Chester v. National Railroad Passenger Corp.
| Xavier Chester |
| National Railroad Passenger Corp. and Amtrak |
| 9:2024cv00070 |
| April 9, 2024 |
| US District Court for the Eastern District of Texas |
| Michael J Truncale |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on April 9, 2024. A more recent docket listing may be available from PACER.
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| Filing 45 Case transferred in from District of Illinois Northern; Case Number 1:23-cv-04228. Original file certified copy of transfer order and docket sheet received. |
| Filing 44 TRANSFERRED to the Eastern District of Texas the electronic record. (nsf, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Case assigned to District Judge Michael J. Truncale. (ljw) |
| Filing 43 ENTERED JUDGMENT. Signed by the Clerk on 3/22/2024. Mailed notice(ber, ) [Transferred from Illinois Northern on 4/9/2024.] |
Filing 42
ORDER. Signed by the Honorable Sunil R. Harjani on 3/22/2024. Mailed notice(ber, ) [Transferred from Illinois Northern on 4/9/2024.]
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| Filing 41 MINUTE entry before the Honorable Sunil R. Harjani: For the reasons set forth in the accompanying Order, the Court grants Defendant National Railroad Passenger Corp.'s motion to transfer venue to the Eastern District of Texas #21 . The Clerk of the Court is directed to transfer this case to the Eastern District of Texas. The Court strikes Defendant's Motion for Summary Judgment #22 and the status hearing set for March 27, 2024. Civil case is terminated. Mailed notice (ber, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 40 STATUS Report Joint by Xavier Chester (Ruiz, Miguel) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 39 MINUTE entry before the Honorable Sunil R. Harjani: Defendant's unopposed motion to clarify #38 is granted. Amtrak's Motion for Summary Judgment and Motion to Dismiss shall serve as its response to the Plaintiff's Amended Complaint. Mailed notice (lxs, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 38 MOTION by Defendant National Railroad Passenger Corp. to clarify Unopposed Motion to Clarify the Record (Attachments: #1 Notice of Filing Notice of Filing Motion to Clarify)(Adorno, Ejulius) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 37 AMENDED complaint by Xavier Chester against National Railroad Passenger Corp. (Edwards, James) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 36 REPLY by Defendant National Railroad Passenger Corp. (Attachments: #1 Exhibit Exhibit A, #2 Notice of Filing Notice of Filing)(Sickles, W.) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 35 REPLY by Defendant National Railroad Passenger Corp. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Notice of Filing Notice of Filing)(Sickles, W.) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 34 MINUTE entry before the Honorable Sunil R. Harjani: Attorney Ejulius C. Adorno informed the Court defendant National Railroad Passenger Corp. has no objection to Plaintiff's motion #31 . Without objection, Plaintiff's motion for leave to file first amended complaint #31 is granted. Mailed notice (lxs, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 33 MINUTE entry before the Honorable Sunil R. Harjani: Defendant's response to Plaintiff's motion for leave to file first amended complaint #31 is due 2/13/2024. Notice of motion #32 is stricken. Mailed notice (lxs, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 32 NOTICE of Motion by Miguel A. Ruiz for presentment of motion for leave to file #31 before Honorable Sunil R. Harjani on 2/7/2024 at 09:45 AM. (Ruiz, Miguel) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 31 MOTION by Plaintiff Xavier Chester for leave to file his First Amended Complaint at Law (Attachments: #1 Exhibit Exhibit A - ACAL)(Ruiz, Miguel) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 30 RESPONSE by Xavier Chesterin Opposition to MOTION by Defendant National Railroad Passenger Corp. for summary judgment #22 (Attachments: #1 Statement of Facts Response & Additional Facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Edwards, James) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 29 RESPONSE by Xavier Chesterin Opposition to MOTION by Defendant National Railroad Passenger Corp. to dismiss #21 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Edwards, James) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 28 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 1/17/2024 is stricken and reset to 3/27/2024 at 9:15 a.m. by telephone. By 3/20/2024 the parties should file a Joint Status Report with an update on discovery and settlement discussions. The Court has reviewed the latest Joint Status Report filed 1/10/2024 #27 . Defendant has filed two pending motions before the Court #21 #22 which are currently being briefed pursuant to the Court's order #24 . At this time, the Court will defer entering a discovery schedule until a later time. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 27 STATUS Report Joint by Xavier Chester (Edwards, James) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 26 CERTIFICATE of Service by Plaintiff Xavier Chester Written Discovery Upon Defendants (Edwards, James) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 25 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 24 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's responses to Defendant's motion to dismiss #21 and motion for summary judgment #22 are due 1/19/2024; reply briefs by 2/28/2024. The Court will issue a written ruling. Mailed notice (lxs, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 23 MINUTE entry before the Honorable Sunil R. Harjani: Motions for summary judgment #22 and to dismiss #21 have been filed by Defendant. The Court asks the parties to jointly email the Courtroom Deputy with a proposed briefing schedule for the response and the reply briefs given the upcoming holiday season. The parties shall email the Courtroom Deputy by 11/22/23. Mailed notice (lxs, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 22 MOTION by Defendant National Railroad Passenger Corp. for summary judgment (Attachments: #1 Supplement Memorandum of Law in Support of MSJ, #2 Supplement Statement of Material Facts, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H)(Adorno, Ejulius) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 21 MOTION by Defendant National Railroad Passenger Corp. to dismiss (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Adorno, Ejulius) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 20 MOTION by Defendant National Railroad Passenger Corp. for disclosure of Initial 26(a) (Attachments: #1 Notice of Filing)(Adorno, Ejulius) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 19 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 11/16/2023 is stricken and reset to 1/17/2024 at 9:15 a.m. by telephone. By 1/10/2024 the parties should file a Joint Status Report with an update on discovery and settlement discussions. Dial-in information remains the same #13 . Mailed notice (lxs, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 18 ATTORNEY Appearance for Plaintiff Xavier Chester by Thomas K. Prindable (Prindable, Thomas) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 17 MINUTE entry before the Honorable Sunil R. Harjani: Defendant's agreed motion for an enlargement of time to answer or otherwise plead #16 is granted to and including 11/20/23. Mailed notice (lxs, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 16 MOTION by Defendant National Railroad Passenger Corp. for extension of time (Agreed) (Attachments: #1 Notice of Filing)(Adorno, Ejulius) [Transferred from Illinois Northern on 4/9/2024.] |
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Filing 15
ORDER REASSIGNING Case to the Honorable Sunil R. Harjani pursuant to Local Rule 73.1(C) for all further proceedings, parties having consented to the reassignment. Honorable Sunil R. Harjani and Honorable John J. Tharp, Jr no longer assigned to the case. Signed by Honorable John J. Tharp, Jr on 10/31/23. (nsf, ) [Transferred from Illinois Northern on 4/9/2024.]
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| Filing 14 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Ruiz, Miguel) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 13 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 11/16/2023 at 9:15 a.m. by telephone. The Court notes that the parties have consented to this Court's jurisdiction per the joint status report #10 . The parties are directed to file the consent to Magistrate Judge jurisdiction form that can be found on this Court's website by 10/31/23. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 978 352 73. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 12 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sunil R. Harjani for the purpose of holding proceedings related to: discovery scheduling, supervision and any settlement conference.(air, )Mailed notice. [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 11 MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the parties' joint initial status report #10 , the Court adopts the parties' proposed discovery plan. This case is referred to the assigned Magistrate Judge for all further discovery scheduling and supervision, as well as for any settlement conference the parties may seek. Mailed notice (air, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 10 STATUS Report Joint by Xavier Chester (Ruiz, Miguel) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 9 MINUTE entry before the Honorable John J. Tharp, Jr:The defendant's unopposed motion for an enlargement of time to answer or otherwise plead #8 is granted. The defendant's responsive pleading is due by 11/6/23. Mailed notice (air, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 8 MOTION by Defendant National Railroad Passenger Corp. for extension of time to Answer or Otherwise Plead (Attachments: #1 Notice of Filing)(Adorno, Ejulius) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 7 ATTORNEY Appearance for Defendant National Railroad Passenger Corp. by Ejulius Carlos Adorno (Adorno, Ejulius) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 6 ATTORNEY Appearance for Defendant National Railroad Passenger Corp. by W. Mark Sickles (Sickles, W.) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 5 ATTORNEY Appearance for Defendant National Railroad Passenger Corp. by Lew Reuben Charles Bricker (Bricker, Lew) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 4 MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 10/26/23. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 3 AFFIDAVIT of Service filed by Plaintiff Xavier Chester regarding Summons/Cover Sheet & CAL served on Reza Lustig - Authorized Agent for AMTRAK on 9/14/2023 (Edwards, James) [Transferred from Illinois Northern on 4/9/2024.] |
| SUMMONS Issued as to Defendant National Railroad Passenger Corp. (smb, ) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 2 ATTORNEY Appearance for Plaintiff Xavier Chester by James Casey Edwards (Edwards, James) [Transferred from Illinois Northern on 4/9/2024.] |
| Filing 1 COMPLAINT filed by Xavier Chester; Jury Demand. Filing fee $ 402, receipt number AILNDC-20792193. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Notice and Waiver of Service to Amtrak)(Ruiz, Miguel) [Transferred from Illinois Northern on 4/9/2024.] |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (jcc, ) [Transferred from Illinois Northern on 4/9/2024.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jcc, ) [Transferred from Illinois Northern on 4/9/2024.] |
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