Rigney et al v. CSX Transportation, Inc. et al
| Matthew Rigney, Danielle Hall, Tracy Kilburn, Michelle Feliciano, Kayla Celene Brake, Carrie Jazmin Brake, Kendra Skylar Brake, Cameron Levester Guy, Quentin Isaiah Brake, Peggy Betty, Dorothy May Handling, Joseph Prasnikar, Thomas Sanders, Kimberly Kee, Tiffany Renae Bryant and Shane Keith Bryant |
| CSX Transportation, Inc., James Hughey and Sherry Hughey |
| 3:2022cv00342 |
| May 11, 2022 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Alistair Newbern |
| P.I.: Other |
| 49 U.S.C. § 10101 Interstate Commerce Act |
| Plaintiff |
Docket Report
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Filing 29
ORDER denying #28 Motion to Stay. However, in consideration of the ongoing briefing and nature of these motions, the initial case management conference is CONTINUED to September 21, 2022, at 10:00 a.m. The parties shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on 6/16/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) Modified text on 6/30/2022 (hb).
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Filing 32
REPLY to Response to re #14 MOTION for Judgment on the Pleadings MOTION to Dismiss filed by James Hughey, Sherry Hughey. (Miller, Cory)
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Filing 31
REPLY to Response to re #16 MOTION to Remand filed by Peggy Betty, Carrie Jazmin Brake, Kayla Celene Brake, Kendra Skylar Brake, Quentin Isaiah Brake, Shane Keith Bryant, Tiffany Renae Bryant, Michelle Feliciano, Cameron Levester Guy, Danielle Hall, Dorothy May Handling, Kimberly Kee, Tracy Kilburn, Joseph Prasnikar, Matthew Rigney, Thomas Sanders. (Mills, Andrew)
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Filing 30
REPLY to Response to re #1 MOTION to Dismiss filed by CSX Transportation, Inc.. (Reifers, Stephanie)
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Set/Reset Hearings: Initial Case Management Conference by Telephone reset for 9/21/2022 at 10:00 AM before Magistrate Judge Alistair Newbern. (dt)
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Filing 28
Joint MOTION to Stay Defendant's Joint Motion and Incorporated Memorandum to Stay Entry of Case Management Order by CSX Transportation, Inc.. (Reifers, Stephanie)
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Filing 27
RESPONSE in Opposition re #14 MOTION for Judgment on the Pleadings MOTION to Dismiss filed by Peggy Betty, Carrie Jazmin Brake, Kayla Celene Brake, Kendra Skylar Brake, Quentin Isaiah Brake, Shane Keith Bryant, Tiffany Renae Bryant, Michelle Feliciano, Cameron Levester Guy, Danielle Hall, Dorothy May Handling, Kimberly Kee, Tracy Kilburn, Joseph Prasnikar, Matthew Rigney, Thomas Sanders. (Potter, Timothy)
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Filing 26
RESPONSE in Opposition re #1 MOTION to Dismiss filed by Peggy Betty, Carrie Jazmin Brake, Kayla Celene Brake, Kendra Skylar Brake, Quentin Isaiah Brake, Shane Keith Bryant, Tiffany Renae Bryant, Michelle Feliciano, Cameron Levester Guy, Danielle Hall, Dorothy May Handling, Kimberly Kee, Tracy Kilburn, Joseph Prasnikar, Matthew Rigney, Thomas Sanders. (Potter, Timothy)
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Filing 25
RESPONSE in Opposition re #16 MOTION to Remand filed by CSX Transportation, Inc.. (Attachments: #1 Exhibit A - PL's 1st Interrogatories to CSX, #2 Exhibit B - PL's 1st Requests for Production to CSX)(Reifers, Stephanie)
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Filing 24
ORDER: Plaintiffs' Motion to Extend Deadline to Respond to Motion to Dismiss (Doc. No. #23 ) is GRANTED. Plaintiffs' deadline is extended by one day; they shall file their response no later than June 9, 2022. Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/8/2022. (mg)
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Filing 23
MOTION for Extension of Time to File Response/Reply as to #14 MOTION for Judgment on the Pleadings MOTION to Dismiss by Peggy Betty, Carrie Jazmin Brake, Kayla Celene Brake, Kendra Skylar Brake, Quentin Isaiah Brake, Shane Keith Bryant, Tiffany Renae Bryant, Michelle Feliciano, Cameron Levester Guy, Danielle Hall, Dorothy May Handling, Kimberly Kee, Tracy Kilburn, Joseph Prasnikar, Matthew Rigney, Thomas Sanders. (Potter, Timothy)
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Filing 22
ORDER granting #21 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for C. Richard Newsome to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 06/07/2022. (lh)
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FL State Bar status verified as active for C. Richard Newsome not admitted to this court - Local counsel secured. (kc)
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Filing 21
MOTION for attorney C. Richard Newsome to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3605382) by Peggy Betty, Carrie Jazmin Brake, Kayla Celene Brake, Kendra Skylar Brake, Quentin Isaiah Brake, Shane Keith Bryant, Tiffany Renae Bryant, Michelle Feliciano, Cameron Levester Guy, Danielle Hall, Dorothy May Handling, Kimberly Kee, Tracy Kilburn, Joseph Prasnikar, Matthew Rigney, Thomas Sanders. (Attachments: #1 Exhibit Certificate of Good Standing)(Potter, Timothy)
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Filing 20
ORDER: Plaintiffs' Motion to Stay or Extend Deadline (Doc. No. #18 ) is GRANTED IN PART AND DENIED IN PART. Plaintiffs' deadline to respond to Defendants' Motion to Dismiss (Doc. No. #1 ) is extended to June 9, 2022. However, the Court will not stay briefing on the Motion to Dismiss (Doc. No. #1 ) pending resolution of Plaintiffs' Motion to Remand (Doc. No. #16 ). Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/31/2022. (ln)
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Filing 19
ORDER: On May 25, 2022, Defendants James Hughey and Sherry Hughey filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) or, in the alternative, motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). #14 . Any filings made related to the motion, including motions for extensions of time or to exceed page limits, shall be decided by Chief Judge Crenshaw unless referred to the undersigned Magistrate Judge. Signed by Magistrate Judge Alistair Newbern on 5/27/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 18
MOTION to Stay re #1 MOTION to Dismiss or Alternatively Extend, the Deadline for Plaintiffs to Respond by Peggy Betty, Carrie Jazmin Brake, Kayla Celene Brake, Kendra Skylar Brake, Quentin Isaiah Brake, Shane Keith Bryant, Tiffany Renae Bryant, Michelle Feliciano, Cameron Levester Guy, Danielle Hall, Dorothy May Handling, Kimberly Kee, Tracy Kilburn, Joseph Prasnikar, Matthew Rigney, Thomas Sanders. (Potter, Timothy)
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Filing 17
MEMORANDUM in Support of #16 MOTION to Remand filed by Peggy Betty, Carrie Jazmin Brake, Kayla Celene Brake, Kendra Skylar Brake, Quentin Isaiah Brake, Shane Keith Bryant, Tiffany Renae Bryant, Michelle Feliciano, Cameron Levester Guy, Danielle Hall, Dorothy May Handling, Kimberly Kee, Tracy Kilburn, Joseph Prasnikar, Matthew Rigney, Thomas Sanders . (Potter, Timothy)
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Filing 16
MOTION to Remand by Peggy Betty, Carrie Jazmin Brake, Kayla Celene Brake, Kendra Skylar Brake, Quentin Isaiah Brake, Shane Keith Bryant, Tiffany Renae Bryant, Michelle Feliciano, Cameron Levester Guy, Danielle Hall, Dorothy May Handling, Kimberly Kee, Tracy Kilburn, Joseph Prasnikar, Matthew Rigney, Thomas Sanders. (Potter, Timothy)
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Filing 15
MEMORANDUM in Support of #14 MOTION for Judgment on the Pleadings MOTION to Dismiss filed by James Hughey, Sherry Hughey . (Miller, Cory)
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Filing 14
MOTION for Judgment on the Pleadings , MOTION to Dismiss by James Hughey, Sherry Hughey. (Miller, Cory)
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Filing 13
ORDER granting #10 and #11 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Peter J. Flowers and Frank V. Cesarone to Appear Pro Hac Vice are granted. Signed by Lynda Hill, Clerk of Court, on 05/24/2022. (lh)
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Filing 12
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/18/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 11
MOTION for attorney Frank V. Cesarone to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3596243) by Peggy Betty, Carrie Jazmin Brake, Kayla Celene Brake, Kendra Skylar Brake, Quentin Isaiah Brake, Shane Keith Bryant, Tiffany Renae Bryant, Michelle Feliciano, Cameron Levester Guy, Danielle Hall, Dorothy May Handling, Kimberly Kee, Tracy Kilburn, Joseph Prasnikar, Matthew Rigney, Thomas Sanders. (Attachments: #1 Attachment Certificate of Good Standing)(Potter, Timothy)
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Filing 10
MOTION for attorney Peter J. Flowers to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3596231) by Peggy Betty, Carrie Jazmin Brake, Kayla Celene Brake, Kendra Skylar Brake, Quentin Isaiah Brake, Shane Keith Bryant, Tiffany Renae Bryant, Michelle Feliciano, Cameron Levester Guy, Danielle Hall, Dorothy May Handling, Kimberly Kee, Tracy Kilburn, Joseph Prasnikar, Matthew Rigney, Thomas Sanders. (Attachments: #1 Attachment Certificate of Good Standing)(Potter, Timothy)
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Filing 9
ORDER: On May 12, 2022, Defendant CSX Transportation, Inc. filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). #1 . Any filings made related to the motion to dismiss, including motions for extensions of time or to exceed page limits, shall be decided by Chief Judge Crenshaw unless referred to the undersigned Magistrate Judge. Signed by Magistrate Judge Alistair Newbern on 5/16/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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IL State Bar status verified as active for Peter J. Flowers and Frank V. Cesarone not admitted to this court - Local counsel secured. (kc)
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NOTICE TO COUNSEL Peter J. Flowers and Frank V. Cesarone: 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 or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 6/3/2022. (kc)
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Filing 8
NOTICE of Initial Case Management Conference by Telephone is set for 6/22/2022 at 10:00 AM before Magistrate Judge Alistair Newbern. (kc)
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Filing 7
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc)
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Filing 6
NOTICE of Business Entity Disclosure Statement filing requirement. (kc)
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Filing 5
NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (kc)
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Filing 3
BUSINESS ENTITY DISCLOSURE STATEMENT filed by CSX Transportation, Inc.. (Bennett, John)
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Filing 2
MEMORANDUM in Support of #1 MOTION to Dismiss filed by CSX Transportation, Inc. . (Bennett, John)
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Filing 1
MOTION to Dismiss by CSX Transportation, Inc.. (Bennett, John)
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NOTICE TO COUNSEL S. Camille Reifers: WITHIN 21 DAYS, counsel shall be admitted to practice. The application for admission is available on the website at #http://www.tnmd.uscourts.gov/forms/admission-practice-application (LR 83.01(a)). Admission due by 6/2/2022. (kc)
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NOTICE TO COUNSEL C. Richard Newsome: 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 or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 6/2/2022. (kc)
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TN State Bar status verified as active for Timothy V. Potter, Andrew Eldridge Mills, John J. Bennett, Parks T. Chastain, and Cory Richard Miller admitted to this court. (kc)
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FL State Bar status verified as active for C. Richard Newsome not admitted to this court - Local counsel secured. (kc)
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TN State Bar status verified as active for S. Camille Reifers not admitted to this court - Local counsel secured. (kc)
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Filing 4
NOTICE OF REMOVAL by CSX Transportation, Inc. from Humphreys County Circuit Court, case number 10474. ( Filing fee $ 402 receipt number ATNMDC-3592466) (Attachments: #1 Exhibit A State Circuit Court file, #2 Exhibit B DeBoer Declaration, #3 Exhibit B-1 Stracnet Lines)(kc)
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