SPANO v. CSX TRANSPORTATION, INC.
| SPANO and THOMAS SPANO |
| CSX TRANSPORTATION, INC. |
| 3:2016cv00245 |
| November 18, 2016 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Somerset |
| Kim R Gibson |
| Federal Employer's Liability |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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Filing 46
ORDER FOR STATISTICAL CLOSING. The Clerk can mark this matter closed for administrative purposes, without prejudice to any party filing any appropriate motion in the event further action is necessary. The Court retains jurisdiction to enforce the settlement agreement and any matter ancillary thereto. Signed by Magistrate Judge Keith A. Pesto on 2/22/2018. (plp)
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| Filing 45 Minute Entry for proceedings held before Magistrate Judge Keith A. Pesto: Early Neutral Evaluation Conference held on 2/22/2018. Case settled. (plp) |
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Filing 44
FINAL SCHEDULLING ORDER: The parties shall file motions for summary judgment, if appropriate, on or before 5/15/2018. The nonmoving party's response to the motion for summary judgment is due on 6/15/2018. No further briefing is allowed without leave of court, and as more fully stated in said Final Scheduling Order. Signed by Judge Kim R. Gibson on 2/12/2018. (dlg)
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| Filing 43 Minute Entry for proceedings held before Judge Kim R. Gibson: A Post-Discovery Status Conference was held with counsel appearing telephonically on 2/12/2018. The Conference began with counsel entering their appearances. Next, the Court asked counsel to provide a brief description of their respective positions. The Court noted that the Court had recently issued a memorandum opinion denying Plaintiff's partial motion for summary judgment and asked counsel how they would like to proceed. Attorney Palmero stated that from the Plaintiff's perspective the case is ready for trial and asked the Court to enter a trial order. Attorney Smith responded that Defendant intends to move for summary judgment and asked the Court to enter the Proposed Final Scheduling Order. Attorney Smith noted that Defendant still has two depositions to take and further noted that the early-neutral evaluation is scheduled for later this month, and as more fully stated in said Conference Memo. (Court Reporter: None) (dlg) |
| Filing 42 Proposed Final Scheduling Order by CSX TRANSPORTATION, INC. (Smith, Kendra) Modified on 2/9/2018. (cel) |
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Filing 41
MEMORANDUM OPINION AND ORDER denying #32 Motion for Partial Summary Judgment, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 2/1/2018. (dlg)
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| NOTICE of Hearing: The Post-Discovery Status Conference scheduled for 2:00 PM on 2/12/2018 is RESCHEDULED to 1:30 PM on 2/12/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg) |
| NOTICE of Hearing: Early Neutral Evaluation set for 2/22/2018 at 11:00 AM before U.S. Magistrate Judge Keith A. Pesto, Penn Traffic Building, 319 Washington Street, Room 206, Johnstown, PA. This is a text-only entry, no PDF document will issue. (plp) |
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Filing 40
MEMORANDUM OPINION AND ORDER denying #38 Motion for Protective Order, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 12/19/2017. (dlg) Modified on 12/19/2017. (dlg)
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| Filing 39 RESPONSE to Motion re #38 MOTION for Protective Order filed by THOMAS SPANO. (Attachments: #1 Proposed Order) (Palermo, Don) |
| Filing 38 MOTION for Protective Order by CSX TRANSPORTATION, INC.. (Attachments: #1 Proposed Order) (Smith, Kendra) |
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Filing 37
ORDER OF COURT granting #36 Motion for Extension of Time to Complete Discovery. Fact discovery shall be completed on or before December 24, 2017. A Post-Discovery Status Conference shall be held on February 12, 2018, at 2:00 PM. The ENE conference shall be concluded by February 28, 2018. Plaintiff's expert report(s) shall be due on or before December 30, 2017. Defendant's expert report(s) shall be due on or before February 15, 2018. Depositions of Plaintiffs expert(s) shall be completed by March 30, 2018. Depositions of Defendant's expert(s) shall be completed by April 15, 2018. The parties shall complete all expert discovery by April 15, 2018. The Initial Scheduling Order and Order Referring Case to Alternative Dispute Resolution shall be modified to reflect these changes. Signed by Judge Kim R. Gibson on 11/13/2017. (dlg)
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| Filing 36 MOTION for Extension of Time to Complete Discovery by CSX TRANSPORTATION, INC.. (Attachments: #1 Proposed Order) (Smith, Kendra) |
| Filing 35 BRIEF in Opposition re #32 Motion for Partial Summary Judgment, filed by CSX TRANSPORTATION, INC.. (Smith, Kendra) |
| Filing 34 RESPONSIVE CONCISE STATEMENT OF MATERIAL FACTS re: #32 Motion for Partial Summary Judgment filed by CSX TRANSPORTATION, INC. (Attachments: #1 Exhibit) (Smith, Kendra) Modified on 10/20/2017. (cel) |
| Filing 33 BRIEF in Support re #32 Motion for Partial Summary Judgment, filed by THOMAS SPANO. This document was previously filed electronically. (cel) |
| Filing 32 MOTION for Partial Summary Judgment by THOMAS SPANO. (Palermo, Don) (Main Document 32 replaced on 9/20/2017) (cel). (Additional attachment(s) added on 9/20/2017: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B) (cel). Documents were scanned as one document; Clerk of Court filed as separate attachments. Attorney notified via telephone on 8/20/17; Modified on 9/20/2017. (cel) |
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Filing 31
ORDER granting #30 Motion to Extend Discovery Deadline and the case deadlines are amended as set forth in the motion. It is further Ordered that the Post-Discovery Status Conference is rescheduled for 12/11/2017, at 2:30 p.m. Signed by Judge Kim R. Gibson on 8/28/2017. (dlg)
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| Filing 30 MOTION for Extension of Time to Complete Discovery by CSX TRANSPORTATION, INC.. (Attachments: #1 Proposed Order) (Smith, Kendra) |
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Filing 29
MEMORANDUM OPINION AND ORDER denying #19 Motion for Discovery; denying #22 Motion for Protective Order; granting in part and denying in part #23 Motion for Discovery; denying #24 Motion for Discovery. Specifically, Defendant is ordered to allow Plaintiff to visit and inspect the train without a release. Defendant, may, however, require a release if Plaintiff intends to perform a reenactment of the alleged injury, and if the release is limited only to the reenactment, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 8/3/2017. (dlg)
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| Filing 28 NOTICE of Change of Address by Joseph C. Devine (Devine, Joseph) |
| Filing 27 RESPONSE to Motion re #24 First MOTION for Discovery to Compel Personnel File filed by CSX TRANSPORTATION, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Smith, Kendra) |
| Filing 26 RESPONSE to Motion re #23 First MOTION for Discovery to compel site inspection without waiver filed by CSX TRANSPORTATION, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Smith, Kendra) |
| Filing 25 REPLY to #22 Motion for Protective Order filed by THOMAS SPANO. (Attachments: #1 Proposed Order) (Palermo, Don) Modified on 5/9/2017. (cel) |
| Filing 24 First MOTION for Discovery to Compel Personnel File by THOMAS SPANO. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (Palermo, Don) Modified on 5/9/2017. (cel) |
| Filing 23 First MOTION for Discovery to compel site inspection without waiver by THOMAS SPANO. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Palermo, Don) Modified on 5/9/2017. (cel) |
| Filing 22 MOTION for Protective Order by CSX TRANSPORTATION, INC.. (Attachments: #1 Proposed Order) (Smith, Kendra) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #21 Motion for Disclosure. ERROR: Wrong event selected. This message is for informational purposes only. (cel) |
| Filing 21 INITIAL DISCLOSURES PURSUANT TO RULE 26(a) by THOMAS SPANO. (Palermo, Don) Modified on 3/21/2017. (cel) |
| Filing 20 RESPONSE IN OPPOSITION to Plaintiff's #19 Motion for Leave to Propound Additional Interrogatories filed by CSX TRANSPORTATION, INC. (Smith, Kendra) Modified on 3/13/2017. (cel) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #19 Motion for Discovery. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney is advised that, in the future, proposed orders are to be made attachments to the main document. This message is for informational purposes only. (cel) |
| Filing 19 MOTION for Leave to Propound Additional Interrogatories by THOMAS SPANO. (Palermo, Don) Modified on 3/21/2017. (cel) |
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Filing 18
ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION - Early Neutral Evaluation. Magistrate Judge Keith A. Pesto added as Early Neutral Evaluator. The ENE Conference shall be concluded by 10/31/2017, and as more fully stated in said Order Referring Case to ADR. Signed by Judge Kim R. Gibson on 3/2/2017. (dlg)
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Filing 17
INITIAL SCHEDULING ORDER: Amended Pleadings due by 4/17/2017. Joinder of Parties due by 4/17/2017. The parties shall complete all fact discovery by 9/1/2017. Expert Discovery to be completed by 12/15/2017. A Post-Discovery Status Conference is set for 10/13/2017, at 11:00 AM before Judge Kim R. Gibson, and as more fully stated in said Initial Scheduling Order. Signed by Judge Kim R. Gibson on 3/2/2017. (dlg)
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| Filing 16 Minute Entry for proceedings held before Judge Kim R. Gibson: An Initial Rule 16 Scheduling Conference was held with counsel appearing telephonically on 3/2/2017. The Court noted that counsel had filed all the appropriate documents and began by reviewing the proposed Initial Scheduling Order. Counsel indicated they were in agreement as to all proposed dates. The Court stated it would enter the Scheduling Order. Next, the Court noted that counsel had selected ENE for their ADR method but had not yet chosen a neutral. Attorney Smith indicated that the parties would prefer the Court to select a neutral. The Court asked whether the parties would have any objection to Magistrate Judge Pesto doing the ENE. All counsel indicated they had no objection. Attorney Smith also advised that the parties would like to do the ENE after fact discovery is completed, which is set to conclude September 1, 2017. The Court indicated it would give the parties until October 31, 2017, to complete their ENE, and as more fully stated in said Conference Memo. (Court Reporter: None) (dlg) |
| Filing 15 NOTICE of Appearance by Kendra L. Smith on behalf of CSX TRANSPORTATION, INC.. (Smith, Kendra) |
| NOTICE of Hearing: The Initial Case Management Conference scheduled for 3/3/2017 is RESCHEDULED to 3/2/2017, at 2:00 PM before Judge Kim R. Gibson. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg) |
| Filing 14 STIPULATION selecting ADR process by CSX TRANSPORTATION, INC.. (Devine, Joseph) |
| Filing 13 Proposed Initial Scheduling Order by CSX TRANSPORTATION, INC.. (Devine, Joseph) |
| Filing 12 REPORT of Rule 26(f) Planning Meeting. (Devine, Joseph) |
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Filing 11
ORDER - An Initial Case Management Conference shall be held on March 3, 2017 at 2:00 p.m., and as more fully stated in said Order of Court. Signed by Judge Kim R. Gibson on 2/3/2017. (Attachments: (1) Exhibit "A" Stipulation Selecting ADR Process, (2) Exhibit "B" Fed.R.Civ.P. 26(f) Report). (krh)
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| Filing 10 Disclosure Statement identifying CSX Corporation as corporate parent or other affiliate, by CSX TRANSPORTATION, INC.. (Devine, Joseph) |
| Filing 9 ANSWER to #1 Complaint, by CSX TRANSPORTATION, INC.. (Devine, Joseph) |
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Filing 8
ORDER granting #4 Motion for Samuel E. Endicott to Appear Pro Hac Vice. Signed by Judge Kim R. Gibson on 1/30/2017. (dlg)
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Filing 7
ORDER granting #3 Motion for Joseph C. Devine to Appear Pro Hac Vice. Signed by Judge Kim R. Gibson on 1/30/2017. (dlg)
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| Filing 6 Proposed Order re #4 Motion to Appear Pro Hac Vice by CSX TRANSPORTATION, INC.. (Endicott, Samuel) |
| Filing 5 Proposed Order re #3 Motion to Appear Pro Hac Vice by CSX TRANSPORTATION, INC.. (Devine, Joseph) |
| Filing 4 MOTION for attorney Samuel E. Endicott to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4218846) by CSX TRANSPORTATION, INC.. (Attachments: #1 Affidavit of Samuel E. Endicott) (Endicott, Samuel) |
| Filing 3 MOTION for attorney Joseph C. Devine to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4218808) by CSX TRANSPORTATION, INC.. (Attachments: #1 Affidavit of Joseph C. Devine) (Devine, Joseph) |
| Filing 2 NOTICE that the instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (krh) |
| Filing 1 COMPLAINT against CSX TRANSPORTATION, INC. (Filing fee, including Administrative fee, $400, receipt number 0315-4155762) filed by THOMAS SPANO. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (cel) |
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