #21 Defendant's Motion for Summary Judgment and terminating the case. Signed by Judge Douglas R. Cole on 8/7/20. (sct)
|
| Minute Entry for proceedings held before Judge Douglas R. Cole: Oral Argument held on 7/1/20 re #21 CSX Transportation, Inc.'s MOTION for Summary Judgment. Gregory Napolitano appeared for Plaintiff; Scott McIntyre and Sean Ryan appeared for Defendant. The Court heard arguments of counsel and took the matter under advisement. Order to issue. (Court Reporter: Sue Lopreato-Official). (sct) |
| NOTICE: Pursuant to General Order No. 20-08, the Hearing on #21 Motion for Summary Judgment set for 4/13/20 at 10:00 a.m. is VACATED . The Hearing on #21 Motion for Summary Judgment is RESET for 7/1/20 at 10:00 a.m. in Courtroom 822. (sct) |
| Filing 30 NOTICE by Defendant CSX TRANSPORTATION INC. re #21 MOTION for Summary Judgment Notice of Supplemental Authority (Attachments: #1 Recent Decision) (McIntyre, M) |
| NOTICE VACATING the Final Pretrial Conference (3/25/20) and the Jury Trial (4/20), which will be reset by the Court pending its ruling on Defendants' #21 Motion for Summary Judgment. (sct) |
| NOTICE of Hearing on Motion #21 MOTION for Summary Judgment: Motion Hearing set for 4/13/2020 at 10:00 AM in Courtroom 822 before Judge Douglas R. Cole. (sct) |
|
Filing 29
ORDER REASSIGNING CASE. Case reassigned to Judge Douglas R. Cole for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 12/11/2019. (ss)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
|
| Filing 28 REPLY to Response to Motion re #21 MOTION for Summary Judgment filed by Defendant CSX TRANSPORTATION INC.. (McIntyre, M) |
|
Filing 27
ORDER granting #26 Unopposed MOTION for Extension of Time to file Reply in Support of #21 Motion for Summary Judgment filed by CSX TRANSPORTATION INC.; Replies due by 11/4/2019. Signed by Judge Michael R. Barrett on 10/22/19. (ba)
|
| Filing 26 Unopposed MOTION for Extension of Time New date requested 11/4/2019. to file Reply in Support of Motion for Summary Judgment by Defendant CSX TRANSPORTATION INC.. (McIntyre, M) |
| Filing 25 RESPONSE in Opposition re #21 MOTION for Summary Judgment filed by Plaintiff Merle F Hentze. (Attachments: #1 Exhibit Haggard deposition, #2 Exhibit Harper deposition and exhibits, #3 Exhibit Crane deposition and exhibits, #4 Exhibit Hustak declaration) (Napolitano, Gregory) |
|
Filing 24
ORDER granting #22 #23 Motion for Extension of Time to File Response/Reply re #21 MOTION for Summary Judgment re #21 MOTION for Summary Judgment; Responses due by 10/11/2019; Replies due by 10/25/2019. Signed by Judge Michael R. Barrett on 9/20/19. (ba)
|
| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply as to #21 MOTION for Summary Judgment New date requested 10/11/2019. Corrected Motion by Plaintiff Merle F Hentze. (Attachments: #1 Text of Proposed Order) (Napolitano, Gregory) |
| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply as to #21 MOTION for Summary Judgment New date requested 10/11/2019. by Plaintiff Merle F Hentze. (Attachments: #1 Text of Proposed Order Draft Order) (Napolitano, Gregory) |
| Filing 21 MOTION for Summary Judgment by Defendant CSX TRANSPORTATION INC.. (Attachments: #1 Exhibit Ex. A - Hentze Depo Transcript, #2 Exhibit Ex. B - Locomotive Engineer Job Description, #3 Exhibit Ex. C - signed Floyd Dec. w. ex, #4 Exhibit Ex. D - Nuchurch Depo and Exhibits, #5 Exhibit Ex. E - signed Nuchurch Declaration w. ex., #6 Exhibit Ex. F - Job History, #7 Exhibit Ex. G - medical exams, #8 Exhibit Ex. H - 1972 Training agreement, #9 Text of Proposed Order MSJ Proposed Order) (McIntyre, M) |
|
Filing 20
ORDER granting #19 Motion for Leave to File Excess Pages. Signed by Judge Michael R. Barrett on 9/11/19. (ba)
|
| Filing 19 Unopposed MOTION for Leave to File Excess Pages by Defendant CSX TRANSPORTATION INC.. (McIntyre, M) |
|
Filing 18
ORDER granting defendant's #17 Motion for Extension of Time to File its Motion for Summary Judgment and any supporting documents until 9/16/19. Signed by Judge Michael R. Barrett on 9/6/19. (ba)
|
| Filing 17 Unopposed MOTION for Extension of Time to File New date requested 9/16/2019. by Defendant CSX TRANSPORTATION INC.. (Attachments: #1 Text of Proposed Order) (McIntyre, M) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 8/22/2019; Gregory Napolitano appeared for Plaintiff; John Kelly appeared for defendant; parties report case shall proceed with the filing of a dispositive motion (9/9/19); case to otherwise proceed as scheduled. (ba) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/6/2019 with Law Clerk (LC1); Gregory Napolitano appeared for Plaintiff; John Kelly appeared for Defendant; case to proceed as scheduled with a follow up Status Conference set for 8/22/2019 at 02:00 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 5/10/19 for conferencing instructions (ba) |
|
Filing 16
JOINT AMENDED CALENDAR ORDER: Final Pretrial Conference set for 3/25/2020 AT 01:00 PM in Chambers before Judge Michael R. Barrett. Discovery due by 8/1/2019. Motions due by 9/8/2019. JURY TRIAL 4/2020. Signed by Judge Michael R. Barrett on 5/10/19. (ba) Modified docket text on 5/13/2019 (eh).
|
|
Filing 15
AMENDED CALENDAR ORDER: Status Conference set for 6/6/2019 at 01:00 PM by teleconference before Judge Michael R. Barrett. Defendant Primary Expert due by 4/1/2019. Discovery due by 6/1/2019. Motions due by 7/8/2019. Final Pretrial Conference set for 11/12/2019 at 01:00 PM in Chambers before Judge Michael R. Barrett. Jury trial 1/2020. Signed by Judge Michael R. Barrett on 2/14/19. (ba)
|
| Minute Entry for proceedings held before Judge Michael R. Barrett: Settlement Conference held on 1/11/2019; Gregory Napolitano appeared with Merle Hentze for Plaintiff; Scott McIntyre appeared with David Weisblott for Defendant; settlement at an impasse; parties to submit agreed upon calendar order. (ba) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 11/6/2018; Gregory Napolitano appeared for Plaintiff; Scott McIntyre appeared for Defendant; the parties are amenable to a Settlement Conference set for 1/11/2019 at 10:00 AM in Chambers, Room 239, before Judge Michael R. Barrett; parties shall provide the Court with a limited 5-page exparte position statement which shall be emailed to the Court at barrett_chambers@ohsd.uscourts.gov no later than the last week of December 2018. The Court will conduct exparte conferences prior to the scheduled settlement conference. Unless prior arrangements have been discussed with the Court, party representatives with complete settlement authority must be present throughout the conference. (ba) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 10/23/2018; Gregory Napolitano appeared for Plaintiff; Scott McIntyre appeared for Defendant; a follow up Status Conference is set for 11/6/2018 at 11:00 AM by teleconference before Judge Michael R. Barrett in order to proceed with the Calendar or select a settlement conference date; NOTE: parties shall refer to the entry on 6/30/17 for conferencing instructions (ba) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 10/2/2018; Gregory Napolitano appeared for Plaintiff; no appearance by defendant; pursuant to a discussion by the Court and counsel regarding timing related to discovery and a potential resolution, the settlement conference set for 10/23/18 will be converted to a follow up Status Conference; it remain set for 10/23/2018 at 01:00 PM and be conducted by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 6/30/17 for conferencing instructions (ba) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/30/2018; Greg Napolitano appeared for Plaintiff; Scott McIntyre appeared for Defendant; parties will engage in discovery and follow up for a Status Conference set 10/2/2018 at 02:30 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 6/30/17 for conferencing instructions (ba) |
| Minute entry for proceedings held before Judge Michael R. Barrett: status conference held on 5/7/2018; Greg Napolitano appeared for Plaintiff; Scott McIntyre appeared for Defendant; prior calendar stay lifted; the Parties are to complete all discovery by 2/28/2019, with dispositive motions due on 3/29/2019; Parties are to confer regarding expert discovery deadlines and report agreed deadlines to the Court; the 8/8/2018 telephone status conference is vacated, and reset for 7/30/2018 at 10:00 a.m., at which the Court will revisit dates for final pre-trial conference and trial. NOTE: parties shall refer to the entry on 6/30/17 for conferencing instructions. IT IS SO ORDERED Judge Michael R. Barrett on 5/7/2018. (mr) |
| NOTICE of Hearing: Please be aware that a Status Conference is set for 5/7/2018 at 11:30 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 6/30/17 for conferencing instructions (ba) |
| Filing 14 ANSWER to #13 Amended Complaint filed by CSX TRANSPORTATION INC.. (McIntyre, M) |
| Filing 13 AMENDED COMPLAINT of Plaintiff against CSX TRANSPORTATION INC., filed by Merle F Hentze. (Laufman, Paul) |
|
Filing 12
ORDER granting #3 Motion to Dismiss for Failure to State a Claim; granting #5 Motion to Amend; granting #11 Motion to Stay Discovery; Plaintiff shall file his amended complaint within 7 days. Signed by Judge Michael R. Barrett on 3/31/18. (ba)
|
| Filing 11 Joint MOTION to Stay Discovery by Defendant CSX TRANSPORTATION INC.. (Attachments: #1 Text of Proposed Order) (McIntyre, M) |
|
Filing 10
CALENDAR ORDER: Lay Witness due by 4/13/2018. Status Conference set for 8/8/2018 at 11:00 AM by teleconference before Judge Michael R. Barrett. Plaintiff Primary Expert due by 1/31/2018. Plaintiff Rebuttal Expert due by 4/27/2018. Defendant Primary Expert due by 3/30/2018. Discovery due by 7/20/2018. Motions due by 9/4/2018. Settlement Conference set for 10/23/2018 at 01:00 PM in Chambers before Judge Michael R. Barrett. Final Pretrial Conference set for 2/22/2019 at 11:00 AM in Chambers before Judge Michael R. Barrett. Jury trial 4/2019. Signed by Judge Michael R. Barrett on 8/11/17. (ba)
|
| Minute Entry for proceedings held before Judge Michael R. Barrett: Scheduling Conference held on 8/11/2017; Gregory Napolitano appeared for Plaintiff; Scott McIntyre appeared for Defendant; calendar order to follow. (ba) |
| Filing 9 RULE 26(f) REPORT by Defendant CSX TRANSPORTATION INC.. (McIntyre, M) |
|
Filing 8
ORDER granting #6 Motion for Extension of Time to File Response/Reply re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; Replies due by 7/24/2017. Signed by Judge Michael R. Barrett on 7/24/17. (ba)
|
| Filing 7 REPLY to Response to Motion re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant CSX TRANSPORTATION INC.. (McIntyre, M) |
| Filing 6 MOTION for Extension of Time to File Response/Reply as to #5 Response in Opposition to Motion New date requested 7/24/2017. by Defendant CSX TRANSPORTATION INC.. (Attachments: #1 Text of Proposed Order Proposed Order for Extension of Time to File a Reply) (McIntyre, M) |
| Filing 5 RESPONSE in Opposition re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion in the Alternative to Amend the Complaint filed by Plaintiff Merle F Hentze. (Napolitano, Gregory) |
| Filing 4 Corporate Disclosure Statement by Defendants CSX TRANSPORTATION INC., CSX Corporation, Inc. identifying Corporate Parent CSX Corporation, Inc. for CSX TRANSPORTATION INC... (McIntyre, M) |
| Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant CSX TRANSPORTATION INC.. (McIntyre, M) |
| Filing 2 NOTICE of Appearance by M Scott McIntyre for Defendant CSX TRANSPORTATION INC. (McIntyre, M) |
| ***If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (sct) |
| Filing 1 COMPLAINT with JURY DEMAND against CSX TRANSPORTATION INC. ( Filing fee $ 400 paid - receipt number: 0648-5900445), filed by Merle F Hentze. (Attachments: #1 Civil Cover Sheet) (Napolitano, Gregory) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
