McCord et al v. CSX Transportation, Inc. et al
| Brittney Leann McCord, Nicholas David Shawl, Donald Wayne Jackson, William Leon Luten, Jeffrey Newman, Debbie Newman, Thomas Lee Almond, Angela Lay Reeves, Joanna Reeves, Susan Voegell and Kelsey Schultz |
| CSX Transportation, Inc., James Hughey and Sherry Hughey |
| 3:2022cv00760 |
| September 28, 2022 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Alistair Newbern |
| Aleta A Trauger |
| P.I.: Other |
| 49 U.S.C. § 10101 Interstate Commerce Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 31, 2022. A more recent docket listing may be available from PACER.
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Filing 24
ORDER: Before the Court are the Motions to Consolidate Cases. (No. 3:22-cv-00342, Doc. No. 35 ; No. 3:22-cv-00760, Doc. No. #23 .) The motions are GRANTED. The above-captioned cases are CONSOLIDATED for all purposes, including trial, with case number 3:22-cv-00342 as the lead case. All future filings shall be made in the lead case only. The Clerk is DIRECTED to file this order in both consolidated cases. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/31/2022. (kc)
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| This case was consolidated and all future filings shall be made in lead case 3:22-cv-342. (kc) |
| Filing 23 NOTICE by Thomas Lee Almond, Donald Wayne Jackson, William Leon Luten, Brittney Leann McCord, Debbie Newman, Jeffrey Newman, Angela Lay Reeves, Joanna Reeves, Kelsey Schultz, Nicholas David Shawl, Susan Voegell of Motion to Consolidate in Related Action (Attachments: #1 Exhibit Motion to Consolidate)(Potter, Timothy) Modified on 11/1/2022 (kc). |
| Filing 22 MEMORANDUM in Support of #21 MOTION to Remand to State Court filed by Thomas Lee Almond, Donald Wayne Jackson, William Leon Luten, Brittney Leann McCord, Debbie Newman, Jeffrey Newman, Angela Lay Reeves, Joanna Reeves, Kelsey Schultz, Nicholas David Shawl, Susan Voegell . (Potter, Timothy) |
| Filing 21 MOTION to Remand to State Court by Thomas Lee Almond, Donald Wayne Jackson, William Leon Luten, Brittney Leann McCord, Debbie Newman, Jeffrey Newman, Angela Lay Reeves, Joanna Reeves, Kelsey Schultz, Nicholas David Shawl, Susan Voegell. (Potter, Timothy) |
| Filing 20 REPLY to Response to re #11 MOTION to Dismiss or, in the alternative, Motion for Judgment on the Pleadings filed by James Hughey, Sherry Hughey. (Miller, Cory) |
| Filing 19 REPLY to Response to re #7 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) filed by CSX Transportation, Inc.. (Reifers, Stephanie) |
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Filing 18
ORDER: This matter is set for an initial case management conference on November 21, 2022, at 10:00 a.m. Counsel for each party shall call (888) 557-8511 and enter access code 7819165# to participate. Signed by Magistrate Judge Alistair Newbern on 10/20/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 17
ORDER REFERRING CASE: 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 10/20/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 16
ORDER REASSIGNING CASE: This case is hereby TRANSFERRED to United States Magistrate Judge Alistair E. Newbern, as it is related to Case Number 3:22-cv-00342. Signed by Magistrate Judge Jeffery S. Frensley on 10/19/2022. (kc)
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| Filing 15 MOTION to deem pro hac vice requirements satisfied or stayed for Peter J. Flowers, Frank V. Cesarone, and C. Richard Newsome by Thomas Lee Almond, Donald Wayne Jackson, William Leon Luten, Brittney Leann McCord, Debbie Newman, Jeffrey Newman, Angela Lay Reeves, Joanna Reeves, Kelsey Schultz, Nicholas David Shawl, Susan Voegell. (Potter, Timothy) |
| Filing 14 RESPONSE in Opposition re #11 MOTION to Dismiss or, in the alternative, Motion for Judgment on the Pleadings filed by Thomas Lee Almond, Donald Wayne Jackson, William Leon Luten, Brittney Leann McCord, Debbie Newman, Jeffrey Newman, Angela Lay Reeves, Joanna Reeves, Kelsey Schultz, Nicholas David Shawl, Susan Voegell. (Potter, Timothy) |
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Filing 13
ORDER REASSIGNING CASE. Pursuant to Administrative Order 176, it is hereby ORDERED that this case is TRANSFERRED to Chief Judge Waverly Crenshaw for all purposes, as it is related to an earlier filed case assigned to him, Case No. 3:22-cv-342. The initial case management conference scheduled before Judge Trauger on November 22, 2022 is CANCELLED.. Signed by District Judge Aleta A. Trauger on 10/18/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 12 RESPONSE in Opposition re #7 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) filed by Thomas Lee Almond, Donald Wayne Jackson, William Leon Luten, Brittney Leann McCord, Debbie Newman, Jeffrey Newman, Angela Lay Reeves, Joanna Reeves, Kelsey Schultz, Nicholas David Shawl, Susan Voegell. (Mills, Andrew) |
| Filing 11 MOTION to Dismiss or, in the alternative, Motion for Judgment on the Pleadings by James Hughey, Sherry Hughey. (Attachments: #1 Attachment Memorandum of Law In Support of Motion to Dismiss or, in the alternative, Motion for Judgment on the Pleadings)(Miller, Cory) |
| Filing 10 NOTICE by James Hughey, Sherry Hughey of Disassociation of Ellen G. Hendrickson (Miller, Cory) |
| Filing 9 BUSINESS ENTITY DISCLOSURE STATEMENT filed by CSX Transportation, Inc.. (Reifers, Stephanie) |
| Filing 8 MEMORANDUM in Support of #7 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) filed by CSX Transportation, Inc. . (Reifers, Stephanie) |
| Filing 7 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) by CSX Transportation, Inc.. (Reifers, Stephanie) |
| Filing 6 NOTICE of Initial Case Management Conference is set for 11/22/2022 at 02:30 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. (kc) |
| Filing 5 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) |
| Filing 4 NOTICE of Business Entity Disclosure Statement filing requirement. (kc) |
| Filing 2 NOTICE of Appearance by Cory Richard Miller on behalf of James Hughey, Sherry Hughey (Miller, Cory) |
| Filing 1 NOTICE of Appearance by Parks T. Chastain on behalf of James Hughey, Sherry Hughey (Chastain, Parks) Modified on 9/29/2022 (kc). Modified on 9/29/2022 (kc). |
| TN State Bar status verified as active for Timothy V. Potter, Andrew Eldridge Mills, John J. Bennett, S. Camille Reifers, Parks T. Chastain, Cory Richard Miller admitted to this court. (kc) |
| TN State Bar status verified as active for Ellen G. Hendrickson not admitted to this court. (kc) |
| NOTICE TO COUNSEL Ellen G. Hendrickson: 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 10/20/2022. (kc) |
| NOTICE TO COUNSEL Peter J. Flowers, Frank V. Cesarone, 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 10/20/2022. (kc) |
| State Bar status verified as active for Peter J. Flowers (IL), Frank V. Cesarone (IL), C. Richard Newsome (FL) not admitted to this court - Local counsel secured. (kc) |
| Filing 3 NOTICE OF REMOVAL by CSX Transportation, Inc. from Humphreys Circuit Court, case number 10487. ( Filing fee $ 402 receipt number ATNMDC-3675267) (Attachments: #1 Exhibit A State Court Filings, #2 Exhibit B DeBoer Declaration, #3 Exhibit B1 Stracnet Lines, #4 Attachment - Civil Cover Sheet)(kc) Modified on 9/29/2022 (kc). |
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