National Railroad Safety Services, Inc. v. Gallagher III et al
Plaintiff: National Railroad Safety Services, Inc.
Defendant: John D. Gallagher III and RailPros, Inc.
Case Number: 1:2021cv00491
Filed: July 27, 2021
Court: US District Court for the Southern District of Ohio
Presiding Judge: Douglas R Cole
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2021 Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 9/17/21. Chad Ziepfel and Medora Akers appeared for Plaintiff; Collin Brodrick and Robert Petrulis appeared for Defendants. The proposed preliminary injunction order that the Defendants submitted was discussed. The Court suggested that the parties may want to work together to see if they could agree on a proposed preliminary injunction. (sct)
September 14, 2021 Minute Entry for proceedings held before Judge Douglas R. Cole: Motion Hearing held on 9/14/21 re #5 Plaintiff's MOTION for Preliminary Injunction. Chad Ziepfel and Medora Akers appeared for Plaintiff; Collin Brodrick and Robert Petrulis appeared for Defendants. The Court heard arguments of counsel and testimony of Adam Shephard and John Gallagher, II. Plaintiff's exhibits 1-11, and 13 admitted; Defendants' exhibits 1 and 2 admitted. Matter taken under advisement. Order to issue. (Court Reporter: Sue Lopreato-Official). (sct)
September 13, 2021 Opinion or Order NOTATION ORDER granting #12 Plaintiff's Unopposed MOTION for Extension of Time to Oppose #9 Defendants' MOTION to Dismiss or Transfer Venue. Response due by 9/28/21. SO ORDERED.Signed by Judge Douglas R. Cole on 9/13/21. (sct)
September 11, 2021 Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss MOTION to Change Venue New date requested 9/28/2021. by Plaintiff National Railroad Safety Services, Inc.. (Attachments: #1 Text of Proposed Order) (Ziepfel, Chad)
September 10, 2021 Filing 11 NOTICE of Appearance by Robert C Petrulis for Defendants John D. Gallagher III, RailPros, Inc. (Petrulis, Robert)
August 31, 2021 Filing 10 NOTICE to Take Deposition of John D. Gallagher II by Plaintiff National Railroad Safety Services, Inc.. (Ziepfel, Chad)
August 24, 2021 Filing 9 MOTION to Dismiss ( Responses due by 9/14/2021), MOTION to Change Venue by Defendants John D. Gallagher III, RailPros, Inc.. (Attachments: #1 Exhibit A - Declaration of John D. Gallagher II) (Brodrick, Collin)
August 13, 2021 Filing 8 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants John D. Gallagher III, RailPros, Inc.. (Attachments: #1 Exhibit A - Decl. of John D. Gallagher II) (Bennett, Rebecca)
August 6, 2021 Opinion or Order NOTATION ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Collin K. Brodrick as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Douglas R. Cole on 8/6/2021. (eh)
August 5, 2021 Filing 7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8440348) of Collin K. Brodrick by Defendants John D. Gallagher III, RailPros, Inc.. (Attachments: #1 Certificate of Good Standing) (Bennett, Rebecca)
August 2, 2021 Minute Entry for proceedings held before Judge Douglas R. Cole: Informal Preliminary Conference re #5 Motion for Temporary Restraining Order and Preliminary Injunction by telephone held on 8/2/21. Chad Ziepfel appeared for the Plaintiff; Rebecca Bennett and Collin Brodrick appeared for Defendants. Defendants to file response to motion for TRO by 8/13/21. The parties agreed to extend the deadline for Defendants to answer, move, or otherwise plea until 8/24/21. Expedited Discovery to be completed by 9/3/21. Hearing on the motion for preliminary injunction set for 9/14/21 at 9:30 a.m. (Court Reporter: Sue Lopreato-Official). (sct)
August 2, 2021 Opinion or Order NOTATION ORDER re Expedited Discovery: The parties shall exchange discovery upon a mutually agreeable schedule, with the parties to make best efforts to provide documents and interrogatory responses in advance of depositions. Each party shall be allowed 2 depositions, 10 document production requests, and 10 interrogatories. Discovery to be completed by 9/3/21. The parties shall contact that Court if they have any issues related to discovery. SO ORDERED. Signed by Judge Douglas R. Cole on 8/2/21. (sct)
July 29, 2021 Filing 6 Corporate Disclosure Statement by Defendant RailPros, Inc.. (Bennett, Rebecca)
July 28, 2021 Filing 5 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction originally filed on 7/20/2021 in Butler County Court of Common Pleas (Case No. CV 2021 07 1011) by Plaintiff National Railroad Safety Services, Inc. (kh)
July 28, 2021 Filing 4 COMPLAINT with JURY DEMAND against John D. Gallagher III, RailPros, Inc., originally filed on 7/20/2021 in Butler County Court of Common Pleas (Case No. CV 2021 07 1011) by National Railroad Safety Services, Inc. (kh)
July 28, 2021 If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kh)
July 27, 2021 Filing 3 NOTICE of Appearance by Medora Akers for Plaintiff National Railroad Safety Services, Inc. (Akers, Medora)
July 27, 2021 Filing 2 NOTICE of Appearance by Chad Robert Ziepfel for Plaintiff National Railroad Safety Services, Inc. (Ziepfel, Chad)
July 27, 2021 Filing 1 NOTICE OF REMOVAL from Butler County Court of Common Pleas, case number CV 2021 07 1011 ( Filing fee $ 402 paid - receipt number: AOHSDC-8421579), filed by RailPros, Inc., John D. Gallagher III. (Attachments: #1 Exhibit A - State Court Verified Complaint, #2 Exhibit B - Mtn. for TRO and Prel. Inj., #3 Exhibit C - [Proposed] Order granting Mtn. for TRO, #4 Exhibit D - Praecipe for Service on Gallagher, #5 Exhibit E - Praecipe for Service on RailPros, Inc., #6 Exhibit F - State Court Summons, #7 Exhibit G - Electronic Certified Mail Coversheet, #8 Exhibit H - Scheduling Order re Mtn. for TRO, #9 Civil Cover Sheet, #10 Supplemental Civil Cover Sheet) (Bennett, Rebecca)

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Plaintiff: National Railroad Safety Services, Inc.
Represented By: Chad Robert Ziepfel
Represented By: Medora Akers
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Defendant: John D. Gallagher III
Represented By: Rebecca J Bennett
Represented By: Collin K. Brodrick
Represented By: Robert C Petrulis
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Defendant: RailPros, Inc.
Represented By: Rebecca J Bennett
Represented By: Collin K. Brodrick
Represented By: Robert C Petrulis
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