Sompo Japan Nipponkoa Insurance, Inc. v. CSX Corp. et al
| Sompo Japan Nipponkoa Insurance, Inc. |
| Savage Industrial Rail Services, Inc., Savage Services Corp., CSX Transportation Inc, Savage Services Corporation and CSX Corp. |
| 2:2020cv06287 |
| December 8, 2020 |
| US District Court for the Southern District of Ohio |
| James L Graham |
| Chelsey M Vascura |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 70
NOTATION ORDER Granting #66 Motion for Leave to Appear Pro Hac Vice of John J. Sullivan as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Chelsey M. Vascura on 01/05/2021. (mdr)
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| Filing Fee Received re #66 Motion for Leave to Appear Pro Hac Vice of John J. Sullivan: $200. Receipt Number: 200COL064692. (ew) |
| Filing 69 Joint MOTION to Stay Cross Claims of Defendant CSX Transportation, Inc. by Defendant CSX Transportation Inc. (Carnes, James) |
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Filing 68
PRELIMINARY PRETRIAL ORDER: Initial Disclosures due by 3/1/2021; Defendants Savage Corporation and Savage Services Rail Services Inc's oral motion to reactivate its #43 Motion to Dismiss is GRANTED - only Section II of the Motion remains pending; Primary Expert due by 9/1/2021; Rebuttal Expert due by 10/1/2021; Discovery due by 11/1/2021; Dispositive motions due by 12/1/2021; Settlement Demand due by 4/15/2021; Response to Settlement Demand due by 4/30/2021; Case is referred to Mediation in 5/2021. Signed by Magistrate Judge Chelsey M. Vascura on 1/26/2021. (kk2)
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| Filing 67 Notice of Deficiency re: Related Document: #66 MOTION for Leave to Appear Pro Hac Vice (FILING FEE DUE) of John J. Sullivan filed by Sompo Japan Nipponkoa Insurance, Inc. Deficiency Deadline by 2/9/2021. (mdr) |
| Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Initial Pretrial Conference held on 1/26/2021. (agm) |
| Filing 66 MOTION for Leave to Appear Pro Hac Vice (FILING FEE DUE) of John J. Sullivan by Plaintiff Sompo Japan Nipponkoa Insurance, Inc.. (Attachments: #1 Exhibit A) (Ferris, David) |
| Filing 65 NOTICE of Appearance by David A Ferris for Plaintiff Sompo Japan Nipponkoa Insurance, Inc. (Ferris, David) |
| Filing 64 NOTICE of Appearance by James R Carnes for Defendant CSX Transportation Inc (Carnes, James) |
| Filing 63 RULE 26(f) REPORT by Defendants Savage Industrial Rail Services, Inc., Savage Services Corporation. (Cotter, Christopher) |
| Filing 62 NOTICE of Appearance by Christopher Edward Cotter, Bradley A. Wright and Nicholas A. Adair for Cross Defendant Savage Industrial Rail Services, Inc., Defendants Savage Industrial Rail Services, Inc., Savage Services Corporation (Cotter, Christopher) Modified to add additional counsel on 12/28/2020 (mdr). |
| Filing 61 NOTICE of Hearing: Initial Conference set for 1/26/2021 11:30 AM via Teleconference before Magistrate Judge Chelsey M. Vascura. (agm) |
| Filing 60 Case transferred in from District of Florida Middle; Case Number 3:19-cv-01154. Original file electronic copy of transfer order and docket sheet received. |
| Judge James L. Graham and Magistrate Judge Chelsey M. Vascura added. (er) |
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Filing 59
ORDER granting, in part, and denying without prejudice, in part, #43 Defendants, Savage Services Corporation's & Savage Industrial Rail Services, Inc.'s Motion to Dismiss Count II of Plaintiff's Second Amended Complaint and granting, in part, and denying without prejudice, in part #49 Defendants, Savage Services Corporation's & Savage Industrial Rail Services Inc.'s Motion to Dismiss CSX Transportation, Inc.'s Cross-Claim, or in the Alternative, Motion to Sever and to Transfer to Ohio Pursuant to 28 U.S.C. 1404(A). The Clerk of the Court is directed to sever Count Two of the Second Amended Complaint and the entirety of the CSXT Cross-Claim from the remainder of this action and transfer those matters to the Southern District of Ohio. The stay is lifted. On or before December 18, 2020, the parties remaining in this action shall confer and file a case management report. Signed by Judge Marcia Morales Howard on 12/3/2020. (JW) [Transferred from Florida Middle on 12/8/2020.]
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Filing 58
ORDER dismissing, without prejudice, CSX Transportation, Inc.'s cross-claim against Savage Services Corporation. The Clerk of the Court is directed to update the Court docket accordingly. Signed by Judge Marcia Morales Howard on 7/20/2020. (JW) [Transferred from Florida Middle on 12/8/2020.]
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| Filing 57 NOTICE of voluntary dismissal by CSX Transportation, Inc. (Steif, Andrew) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 56 NOTICE by CSX Transportation, Inc. re #49 MOTION to Dismiss CSX's Transportation Inc's Cross Claim or in the Alternative, Motion to Sever and to Transfer to Ohio Pursuant to 28 U.S.C. 1404(A) , #42 Answer to amended complaintCrossclaim (Steif, Andrew) [Transferred from Florida Middle on 12/8/2020.] |
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Filing 55
ENDORSED ORDER granting #54 CSX Transportation's unopposed motion for an extension of time to respond to #49 Savage Services and Savage Industrial Rail Services' motion to dismiss or sever and transfer. CSX Transportation must respond to the motion by July 17, 2020. Signed by Magistrate Judge Patricia Barksdale on July 8, 2020. (ASL) [Transferred from Florida Middle on 12/8/2020.]
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| Filing 54 MOTION for Extension of Time to File Response/Reply as to #49 MOTION to Dismiss CSX's Transportation Inc's Cross Claim or in the Alternative, Motion to Sever and to Transfer to Ohio Pursuant to 28 U.S.C. 1404(A) by CSX Transportation, Inc.. (Steif, Andrew) Motions referred to Magistrate Judge Patricia D. Barksdale. [Transferred from Florida Middle on 12/8/2020.] |
| Filing 53 MEMORANDUM in support re #43 Motion to Dismiss filed by Savage Industrial Rail Services, Inc, Savage Services Corporation. (Baumberger, Peter) [Transferred from Florida Middle on 12/8/2020.] |
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Filing 52
ENDORSED ORDER granting #51 CSX Transportation's unopposed motion for an extension of time to respond to #49 Savage Services and Savage Industrial Rail Services' motion to dismiss or sever and transfer. CSX Transportation must respond to the motion by July 7, 2020. Signed by Magistrate Judge Patricia D. Barksdale on 6/23/2020. (SEJ) [Transferred from Florida Middle on 12/8/2020.]
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| Filing 51 MOTION for Extension of Time to File Response by CSX Transportation, Inc. (Steif, Andrew) Motions referred to Magistrate Judge Patricia D. Barksdale. Modified on 6/19/2020 to edit text (PAM). [Transferred from Florida Middle on 12/8/2020.] |
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Filing 50
ORDER granting #47 Defendants, Savage Services Corporation's & Savage Industrial Rail Services, Inc.'s Motion for Leave to File a Reply to Plaintiff's Response in Opposition to Defendant's Motion to Dismiss Count II of Plaintiff's Second Amended Complaint. Reply due June 29, 2020, and shall not exceed five pages. Signed by Judge Marcia Morales Howard on 6/15/2020. (JW) [Transferred from Florida Middle on 12/8/2020.]
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| Filing 49 MOTION to Dismiss CSX's Transportation Inc's Cross Claim or in the Alternative, Motion to Sever and to Transfer to Ohio Pursuant to 28 U.S.C. 1404(A) by Savage Industrial Rail Services, Inc, Savage Services Corp.. (Attachments: #1 Exhibit A - Amended Declaration of Savage Industrial Rail Service)(Baumberger, Peter) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 48 RESPONSE to Motion re #47 MOTION for Miscellaneous Relief, specifically for Leave to File Reply to Plaintiff's Response in Opposition to Defendants' Motion to Dismiss Count II of Plaintiff's Second Amended Complaint and/or to Transfer the Case filed by Sompo Japan Nipponkoa Insurance, Inc.. (Black, Michael) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 47 MOTION for Miscellaneous Relief, specifically for Leave to File Reply to Plaintiff's Response in Opposition to Defendants' Motion to Dismiss Count II of Plaintiff's Second Amended Complaint by Savage Industrial Rail Services, Inc, Savage Services Corp.. (Baumberger, Peter) [Transferred from Florida Middle on 12/8/2020.] |
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Filing 46
ENDORSED ORDER granting #45 Savage Services Corporation and Savage Industrial Rail Services, Inc.'s unopposed motion for an extension of time to respond to #42 CSX Transportation, Inc.'s crossclaim. The defendants must respond to the crossclaim by June 12, 2020. For future filings, please see United States District Court, Middle District of Florida, Administrative Procedures for Electronic Filing, IV.A.4, which provides: "No proposed order... may be submitted unless authorized by the assigned judge." Signed by Magistrate Judge Patricia D. Barksdale on 6/3/2020. (SEJ) [Transferred from Florida Middle on 12/8/2020.]
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| Filing 45 MOTION for Extension of Time to File Response as to #42 Answer to amended complaint, Crossclaim by Savage Industrial Rail Services, Inc, Savage Services Corp. (Attachments: #1 Text of Proposed Order)(Baumberger, Peter) Motions referred to Magistrate Judge Patricia D. Barksdale. Modified on 6/3/2020 to edit text (PAM). [Transferred from Florida Middle on 12/8/2020.] |
| Filing 44 RESPONSE in Opposition re #43 MOTION to Dismiss Count II of Plaintiff's Second Amended Complaint and/or to Transfer teh Case filed by Sompo Japan Nipponkoa Insurance, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6A, #7 Exhibit 6B, #8 Exhibit 7, #9 Exhibit 8)(Black, Michael) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 43 MOTION to Dismiss Count II of Plaintiff's Second Amended Complaint by Savage Industrial Rail Services, Inc, Savage Services Corporation. (Attachments: #1 Exhibit A - Declaration of Savage Industrial Rail Services, Inc.)(Baumberger, Peter) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 42 ANSWER and affirmative defenses to #41 Amended Complaint To Count One, CROSSCLAIM against Savage Industrial Rail Services, Inc, Savage Services Corporation by CSX Transportation, Inc..(Steif, Andrew) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 41 SECOND AMENDED COMPLAINT against CSX Transportation, Inc., Savage Services Corp., Savage Industrial Rail Services, Inc filed by Sompo Japan Nipponkoa Insurance, Inc.(Black, Michael) Modified on 4/24/2020 to edit text (PAM). [Transferred from Florida Middle on 12/8/2020.] |
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Filing 40
ORDER granting #31 the plaintiff's motion for leave to amend the complaint. The plaintiff must file a second amended complaint by April 24, 2020. The defendants must respond to that complaint by May 14, 2020. #37 The plaintiff's motion for leave to file a reply is denied as moot. #18 , #20 The defendants' motions to dismiss are denied without prejudice. The stay ordered on February 24, 2020, is extended until the anticipated motions to dismiss are decided or further order. See Order for details. Signed by Magistrate Judge Patricia D. Barksdale on 4/21/2020. (SEJ) [Transferred from Florida Middle on 12/8/2020.]
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| Filing 39 Minute Entry. Proceedings held before Magistrate Judge Patricia D. Barksdale: MOTION HEARING held on 4/20/2020 re #31 Cross MOTION to Amend #8 Amended Complaint (for Leave) filed by Sompo Japan Nipponkoa Insurance, Inc., #37 Unopposed MOTION for Miscellaneous Relief, specifically for Leave to File Reply to the Response in Opposition of Defendant Savage Services Corporation ("Savage") #36 to Sompo's cross motion for leave to amend its complaint |
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Filing 38
ORDER setting a hearing to discuss the #31 , #37 , the plaintiff's motion for leave to amend the complaint and to file a reply to the response for 4/20/2020 at 02:00 PM in Jacksonville Courtroom 5B before Magistrate Judge Patricia D. Barksdale. Counsel must appear by telephone by calling (888) 684-8852 at least five minutes before the proceeding. The access code is 1103539; the security code is 0004. Counsel need not be prepared to address the arguments in #18 , #20 , the pending motions to dismiss. Signed by Magistrate Judge Patricia D. Barksdale on 4/10/2020. (ASL) [Transferred from Florida Middle on 12/8/2020.]
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| Filing 37 Unopposed MOTION for Miscellaneous Relief, specifically for Leave to File Reply to the Response in Opposition of Defendant Savage Services Corporation ("Savage") #36 to Sompo's cross motion for leave to amend its complaint by Sompo Japan Nipponkoa Insurance, Inc. (Black, Michael) Modified on 3/26/2020 to edit text and link (PAM). [Transferred from Florida Middle on 12/8/2020.] |
| Filing 36 RESPONSE in Opposition re #31 Cross MOTION to Amend #8 Amended Complaint (for Leave) filed by Savage Services Corp.. (Attachments: #1 Exhibit A)(Baumberger, Peter) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 35 NOTICE of compliance re 32 Order no pdf and Certificate Pursuant to Local Rule 3.01(g) Regarding Plaintiff's Cross Motion for Leave to Amend its Complaint by Sompo Japan Nipponkoa Insurance, Inc. (Black, Michael) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 34 NOTICE by CSX Transportation, Inc. of Intent Not To Seek Leave To File Reply (Steif, Andrew) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 33 NOTICE to counsel John J. Sullivan of Local Rule 2.02, Special Admission to Practice - Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; (Signed by Deputy Clerk). (RH) [Transferred from Florida Middle on 12/8/2020.] |
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Filing 32
ENDORSED ORDER directing the plaintiff to supplement #31 the cross motion for leave to amend the complaint with a certificate required by Local Rule 3.01(g). The supplement must be filed by March 13, 2020. Signed by Magistrate Judge Patricia D. Barksdale on 3/6/2020. (SEJ) [Transferred from Florida Middle on 12/8/2020.]
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| Filing 31 Cross MOTION to Amend #8 Amended Complaint (for Leave) by Sompo Japan Nipponkoa Insurance, Inc.. (Attachments: #1 Exhibit 1)(Black, Michael) Motions referred to Magistrate Judge Patricia D. Barksdale. [Transferred from Florida Middle on 12/8/2020.] |
| Filing 30 RESPONSE in Opposition re #20 MOTION to Dismiss Count I of Plaintiff's Amended Complaint and Motion to Strike filed by Sompo Japan Nipponkoa Insurance, Inc.. (Black, Michael) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 29 RESPONSE in Opposition re #18 MOTION to Dismiss First Amended Complaint filed by Sompo Japan Nipponkoa Insurance, Inc.. (Black, Michael) [Transferred from Florida Middle on 12/8/2020.] |
| ***PRO HAC VICE FEES paid by attorney John Sullivan, appearing on behalf of Sompo Japan Nipponkoa Insurance, Inc. (Filing fee $150 receipt number JAX032685.) Related document: #22 Unopposed MOTION for to appear pro hac vice. (AFC) [Transferred from Florida Middle on 12/8/2020.] |
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Filing 28
ORDER granting #27 Joint Motion for Brief Stay of Case Management Deadlines. All deadlines in this matter, with the exception of those related to the pending motions to dismiss, are stayed until May 26, 2020. Signed by Judge Marcia Morales Howard on 2/24/2020. (JW) [Transferred from Florida Middle on 12/8/2020.]
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| Filing 27 Joint MOTION to Stay Case Management Deadlines by CSX Transportation, Inc.. (Steif, Andrew) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 26 NOTICE regarding Defendant, Savage Services Corp's. Request to Transfer Under 28 U.S.C. 1404 (a) by CSX Transportation, Inc. re #20 MOTION to Dismiss Count I of Plaintiff's Amended Complaint and Motion to Strike (Steif, Andrew) Modified on 2/14/2020 to edit text (PAM). [Transferred from Florida Middle on 12/8/2020.] |
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Filing 25
ORDER granting #22 Michael Black's amended unopposed motion asking the Court to allow John Sullivan to specially appear to represent the plaintiff in this case and directing Mr. Sullivan to pay the required fee and register with the Court's electronic case filing (ECF) system by completing the E-Filer Registration Form. Signed by Magistrate Judge Patricia D. Barksdale on 2/10/2020. (ASL) [Transferred from Florida Middle on 12/8/2020.]
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Filing 24
ENDORSED ORDER granting #23 the plaintiff's unopposed motion for an extension of time to respond to #18 and #20 the defendants' motions to dismiss. The plaintiff must respond to the motions to dismiss by March 4, 2020. Signed by Magistrate Judge Patricia D. Barksdale on 2/10/2020. (SEJ) [Transferred from Florida Middle on 12/8/2020.]
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| Filing 23 Unopposed MOTION for Extension of Time to File Response to Both Motions to Dismiss , MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss Count I of Plaintiff's Amended Complaint and Motion to Strike, #18 MOTION to Dismiss First Amended Complaint by Sompo Japan Nipponkoa Insurance, Inc.. (Black, Michael) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 22 AMENDED Unopposed MOTION for to appear pro hac vice by Sompo Japan Nipponkoa Insurance, Inc.. (Black, Michael) Motions referred to Magistrate Judge Patricia D. Barksdale. Modified on 2/6/2020 to edit text (RH). [Transferred from Florida Middle on 12/8/2020.] |
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Filing 21
ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #17 Michael Black's motion asking the Court to allow John Sullivan to specially appear to represent the plaintiff in this case. For future filings, please see United States District Court, Middle District of Florida, Administrative Procedures for Electronic Filing, IV.A.4, which provides: "No proposed order... may be submitted unless authorized by the assigned judge." Signed by Magistrate Judge Patricia D. Barksdale on 2/3/2020. (ASL) [Transferred from Florida Middle on 12/8/2020.]
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| Filing 20 MOTION to Dismiss Count I of Plaintiff's Amended Complaint and Motion to Strike by Savage Services Corp.. (Attachments: #1 Exhibit)(Baumberger, Peter) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 19 NOTICE of Appearance by Peter S. Baumberger on behalf of Savage Services Corp. (Baumberger, Peter) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 18 MOTION to Dismiss First Amended Complaint by CSX Transportation, Inc.. (Steif, Andrew) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 17 MOTION for John J. Sullivan to appear pro hac vice by Sompo Japan Nipponkoa Insurance, Inc.. (Attachments: #1 Text of Proposed Order)(Black, Michael) Motions referred to Magistrate Judge Patricia D. Barksdale. [Transferred from Florida Middle on 12/8/2020.] |
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Filing 16
ENDORSED ORDER granting #15 CSX Transportation Inc.'s unopposed motion for an extension of time to respond to #8 the amended complaint. CSX Transportation must respond to #8 the amended complaint by January 30, 2020. Signed by Magistrate Judge Patricia Barksdale on January 9, 2020. (ASL) [Transferred from Florida Middle on 12/8/2020.]
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| Filing 15 Unopposed MOTION for Extension of Time to File Answer re #8 Amended Complaint by CSX Transportation, Inc.. (Steif, Andrew) Motions referred to Magistrate Judge Patricia D. Barksdale. [Transferred from Florida Middle on 12/8/2020.] |
| Filing 14 NOTICE of Appearance by Andrew Joshua Steif on behalf of CSX Transportation, Inc. (Steif, Andrew) [Transferred from Florida Middle on 12/8/2020.] |
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Filing 13
ENDORSED ORDER granting #12 Savage Services Corp.'s unopposed motion for an extension of time to respond to #8 the amended complaint. Savage Services must respond to #8 the amended complaint by January 30, 2020. For future filings, please see United States District Court, Middle District of Florida, Administrative Procedures for Electronic Filing, IV.A.4, which provides: "No proposed order... may be submitted unless authorized by the assigned judge." Signed by Magistrate Judge Patricia Barksdale on January 7, 2020. (ASL) [Transferred from Florida Middle on 12/8/2020.]
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| Filing 12 MOTION for Extension of Time to File Response/Reply as to #8 Amended Complaint by Savage Services Corp.. (Attachments: #1 Text of Proposed Order)(Baumberger, Peter) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 11 SUMMONS issued as to CSX Transportation, Inc., Savage Services Corp.. (BD) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 10 PROPOSED summons to be issued by Sompo Japan Nipponkoa Insurance, Inc.. (Black, Michael) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 9 PROPOSED summons to be issued by Sompo Japan Nipponkoa Insurance, Inc.. (Black, Michael) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 8 AMENDED COMPLAINT against CSX Transportation, Inc., Savage Services Corp. filed by Sompo Japan Nipponkoa Insurance, Inc..(Black, Michael) [Transferred from Florida Middle on 12/8/2020.] |
| Set/reset deadlines/hearings: Amended Complaint due by 10/31/2019 (RH) [Transferred from Florida Middle on 12/8/2020.] |
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Filing 7
ORDER striking Plaintiff's #1 Complaint. Plaintiff shall file an amended complaint on or before October 31, 2019. Please see Order for details. Signed by Judge Marcia Morales Howard on 10/17/2019. (MMG) [Transferred from Florida Middle on 12/8/2020.]
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| Filing 6 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 10/17/2019. (Attachments: #1 Case Management Report Form, #2 Consent Letter and Form)(JW) Modified on 10/21/2019 (STRICKEN per Order doc #7 ) (RH). [Transferred from Florida Middle on 12/8/2020.] |
| Filing 5 Case Reassigned to Judge Marcia Morales Howard. New case number: 3:19-cv-1154-J-34PDB. Senior Judge Harvey E. Schlesinger no longer assigned to the case. (SJW) [Transferred from Florida Middle on 12/8/2020.] |
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Filing 4
ORDER of recusal; directing the Clerk to reassign this case in accordance with standard assignment procedures. Signed by Senior Judge Harvey E. Schlesinger on 10/10/2019. (MGG) [Transferred from Florida Middle on 12/8/2020.]
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| Filing 3 NOTICE by Sompo Japan Nipponkoa Insurance, Inc. of Filing Civil Cover Sheet (Attachments: #1 Civil Cover Sheet)(Black, Michael) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 2 NEW CASE ASSIGNED to Senior Judge Harvey E. Schlesinger and Magistrate Judge Patricia D. Barksdale. New case number: 3:19-cv-1154-J-20PDB. (SJB) [Transferred from Florida Middle on 12/8/2020.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 113A-16005754) filed by Sompo Japan Nipponkoa Insurance Inc..(Black, Michael) [Transferred from Florida Middle on 12/8/2020.] |
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