Hurt v. Norfolk Southern Railway Company
Plaintiff: Kenneth Shane Hurt
Defendant: Norfolk Southern Railway Company
Case Number: 1:2017cv00542
Filed: August 16, 2017
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: WARREN
Presiding Judge: Michael R Barrett
Referring Judge: Matthew W McFarland
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42:2000e
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2020 Clerk's Notice: Briefing schedule re #24 Bill of Costs ; Response to Bill of Costs due 10/30/2020; Reply to Bill of Costs due 11/13/2020. (jg)
October 6, 2020 Filing 26 USCA Case Number 20-4048 for #25 Notice of Appeal filed by Kenneth Shane Hurt; case manager Roy G. Ford, 513-564-7016. (er)
September 29, 2020 Filing 25 NOTICE OF APPEAL re #22 Order on Motion for Summary Judgment, #23 Clerk's Judgment (Filing fee has been paid, receipt number 0648-7678806) by Plaintiff Kenneth Shane Hurt. (Butler, Brian)
September 24, 2020 Filing 24 BILL OF COSTS by Defendant Norfolk Southern Railway Company. (Attachments: #1 Memorandum in support, #2 A-Hurt Invoice, #3 B-Glaser Invoice, #4 C-Tucker Invoice, #5 D-Merrell Invoice, #6 E-Stuckey Invoice) (McIntyre, M)
September 4, 2020 Filing 23 Clerk's Judgment. (kaf)
September 4, 2020 Opinion or Order Filing 22 ORDER Granting #11 Motion for Summary Judgment. Signed by Judge Matthew W. McFarland on 09/04/2020. (kaf)
April 27, 2020 Opinion or Order Notation Order: The Court hereby ORDERS that the Final Pretrial Conference set for 05/14/2020 is vacated pending the ruling on the Motion for Summary Judgment (Doc. #11 ). Signed by Judge Matthew W. McFarland on 04/27/2020. (kaf)
February 28, 2020 Opinion or Order NOTATION ORDER - Final Pretrial Conference set for 04/30/2020 RESET for 05/14/2020 at 1:00PM in Chambers before Judge Matthew W. McFarland. Signed by Judge Matthew W. McFarland on 02/28/2020. (kaf)
January 3, 2020 Opinion or Order Filing 21 ORDER REASSIGNING CASE. Case reassigned to Judge Matthew W. McFarland for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 1/3/2020. (ss)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 18, 2019 Filing 20 REPLY to Response to Motion re #11 MOTION for Summary Judgment filed by Defendant Norfolk Southern Railway Company. (Attachments: #1 Exhibit Reply Ex. A, #2 Exhibit Attachment 1 - PLB Decisions, #3 Exhibit Attachment 2 - PLB Decisions) (McIntyre, M)
November 7, 2019 Opinion or Order Notation Order signed by Judge Michael R. Barrett on 11/7/19: This matter is before the Court on Defendants unopposed #19 Motion for an Extension of Time to file its Reply in Support of its Motion for Summary Judgment. For good cause shown, and the reasons stated therein, it is hereby ORDERED that Defendants #19 Motion is GRANTED and Defendant shall have until 11/18/19 to file its Reply. Signed by Judge Michael R. Barrett on 11/7/19. (ba)
November 6, 2019 Filing 19 Unopposed MOTION for Extension of Time New date requested 11/18/2019. to File Its Reply in Support of Its Motion for Summary Judgment by Defendant Norfolk Southern Railway Company. (Attachments: #1 Text of Proposed Order Proposed Order) (McIntyre, M)
October 28, 2019 Filing 18 RESPONSE in Opposition re #11 MOTION for Summary Judgment filed by Plaintiff Kenneth Shane Hurt. (Attachments: #1 Exhibit Declaration of Kenneth Shane Hurt) (Butler, Brian)
October 28, 2019 Filing 17 DEPOSITION of Crystal Glaser taken on October 3, 2019 by Plaintiff Kenneth Shane Hurt. (Attachments: #1 Exhibit 1-3, #2 Exhibit 4, Part 1, #3 Exhibit 4, Part 2) (Butler, Brian)
October 28, 2019 Filing 16 NOTICE OF FILING DEPOSITION of Crystal Glaser by Plaintiff Kenneth Shane Hurt. (Butler, Brian)
October 28, 2019 Filing 15 DEPOSITION of Timothy Tucker taken on July 17, 2019 by Plaintiff Kenneth Shane Hurt. (Attachments: #1 Exhibit 1, 23, & 34-37) (Butler, Brian)
October 28, 2019 Filing 14 DEPOSITION of Tom Merrell taken on August 20, 2019 by Plaintiff Kenneth Shane Hurt. (Attachments: #1 Exhibit 1, 18, 34, & 38-41) (Butler, Brian)
October 28, 2019 Filing 13 DEPOSITION of Joe H. Stuckey, III taken on July 26, 2019 by Plaintiff Kenneth Shane Hurt. (Attachments: #1 Exhibit 34 & 36) (Butler, Brian)
October 28, 2019 Filing 12 NOTICE OF FILING DEPOSITION of Joe H. Stuckey, III, Tom Merrell, and Timothy Tucker by Plaintiff Kenneth Shane Hurt. (Butler, Brian)
October 7, 2019 Filing 11 MOTION for Summary Judgment by Defendant Norfolk Southern Railway Company. (Attachments: #1 Exhibit Exhibit A (1 of 2), #2 Exhibit Exhibit A (2 of 2), #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H) (McIntyre, M)
September 20, 2019 NOTATION ORDER: For good cause shown, the Court hereby GRANTS Defendant's unopposed Motion to Extend the Deadline for Filing its Motion for Summary Judgment. (Doc. 10). Defendant shall have up to, and including, October 7, 2019 to file its Motion. Modified on 9/20/2019 (ba) to edit text and regenerate the NEF.
September 19, 2019 Filing 10 Unopposed MOTION for Extension of Time New date requested 10/7/2019. by Defendant Norfolk Southern Railway Company. (McIntyre, M)
July 17, 2019 Minute Entry for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 7/17/2019 regarding deposition objections; Brian Butler appeared for Plaintiff; Scott McInytre. (ba) Modified on 7/18/2019 (eh).
May 31, 2019 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held with Law Clerk (LC2); Brian Butler appeared for Plaintiff; Jon Kelly appeared for Defendant; the parties will attempt to schedule the remaining depositions for early July, with the case proceeding as set forth in the #9 Amended Calendar Order. (ba) Modified on 6/3/2019 (ba) to correct the filing date and regenerate a NEF.
May 9, 2019 Opinion or Order Filing 9 AMENDED CALENDAR ORDER: Final Pretrial Conference set for 4/30/2020 at 10:00 AM in Chambers before Judge Michael R. Barrett. Status Conference set for 5/31/2019 at 10:00 AM by teleconference before Judge Michael R. Barrett. Discovery due by 8/31/2019. Motions due by 9/30/2019. Jury trial 6/2020. Signed by Judge Michael R. Barrett on 5/8/19. (ba)
April 29, 2019 Opinion or Order NOTATION ORDER: Following an unsuccessful settlement conference on 1/22/2019, the Court directed the parties to discuss discovery deadlines and report back so that the calendar in this civil action could be reset. To date, the parties have not contacted the Court. Accordingly, the parties shall file a joint proposed calendar order on or before 5/10/2019. The Final Pretrial Conference set for 5/31/2019 at 10:00 AM is converted to a Status Conference by teleconference. Signed by Judge Michael R. Barrett on 4/29/2019. NOTE: parties shall refer to the entry on 10/31/2017 for conferencing instructions. (ba)
January 22, 2019 Minute entry for proceedings held before Judge Michael R. Barrett: Settlement Conference held on 1/22/19; Brian Butler appeared with Plaintiff; Scott McIntyre appeared with Doug Pickle for Defendant; the matter was not settled; parties are to discuss discovery deadlines and report back for the Court to reset the calendar. (ba)
November 7, 2018 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 11/7/2018; Brian Butler appeared for Plaintiff; Scott McIntyre appeared for Defendant; the parties shall prepare for their 1/22/19 settlement conference; the calendar stayed; a follow up status conference to be set prior to 1/22/19; parties to reach out to the law clerk to set a date. (ba)
August 28, 2018 Opinion or Order Filing 8 AGREED STIPULATED PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 8/27/18. (ba)
April 5, 2018 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/5/2018; Brian Butler appeared for Plaintiff; Scott McIntyre appeared for Defendant; parties report the matter is progressing with discovery; case to continue as scheduled. (ba)
December 5, 2017 Opinion or Order Filing 7 CALENDAR ORDER: Amended Pleadings due by 11/30/2017. Motions directed to pleadings due by 11/30/2017. Lay Witness due by 7/31/2018. Status Conference set for 4/5/2018 at 11:30 AM by teleconference before Judge Michael R. Barrett. Plaintiff Primary Expert due by 5/31/2018. Plaintiff Rebuttal Expert due by 10/1/2018. Defendant Primary Expert due by 8/31/2018. Discovery due by 11/1/2018. Motions due by 12/30/2018. Settlement Conference set for 1/22/2019 10:00 AM in Chambers before Judge Michael R. Barrett. Final Pretrial Conference set for 5/31/2019 at 10:00 AM in Chambers before Judge Michael R. Barrett. Status Conference set for 11/7/2018 at 10:30 AM by teleconference before Judge Michael R. Barrett. Jury trial 7/2019. Signed by Judge Michael R. Barrett on 12/5/17. (ba) Modified Settlement Date on 12/28/2017 (bjc).
December 5, 2017 Minute Entry for proceedings held before Judge Michael R. Barrett: Scheduling Conference held on 12/5/2017; Brian Butler appeared for Plaintiff; Scott McIntyre appeared for Defendant; calendar order to follow. (ba)
November 28, 2017 Filing 6 RULE 26(f) REPORT by Defendant Norfolk Southern Railway Company. (McIntyre, M)
October 16, 2017 Filing 5 Corporate Disclosure Statement by Defendants Norfolk Southern Railway Company, Norfolk Southern Corporation identifying Corporate Parent Norfolk Southern Corporation for Norfolk Southern Railway Company.. (McIntyre, M)
October 16, 2017 Filing 4 ANSWER to #1 Complaint with Jury Demand filed by Norfolk Southern Railway Company. (McIntyre, M)
October 16, 2017 Filing 3 NOTICE of Appearance by M Scott McIntyre for Defendant Norfolk Southern Railway Company (McIntyre, M)
September 28, 2017 Filing 2 WAIVER OF SERVICE Returned Executed. Waiver sent to Norfolk Southern Railway Company on 8/17/2017, answer due 10/16/2017. (Butler, Brian)
August 17, 2017 If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (jlw)
August 16, 2017 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6084494), filed by Kenneth Shane Hurt. (Attachments: #1 Civil Cover Sheet) (Butler, Brian)

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Defendant: Norfolk Southern Railway Company
Represented By: M Scott McIntyre
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Plaintiff: Kenneth Shane Hurt
Represented By: Brian Joseph Butler
Represented By: Marc David Mezibov
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