Brewer v. Lycoming Valley Railroad et al
Plaintiff: Wayne Brewer
Defendant: Lycoming Valley Railroad and North Shore Railroad & Affiliates
Case Number: 4:2021cv00399
Filed: March 3, 2021
Court: US District Court for the Middle District of Pennsylvania
Presiding Judge: Matthew W Brann
Nature of Suit: Federal Employer's Liability
Cause of Action: 45 U.S.C. § 51 Railways: Fed. Employer's Liability Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 26, 2022 Opinion or Order Filing 65 SCHEDULING ORDER: IT IS HEREBY ORDERED that the Daubert hearing scheduled for 8/8/2022 at 10:00 a.m. is CANCELLED. Signed by Chief Judge Matthew W. Brann on 7/26/2022. (jr)
July 18, 2022 Filing 64 Letter from Pltf Regarding Settlement . (Crawford, Elizabeth)
June 22, 2022 Opinion or Order Filing 63 SCHEDULING ORDER: Daubert Hearing scheduled for 6/29/2022 is RESCHEDULED for 8/8/2022 at 10:00 AM in Williamsport - Courtroom 1 before Chief Judge Matthew W. Brann. All other portions of the Court's Order of 5/18/2022, shall remain in effect. Signed by Chief Judge Matthew W. Brann on 6/22/2022. (jr)
June 17, 2022 Filing 62 Joint MOTION to Continue the Daubert Hearing Currently Scheduled for June 29, 2022 by Lycoming Valley Railroad, North Shore Railroad & Affiliates. (Attachments: #1 Proposed Order)(Staudenmaier, Craig)
May 27, 2022 Filing 61 RESPONSE by Lycoming Valley Railroad, North Shore Railroad & Affiliates to #44 Brief in Opposition, to the Motion in Limine to Exclude Expert Testimony of George A. Gavalla. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Staudenmaier, Craig)
May 27, 2022 Filing 60 RESPONSE by Lycoming Valley Railroad, North Shore Railroad & Affiliates to #55 Brief in Opposition to the Motion in Limine to Exclude Expert Testimony of Richard F. Thomas. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Staudenmaier, Craig)
May 27, 2022 Filing 59 RESPONSE by Lycoming Valley Railroad, North Shore Railroad & Affiliates to #42 Brief in Opposition, to the Motion in Limine to Exclude Expert Testimony of D. Joe Lydick. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Staudenmaier, Craig)
May 18, 2022 Opinion or Order Filing 58 SCHEDULING ORDER - IT IS HEREBY ORDERED that a Daubert Hearing is scheduled for 6/29/2022 at 10:00 AM in Williamsport - Courtroom 1 before Chief Judge Matthew W. Brann. IT IS FURTHER ORDERED that the case is REMOVED from the July 2022 trial list and the final pretrial conference scheduled for 5/23/2022 is CANCELLED and will be rescheduled, if necessary, upon the resolution of the pending motions. (See Order for further details.) Signed by Chief Judge Matthew W. Brann on 5/18/2022. (jr)
May 16, 2022 Filing 56 RESPONSE by Wayne Brewer to #28 MOTION in Limine to Exclude Expert Testimony of Richard E. Thomas . (Attachments: #1 Proposed Order Order)(Crawford, Elizabeth)
May 16, 2022 Filing 55 BRIEF IN OPPOSITION re #28 MOTION in Limine to Exclude Expert Testimony of Richard E. Thomas filed by Wayne Brewer.(Crawford, Elizabeth)
May 16, 2022 Filing 54 Proposed Jury Instructions by Lycoming Valley Railroad, North Shore Railroad & Affiliates. (Staudenmaier, Craig)
May 16, 2022 Filing 53 RESPONSE by Lycoming Valley Railroad, North Shore Railroad & Affiliates to #20 MOTION in Limine to Preclude Irrelevant and Unfairly Prejudicial Evidence Regarding Plaintiff's Family . (Staudenmaier, Craig)
May 16, 2022 Filing 52 RESPONSE by Lycoming Valley Railroad, North Shore Railroad & Affiliates to #23 MOTION in Limine to Preclude Irrelevant and Unfairly Prejudicial Character Evidence . (Staudenmaier, Craig)
May 16, 2022 Filing 51 BRIEF IN OPPOSITION re #18 MOTION in Limine to Preclude Collateral Source Evidence filed by Lycoming Valley Railroad, North Shore Railroad & Affiliates. (Attachments: #1 Exhibit(s) A)(Staudenmaier, Craig)
May 16, 2022 Filing 50 RESPONSE by Lycoming Valley Railroad, North Shore Railroad & Affiliates to #18 MOTION in Limine to Preclude Collateral Source Evidence . (Attachments: #1 Proposed Order)(Staudenmaier, Craig)
May 16, 2022 Filing 49 BRIEF IN OPPOSITION re #22 MOTION in Limine to Preclude Irrelevant and Unfairly Prejudicial Evidence Regarding Plaintiff filed by Lycoming Valley Railroad, North Shore Railroad & Affiliates. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I)(Staudenmaier, Craig)
May 16, 2022 Filing 48 RESPONSE by Lycoming Valley Railroad, North Shore Railroad & Affiliates to #22 MOTION in Limine to Preclude Irrelevant and Unfairly Prejudicial Evidence Regarding Plaintiff . (Attachments: #1 Proposed Order)(Staudenmaier, Craig)
May 16, 2022 Filing 47 BRIEF IN OPPOSITION re #21 MOTION in Limine to Preclude References to the February 13, 2020 Toxicology Screen filed by Lycoming Valley Railroad, North Shore Railroad & Affiliates. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I)(Staudenmaier, Craig)
May 16, 2022 Filing 46 RESPONSE by Lycoming Valley Railroad, North Shore Railroad & Affiliates to #21 MOTION in Limine to Preclude References to the February 13, 2020 Toxicology Screen . (Attachments: #1 Proposed Order)(Staudenmaier, Craig)
May 16, 2022 Filing 45 BRIEF IN OPPOSITION re #19 MOTION in Limine to Preclude Defense Experts' Misleading and Unreliable Reconstructions filed by Lycoming Valley Railroad, North Shore Railroad & Affiliates. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Staudenmaier, Craig)
May 16, 2022 Filing 44 BRIEF IN OPPOSITION re #26 MOTION in Limine to Exclude Expert Testimony of George A. Gavalla filed by Wayne Brewer. (Attachments: #1 Response in Opposition to MIL to Exclude Expert Testimony of George Gavalla, #2 Proposed Order Order)(Crawford, Elizabeth)
May 16, 2022 Filing 43 RESPONSE by Lycoming Valley Railroad, North Shore Railroad & Affiliates to #19 MOTION in Limine to Preclude Defense Experts' Misleading and Unreliable Reconstructions . (Attachments: #1 Proposed Order)(Staudenmaier, Craig)
May 16, 2022 Filing 42 BRIEF IN OPPOSITION re #24 MOTION in Limine to Exclude Expert Testimony of D. Joe Lydick filed by Wayne Brewer. (Attachments: #1 Response in Opposition to MIL to Exclude Expert Testimony of Lydick, #2 Proposed Order Order, #3 Exhibit(s) Exhibit A, #4 Exhibit(s) Exhibit B)(Crawford, Elizabeth)
May 16, 2022 Filing 41 PRETRIAL MEMORANDUM by Wayne Brewer. (Crawford, Elizabeth)
May 16, 2022 Filing 40 Proposed Voir Dire by Lycoming Valley Railroad, North Shore Railroad & Affiliates. (Staudenmaier, Craig)
May 16, 2022 Filing 39 PRETRIAL MEMORANDUM by Lycoming Valley Railroad, North Shore Railroad & Affiliates. (Attachments: #1 Appendix Exhibit List, #2 Appendix Special Verdict Questions)(Staudenmaier, Craig)
May 16, 2022 Filing 38 Proposed Voir Dire by Wayne Brewer. (Stern, Andrew J.)
May 16, 2022 Filing 37 POINTS FOR CHARGE by Wayne Brewer.. (Stern, Andrew J.)
May 5, 2022 Opinion or Order Filing 36 SCHEDULING ORDER: Telephone Status Conference scheduled for 5/16/2022 at 2:30 PM before Chief Judge Matthew W. Brann. (See Order for further details.) Signed by Chief Judge Matthew W. Brann on 5/5/2022. (jr)
May 4, 2022 Filing 35 BRIEF IN SUPPORT re #21 MOTION in Limine to Preclude References to the February 13, 2020 Toxicology Screen filed by Wayne Brewer.(Stern, Andrew J.)
May 4, 2022 Filing 34 BRIEF IN SUPPORT re #20 MOTION in Limine to Preclude Irrelevant and Unfairly Prejudicial Evidence Regarding Plaintiff's Family filed by Wayne Brewer.(Stern, Andrew J.)
May 4, 2022 Filing 33 BRIEF IN SUPPORT re #19 MOTION in Limine to Preclude Defense Experts' Misleading and Unreliable Reconstructions filed by Wayne Brewer.(Stern, Andrew J.)
May 4, 2022 Filing 32 BRIEF IN SUPPORT re #18 MOTION in Limine to Preclude Collateral Source Evidence filed by Wayne Brewer.(Stern, Andrew J.)
May 4, 2022 Filing 31 BRIEF IN SUPPORT re #23 MOTION in Limine to Preclude Irrelevant and Unfairly Prejudicial Character Evidence filed by Wayne Brewer.(Stern, Andrew J.)
May 4, 2022 Filing 30 BRIEF IN SUPPORT re #22 MOTION in Limine to Preclude Irrelevant and Unfairly Prejudicial Evidence Regarding Plaintiff filed by Wayne Brewer.(Stern, Andrew J.)
May 4, 2022 DOCKET ANNOTATION: Attorney Stern is instructed to refile the briefs in support of motions in limine using the correct event Motions and Related Filings > Responses and Replies(Briefs) > Brief in support; Each brief in support needs to be filed as a separate entry on the docket. Please do not refile the motions. (jr)
May 2, 2022 Filing 29 BRIEF IN SUPPORT re #28 MOTION in Limine to Exclude Expert Testimony of Richard E. Thomas filed by Lycoming Valley Railroad, North Shore Railroad & Affiliates. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F)(Staudenmaier, Craig)
May 2, 2022 Filing 28 MOTION in Limine to Exclude Expert Testimony of Richard E. Thomas by Lycoming Valley Railroad, North Shore Railroad & Affiliates. (Attachments: #1 Certificate of Concurrence, #2 Proposed Order)(Staudenmaier, Craig)
May 2, 2022 Filing 27 BRIEF IN SUPPORT re #26 MOTION in Limine to Exclude Expert Testimony of George A. Gavalla filed by Lycoming Valley Railroad, North Shore Railroad & Affiliates. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F, #7 Exhibit(s) Exhibit G, #8 Exhibit(s) Exhibit H)(Staudenmaier, Craig)
May 2, 2022 Filing 26 MOTION in Limine to Exclude Expert Testimony of George A. Gavalla by Lycoming Valley Railroad, North Shore Railroad & Affiliates. (Attachments: #1 Certificate of Nonconcurrence, #2 Proposed Order)(Staudenmaier, Craig)
May 2, 2022 Filing 25 BRIEF IN SUPPORT re #24 MOTION in Limine to Exclude Expert Testimony of D. Joe Lydick filed by Lycoming Valley Railroad, North Shore Railroad & Affiliates. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F)(Staudenmaier, Craig)
May 2, 2022 Filing 24 MOTION in Limine to Exclude Expert Testimony of D. Joe Lydick by Lycoming Valley Railroad, North Shore Railroad & Affiliates. (Attachments: #1 Certificate of Nonconcurrence, #2 Proposed Order)(Staudenmaier, Craig)
May 2, 2022 Filing 23 MOTION in Limine to Preclude Irrelevant and Unfairly Prejudicial Character Evidence by Wayne Brewer. (Attachments: #1 Proposed Order Order, #2 Certificate of Nonconcurrence Certificate of Non Concurrence, #3 Memo Memo of Law, #4 Certificate of Service Certificate of Service, #5 Exhibit(s) Exhibit A, #6 Exhibit(s) Exhibit B, #7 Exhibit(s) Exhibit C)(Stern, Andrew J.)
May 2, 2022 Filing 22 MOTION in Limine to Preclude Irrelevant and Unfairly Prejudicial Evidence Regarding Plaintiff by Wayne Brewer. (Attachments: #1 Proposed Order Order, #2 Certificate of Nonconcurrence Certificate of Non Concurrence, #3 Memo Memo of Law, #4 Certificate of Service Certificate of Service, #5 Exhibit(s) Exhibit A, #6 Exhibit(s) Exhibit B, #7 Exhibit(s) Exhibit C, #8 Exhibit(s) Exhibit D, #9 Exhibit(s) Exhibit E, #10 Exhibit(s) Exhibit F)(Stern, Andrew J.)
May 2, 2022 Filing 21 MOTION in Limine to Preclude References to the February 13, 2020 Toxicology Screen by Wayne Brewer. (Attachments: #1 Proposed Order Order, #2 Certificate of Nonconcurrence Certificate of Non Concurrence, #3 Memo Memo of Law, #4 Certificate of Service Certificate of Service, #5 Exhibit(s) Exhibit A, #6 Exhibit(s) Exhibit B)(Stern, Andrew J.)
May 2, 2022 Filing 20 MOTION in Limine to Preclude Irrelevant and Unfairly Prejudicial Evidence Regarding Plaintiff's Family by Wayne Brewer. (Attachments: #1 Proposed Order Order, #2 Certificate of Nonconcurrence Certificate of Non Concurrence, #3 Memo Memo of Law, #4 Certificate of Service Certificate of Service, #5 Exhibit(s) Exhibit A, #6 Exhibit(s) Exhibit B, #7 Exhibit(s) Exhibit C, #8 Exhibit(s) Exhibit D)(Stern, Andrew J.)
May 2, 2022 Filing 19 MOTION in Limine to Preclude Defense Experts' Misleading and Unreliable Reconstructions by Wayne Brewer. (Attachments: #1 Proposed Order Order, #2 Certificate of Nonconcurrence Certificate of Non Concurrence, #3 Memo Memo of Law, #4 Certificate of Service Certificate of Service, #5 Exhibit(s) Exhibit A, #6 Exhibit(s) Exhibit B)(Stern, Andrew J.)
May 2, 2022 Filing 18 MOTION in Limine to Preclude Collateral Source Evidence by Wayne Brewer.(Stern, Andrew J.)
December 29, 2021 Opinion or Order Filing 17 ORDER granting #16 Motion for Extension of Time. IT IS HEREBY ORDERED that the expert report deadlines are extended regarding the above captioned matter, and the new dates are as follows: Plaintiff's expert reports are due 2/23/2022. Defendants' expert reports are due 3/24/2022. Supplemental and rebuttal reports are due 4/15/2022. All other deadlines in this Court's 4/28/2021 Case Management Order remain unchanged. Signed by Chief Judge Matthew W. Brann on 12/28/2021. (jr)
December 23, 2021 Filing 16 MOTION for Extension of Time to Complete Discovery Expert Reports by Wayne Brewer. (Attachments: #1 Proposed Order Order, #2 Certificate of Concurrence Certificate of Concurrence)(Stern, Andrew J.)
December 8, 2021 Opinion or Order Filing 15 ORDER granting #14 Motion to Extend Time. IT IS HEREBY ORDERED that the expert report deadlines are extended as follows: Plaintiff Expert Report is due by 1/24/2022. Defendant Expert Report is due by 2/23/2022. Supplemental and rebuttal reports are due 3/16/2022. All other deadlines in this Court's 4/28/2021 Case Management Order remain unchanged. Signed by Chief Judge Matthew W. Brann on 12/8/2021. (jr)
December 8, 2021 Filing 14 First MOTION for Extension of Time to 30 Days for Plt & Def Expert Reports by Wayne Brewer. (Attachments: #1 Proposed Order, #2 Certificate of Concurrence)(Stern, Andrew J.)
July 12, 2021 DOCKET ANNOTATION: Clerk notified attorney Seth Britten to update his email account through Pacer.uscourts.gov. Current email is incorrect. (lg)
July 9, 2021 Filing 13 NOTICE of Appearance by Seth Britten on behalf of Wayne Brewer (Britten, Seth)
April 28, 2021 Opinion or Order Filing 12 ORDER - STANDARD CASE MANAGEMENT TRACK: Following an Initial Case Management conference, the following dates apply to this case: Discovery due by 12/15/2021. Plaintiff Expert Report is due by 12/23/2021. Defendant Expert Report is due by 1/24/2022. Dispositive Motions due by 2/21/2022. Expert Discovery Deadline is due by 5/2/2022. Pretrial Memos due by 5/16/2022. Final Pretrial Conference scheduled for 5/23/2022 in Chambers before Honorable Matthew W. Brann. Case placed on July 2022 trial term. (See Order for further details.) Signed by Honorable Matthew W. Brann on 4/28/2021. (jr)
April 9, 2021 Filing 10 CASE MANAGEMENT PLAN by Wayne Brewer. (Stern, Andrew J.)
March 25, 2021 Opinion or Order Filing 9 SCHEDULING ORDER: Telephonic Initial Case Management Conference scheduled for 4/23/2021 at 2:00 PM before Honorable Matthew W. Brann. (See Order for further details.) Signed by Honorable Matthew W. Brann on 3/25/2021. (jr)
March 24, 2021 Filing 8 ANSWER to #1 Complaint with Affirmative Defenses by Lycoming Valley Railroad, North Shore Railroad & Affiliates.(Staudenmaier, Craig)
March 10, 2021 Filing 7 WAIVER OF SERVICE Returned by Wayne Brewer. All Defendants. (Stern, Andrew J.)
March 10, 2021 Filing 6 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by North Shore Railroad & Affiliates identifying Corporate Parent Susquehanna Union Railroad Company for North Shore Railroad & Affiliates. (Staudenmaier, Craig)
March 10, 2021 Filing 5 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Lycoming Valley Railroad identifying Corporate Parent Susquehanna Union Railroad Company for Lycoming Valley Railroad. (Staudenmaier, Craig)
March 10, 2021 Filing 4 NOTICE of Appearance by Craig J. Staudenmaier on behalf of Lycoming Valley Railroad, North Shore Railroad & Affiliates (Staudenmaier, Craig)
March 8, 2021 Filing 3 Letter to Counsel Re: Case Assignment and Procedures. (See Letter for further details.) Signed by Honorable Matthew W. Brann on 3/8/2021. (jr)
March 4, 2021 Filing 2 Summons Issued as to Lycoming Valley Railroad, North Shore Railroad & Affiliates and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (nr)
March 3, 2021 Filing 1 COMPLAINT against Lycoming Valley Railroad, North Shore Railroad & Affiliates ( Filing fee $402, Receipt Number 5499965), filed by Wayne Brewer. (Attachments: #1 Civil Cover Sheet)(nr)

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Defendant: Lycoming Valley Railroad
Represented By: Craig J. Staudenmaier
Represented By: Jennifer L. Bruce
Represented By: Joshua D. Bonn
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Defendant: North Shore Railroad & Affiliates
Represented By: Craig J. Staudenmaier
Represented By: Jennifer L. Bruce
Represented By: Joshua D. Bonn
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Plaintiff: Wayne Brewer
Represented By: Andrew J. Stern
Represented By: Elizabeth Crawford
Represented By: Seth Britten
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