Tipton et al v. CSX Transportation, Inc. et al (TV2)
| Charles Tipton, Billy Tipton, Travis Pruett and Elizabeth Pruett |
| CSX Transportation, Inc. and Union Tank Car Company |
| 3:2015cv00311 |
| July 22, 2015 |
| US District Court for the Eastern District of Tennessee |
| Knoxville Office |
| Blount |
| Thomas A Varlan |
| C Clifford Shirley |
| Torts to Land |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
423
MEMORANDUM, OPINION AND ORDER: Plaintiffs' motion for judgment as a matter of law on comparative fault 415 will be DENIED. Furthermore, the Court ORDERSadditional briefing from the parties addressing the merits of defendants motion for judgment as a matter of law. Specifically, the parties should address whether CSX alone is liable under a theory or nuisance and whether the FRSA preempts plaintiffs nuisance claim. These briefs shall be filed simultaneously, within twenty (20) days of the entry of this Order. Signed by Chief District Judge Thomas A Varlan on 12/21/18. Associated Cases: 3:15-cv-00311-TAV-DCP, 3:15-cv-00337-TAV-DCP, 3:15-cv-00497-TAV-DCP (ABF)
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Filing
235
ORDER the Court hereby GRANTS in part and DENIES in part plaintiffs' motion for a stay pending appeal or to continue the trial date 227 . The Court also DENIES as moot plaintiffs' motion to shorten the time for CSX to re spond to plaintiffs' motion to stay or continue 232 . Accordingly, the Court ORDERS that the jury trial in this matter, previously scheduled for November 13, 2017, is CANCELLED and is RESCHEDULED for Monday, February 26, 2018, at 9:00 a.m. Furthermore, it is ORDERED that the final pretrial conference, previously scheduled for November 6, 2017, is CANCELLED and is RESCHEDULED for Tuesday, February 20, 2018, at 2:30 p.m. Any unexpired scheduling deadlines as of the time of the filing of plaintiffsmotion 227 shall be applied as calculated from the new trial date and according to the same time limitations set forth in the Courts original Scheduling Order 85 . No further continuances shall be granted absent extraordinary circumstances. Signed by Chief District Judge Thomas A. Varlan on 10/13/17. Associated Cases: 3:15-cv-00311-TAV-CCS, 3:15-cv-00337-TAV-CCS, 3:15-cv-00497-TAV-CCS(ADA)
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