Andrews v. CSX Transportation, Inc.
Plaintiff: Darrel Andrews
Defendant: CSX Transportation, Inc.
Case Number: 3:2018cv00659
Filed: July 17, 2018
Court: US District Court for the Middle District of Tennessee
Office: Nashville Office
County: Davidson
Presiding Judge: Jeffery S Frensley
Referring Judge: Eli J Richardson
2 Judge: Aleta A Trauger
Nature of Suit: Labor: Other
Cause of Action: 29 U.S.C. § 2101 Worker Adjustment/Retraining Notification Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2020 Filing 68 ENTRY OF JUDGMENT re: #67 Order. (dt)
August 3, 2020 Opinion or Order Filing 67 ORDER: The parties have filed a Stipulation of Dismissal with Prejudice (Doc. No. #66 ). The Court acknowledges that all claims in this action have been DISMISSED with prejudice, and the Clerk is directed to close the file. This Order shall constitute final judgment for purposes of Fed. R. Civ. P. 58. Signed by District Judge Eli J. Richardson on 8/3/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
July 31, 2020 Filing 66 STIPULATION of Dismissal Joint Stipulation by Darrel Andrews. (Francis, Daniel)
July 30, 2020 Opinion or Order Filing 65 ORDER granting #64 Motion to Amend/Correct #63 Order. Signed by District Judge Eli J. Richardson on 7/30/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
July 29, 2020 Filing 64 Consent MOTION to Amend/Correct #63 Order on Motion for Extension of Time to File Response/Reply, to Defendant MSJ by Darrel Andrews. (Francis, Daniel)
June 24, 2020 Opinion or Order Filing 63 ORDER granting #62 Motion for Extension of Time to File Response/Reply to #51 MOTION for Summary Judgment. Signed by District Judge Eli J. Richardson on 6/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
June 23, 2020 Filing 62 Consent MOTION for Extension of Time to File Response/Reply to Defendant MSJ by Darrel Andrews. (Francis, Daniel)
June 2, 2020 Filing 61 CERTIFICATE Certificate of Service filed by CSX Transportation, Inc. re #57 Declaration filed by CSX Transportation, Inc., #59 Declaration, filed by CSX Transportation, Inc., #54 Declaration,,,, filed by CSX Transportation, Inc., #56 Declaration filed by CSX Transportation, Inc., #58 Declaration filed by CSX Transportation, Inc., #55 Declaration filed by CSX Transportation, Inc., #60 Declaration, filed by CSX Transportation, Inc.. (Chiavetta, Thomas)
June 2, 2020 NOTICE TO FILER re DE#54 , #55 , #56 , #57 , #58 , #59 and #60 ]: Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include a certificate of service. Please FILE a conformed Certificate of Service for these documents. (dt)
June 1, 2020 Filing 60 DECLARATION of Jennifer Higginbotham filed by CSX Transportation, Inc. re: #51 MOTION for Summary Judgment . (Attachments: #1 Exhibit 1-Work history records from JobTrax for 87 CSXT employees, #2 Exhibit 2-Furlough Notices)(Chiavetta, Thomas)
June 1, 2020 Filing 59 DECLARATION of Jennifer Manz filed by CSX Transportation, Inc. re: #51 MOTION for Summary Judgment . (Attachments: #1 Exhibit 1-Collective Bargaining Agreement Between CSXT and Sheet Metal Workers Int'l Ass'n dated 8/1/03, #2 Exhibit 2-Furlough Notices)(Chiavetta, Thomas)
June 1, 2020 Filing 58 DECLARATION of Matthew Callaway filed by CSX Transportation, Inc. re: #51 MOTION for Summary Judgment . (Attachments: #1 Exhibit 1-Radnor Yard Map (Nashville, Tennessee)(Chiavetta, Thomas)
June 1, 2020 Filing 57 DECLARATION of Stephen Love filed by CSX Transportation, Inc. re: #51 MOTION for Summary Judgment . (Chiavetta, Thomas)
June 1, 2020 Filing 56 DECLARATION of Paul Johnson filed by CSX Transportation, Inc. re: #51 MOTION for Summary Judgment . (Attachments: #1 Exhibit 1-Radnor Yard Map (Nashville, Tennessee)(Chiavetta, Thomas)
June 1, 2020 Filing 55 DECLARATION of Charles Hatcher filed by CSX Transportation, Inc. re: #51 MOTION for Summary Judgment . (Attachments: #1 Exhibit 1-Radnor Yard Map (Nashville, Tennessee))(Chiavetta, Thomas)
June 1, 2020 Filing 54 DECLARATION of Thomas R. Chiavetta filed by CSX Transportation, Inc. re: #51 MOTION for Summary Judgment . (Attachments: #1 Exhibit 1-Joint Stipulations of Fact agreed upon by the parties dated 2/2/20, #2 Exhibit 2-Deposition testimony from Plaintiff Darrel Andrews dated 9/24/19, #3 Exhibit 3-Deposition testimony from Charles Hatcher dated 10/9/19, #4 Exhibit 4-Deposition testimony from Stephen Love dated 10/9/19, #5 Exhibit 5-Deposition testimony from Steven Chinn dated 10/10/19, #6 Exhibit 6-Deposition testimony from Jennifer Manz dated 10/10/19, #7 Exhibit 7-Ddeposition testimony from Cameron Bradburn dated 9/26/19, #8 Exhibit 8-Deposition testimony from Harold Simon dated 9/25/19, #9 Exhibit 9-Deposition testimony from Ricardo Perez dated 9/29/19, #10 Exhibit 10-Deposition testimony from Gary Devericks dated 9/26/19, #11 Exhibit 11-Deposition testimony from Frederick Jackson dated 9/24/19, #12 Exhibit 12-deposition testimony from Timothy Gill dated 9/25/19, #13 Exhibit 13-deposition testimony from Kevin Elliott dated 9/25/19, #14 Exhibit 14-Def. CSXT's responses to Plaintiff's interrogatories dated 5/10/19)(Chiavetta, Thomas)
June 1, 2020 Filing 53 STATEMENT of facts (Undisputed) filed by CSX Transportation, Inc. in support of #51 Motion for Summary Judgment. (Chiavetta, Thomas)
June 1, 2020 Filing 52 MEMORANDUM in Support of #51 MOTION for Summary Judgment filed by CSX Transportation, Inc. . (Chiavetta, Thomas)
June 1, 2020 Filing 51 MOTION for Summary Judgment by CSX Transportation, Inc.. (Chiavetta, Thomas)
May 27, 2020 Opinion or Order Filing 50 ORDER granting #49 Motion for Leave to File Excess Pages. Signed by District Judge Eli J. Richardson on 5/27/2020. (dt)
May 26, 2020 Filing 49 Consent MOTION for Leave to File Excess Pages in Summary Judgment Brief by CSX Transportation, Inc.. (Chiavetta, Thomas)
April 8, 2020 Opinion or Order Filing 48 ORDER SETTING CASE FOR TRIAL: Jury Trial set for 4/20/2021 at 9:00 AM in Courtroom 874 before District Judge Eli J. Richardson. Pretrial Conference set for 4/9/2021 at 9:30 AM in Courtroom 874 before District Judge Eli J. Richardson. Exhibit List due by 4/2/2021. Witness List due by 4/2/2021. Proposed Pretrial Order due by 4/2/2021. Signed by District Judge Eli J. Richardson on 4/8/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
March 31, 2020 Filing 47 NOTICE by CSX Transportation, Inc. Notice of Withdrawal of Benjamin M. Gavel as an Attorney of Record for Defendant CSX Transportation, Inc. (Gavel, Benjamin)
March 26, 2020 Opinion or Order Filing 46 ORDER granting #45 Motion to Amend/Correct Case Management Order. Signed by Magistrate Judge Jeffery S. Frensley on 3/26/2020. (gb)
March 26, 2020 Set Deadlines/Hearings: Dispositive Motions due by 6/1/2020. (gb)
March 25, 2020 Filing 45 Joint MOTION to Amend/Correct /Modify Case Management Order by CSX Transportation, Inc. (Gavel, Benjamin)
March 6, 2020 Opinion or Order Filing 44 ORDER granting #43 Motion to Amend/Correct Case Management Order. Signed by Magistrate Judge Jeffery S. Frensley on 3/6/2020. (gb)
March 5, 2020 Filing 43 Joint MOTION to Amend/Correct /Modify Case Management Order by CSX Transportation, Inc. (Gallagher, Mary)
January 24, 2020 Filing 42 JOINT MEDIATION REPORT filed by CSX Transportation, Inc. (Gallagher, Mary)
October 31, 2019 Opinion or Order Filing 41 ORDER granting #40 Motion to Amend/Correct for extensions as requested. Signed by Magistrate Judge Jeffery S. Frensley on 10/31/19. (gb)
October 30, 2019 Filing 40 Joint MOTION to Amend/Correct /Modify Case Management Order by CSX Transportation, Inc. (Gallagher, Mary)
August 20, 2019 Opinion or Order Filing 39 ORDER granting #38 Motion to Continue. Dispositive Motions shall be filed on or before January 15, 2019. Signed by Magistrate Judge Jeffery S. Frensley on 8/20/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
August 15, 2019 Filing 38 Joint MOTION to Continue /Modify Case Management Order by CSX Transportation, Inc. (Gallagher, Mary)
July 22, 2019 Opinion or Order Filing 37 ORDER granting #36 Motion for Thomas R. Chiavetta to Appear Pro Hac Vice. Signed by Kirk L. Davies on 7/22/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
July 18, 2019 DC Bar status verified as active for Thomas R. Chiavetta. (gb)
July 17, 2019 Filing 36 MOTION for attorney Thomas R. Chiavetta to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2953866) by CSX Transportation, Inc. (Attachments: #1 Attachment Certificate of Good Standing re Thomas Chiavetta)(Gallagher, Mary)
May 21, 2019 Opinion or Order Filing 35 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Jeffery S. Frensley on 5/21/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (gb)
May 13, 2019 Filing 34 NOTICE by CSX Transportation, Inc. of Stipulated Protective Order (Gallagher, Mary)
May 1, 2019 Opinion or Order Filing 33 ORDER granting #30 Motion to Continue. The initial phase of discovery shall be completed on or before August 31, 2019. Dispositive motions shall be filed on or before November 15, 2019. Signed by Magistrate Judge Jeffery S. Frensley on 5/1/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (gb)
April 29, 2019 Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Telephone Conference held on 4/29/2019. Order to enter. (Tape #Not Recorded.) (Hearing lasted :12)(hv)
April 24, 2019 Opinion or Order Filing 32 ORDER granting #29 Motion to Substitute Attorney. Signed by Magistrate Judge Jeffery S. Frensley on 4/24/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (gb)
April 23, 2019 Opinion or Order Filing 31 ORDER: Pending before the Court is a Joint Motion to Modify Case Management Order and Continue Trial ( #30 ) The Joint Motion to Continue Trial is GRANTED. The trial of this action, currently set for March 3, 2020, and the pretrial conference set for February 28, 2020, are canceled, to be rescheduled when the Magistrate Judge recommends a new target trial date. The Joint Motion to Modify Case Management Order is REFERRED to the Magistrate Judge for decision. Signed by District Judge Eli J. Richardson on 4/23/19. (gb)
April 22, 2019 Filing 30 Joint MOTION to Continue Trial and Modify Case Management Order by CSX Transportation, Inc. (Gallagher, Mary)
January 7, 2019 Filing 29 First MOTION to Substitute Attorney Unopposed by Darrel Andrews. (Attachments: #1 Attachment Text of Proposed Order)(Francis, Daniel)
November 26, 2018 Opinion or Order Filing 28 ORDER: Telephone Conference set for 4/29/2019 10:30 AM before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 11/26/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
November 14, 2018 Opinion or Order Filing 27 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. All existing case management dates, deadlines, and trial settings remain in effect, pending further order of the Court. Signed by District Judge Eli J. Richardson on 11/14/18. (gb)
November 13, 2018 Opinion or Order Filing 26 ORDER: Pursuant to Administrative Order No. 138, it is hereby ORDERED that this case is TRANSFERRED to Judge Eli Richardson for all purposes. All present deadlines and court dates shall remain in place, subject to modification by Judge Richardson or the magistrate judge. Signed by District Judge Aleta A. Trauger on 11/13/18. (gb)
October 30, 2018 Opinion or Order Filing 25 ORDER SETTING CASE FOR TRIAL: Jury Trial set for 3/3/2020 09:00 AM in Courtroom 873 before District Judge Aleta A. Trauger. Pretrial Conference set for 2/28/2020 01:30 PM in Chambers 825 before District Judge Aleta A. Trauger. Exhibit List due by 2/25/2020. Witness List due by 2/25/2020. Proposed Pretrial Order due by 2/25/2020. Signed by District Judge Aleta A. Trauger on 10/30/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
October 30, 2018 Opinion or Order Filing 24 INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 4/15/2019. Discovery due by 5/31/2019. Dispositive Motions due by 8/15/2019. Signed by District Judge Aleta A. Trauger on 10/30/18. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
October 29, 2018 Minute Entry for proceedings held before District Judge Aleta A. Trauger: Case Management Conference held on 10/29/2018. Joint mediation report due 6/3/19. (kb)
October 24, 2018 Filing 23 PROPOSED CASE MANAGEMENT ORDER filed by Darrel Andrews. (Gastel, Benjamin)
September 13, 2018 Filing 22 ANSWER to #1 Complaint by CSX Transportation, Inc..(Gallagher, Mary)
September 11, 2018 Opinion or Order Filing 21 ORDER granting #20 MOTION to Continue Initial Case Management Conference. Initial Case Management Conference RESET for 10/29/2018 at 3:15 PM in Chambers 825 before District Judge Aleta A. Trauger. Signed by District Judge Aleta A. Trauger on 9/11/18. (gb)
September 7, 2018 Filing 20 MOTION to Continue Initial Case Management Conference Unopposed by CSX Transportation, Inc.. (Gallagher, Mary)
August 31, 2018 Opinion or Order Filing 19 ORDER granting #14 Motion for David S. Birnbaum to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 8/31/18. (gb)
August 31, 2018 Opinion or Order Filing 18 ORDER granting #16 Motion for Alison B. Marshall to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 8/31/18. (gb)
August 31, 2018 Opinion or Order Filing 17 ORDER granting #15 Motion for Benjamin Gavel to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 8/31/18. (gb)
August 30, 2018 Filing 16 MOTION for attorney(s) Alison B. Marshall to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2743051) by CSX Transportation, Inc.. (Gallagher, Mary)
August 30, 2018 Filing 15 MOTION for attorney(s) Benjamin M. Gavel to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2742880) by CSX Transportation, Inc.. (Gallagher, Mary)
August 30, 2018 Filing 14 MOTION for attorney(s) David S. Birnbaum to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2742870) by CSX Transportation, Inc.. (Gallagher, Mary)
August 9, 2018 Opinion or Order Filing 13 ORDER granting #12 Motion for Extension of Time to Answer. CSX Transportation, Inc. answer due 9/13/2018. Signed by District Judge Aleta A. Trauger on 8/9/18. (gb)
August 9, 2018 TN State Bar status verified as active for Christopher W. Cardwell and Mary Taylor Gallagher. IL State Bar status verified as active for David S. Birnbaum. DC State Bar status verified as active for Alison B. Marshall. OH State Bar status verified as active for Benjamin Gavel. (gb)
August 9, 2018 NOTICE TO COUNSEL David S. Birnbaum, Alison B. Marshall and Benjamin Gavel: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $100.00 (LR 83.01(d)). PHV due by 8/30/2018. (gb)
August 8, 2018 Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint by CSX Transportation, Inc. (Gallagher, Mary)
August 8, 2018 Filing 11 BUSINESS ENTITY DISCLOSURE STATEMENT filed by CSX Transportation, Inc. (Gallagher, Mary)
August 8, 2018 Filing 10 NOTICE of Appearance by Mary Taylor Gallagher on behalf of CSX Transportation, Inc. (Gallagher, Mary)
August 8, 2018 Filing 9 NOTICE of Appearance by Christopher W. Cardwell on behalf of CSX Transportation, Inc. (Cardwell, Christopher)
August 2, 2018 Opinion or Order Filing 8 ORDER granting #7 Motion for Daniel R. Francis to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 8/2/18. (gb)
August 1, 2018 Filing 7 MOTION for attorney(s) Daniel R. Francis to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2722531) by Darrel Andrews. (Attachments: #1 Attachment Proposed Order, #2 Attachment Certificate of Good Standing)(Gastel, Benjamin)
July 26, 2018 Filing 6 SUMMONS returned executed by Darrel Andrews. CSX Transportation, Inc. served on 7/23/2018. (Gastel, Benjamin)
July 17, 2018 Filing 5 Summons issued as to CSX Transportation, Inc. (gb)
July 17, 2018 Filing 4 NOTICE of Initial Case Management Conference set for 9/17/2018 at 01:15 PM in Chambers 825 before District Judge Aleta A. Trauger. (gb)
July 17, 2018 Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (gb)
July 17, 2018 Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (gb)
July 17, 2018 Filing 1 COMPLAINT against CSX Transportation, Inc. (Filing fee paid $400, Receipt number 0650-2711273), filed by Darrel Andrews. Service copies will be picked up by counsel. (Attachments: #1 Attachment Civil Cover Sheet)(gb)
July 17, 2018 TN State Bar status verified as active for James Gerard Stranch, IV and Benjamin A. Gastel. NC State Bar status verified as active for Daniel Francis. (gb)
July 17, 2018 NOTICE TO COUNSEL Daniel Francis: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $100.00 (LR 83.01(d)). PHV due by 8/7/2018. (gb)

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Plaintiff: Darrel Andrews
Represented By: Benjamin A. Gastel
Represented By: James Gerard Stranch, IV
Represented By: Daniel Francis
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Defendant: CSX Transportation, Inc.
Represented By: Mary Taylor Gallagher
Represented By: Alison B. Marshall
Represented By: David S. Birnbaum
Represented By: Benjamin Gavel
Represented By: Christopher W. Cardwell
Represented By: Thomas R. Chiavetta
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