Norfolk Southern Railway Company v. Asphalt Supply Atlanta LLC et al
| Norfolk Southern Railway Company |
| Asphalt Refining and Technology Company LLC and Asphalt Supply Atlanta LLC |
| Lion Oil Company |
| 3:2017cv01951 |
| July 24, 2017 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Sidney A Fitzwater |
| Other Statutes: Commerce |
| 28 U.S.C. § 1337 Sherman-Clayton Act |
| None |
Docket Report
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This docket was last retrieved on December 10, 2018. A more recent docket listing may be available from PACER.
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Filing 43
ORDER OF JUDGMENT BY STIPULATION OF THE PARTIES: Judgment is hereby entered in favor of plaintiff, Norfolk Southern Railway Company, and against defendants Asphalt Supply Atlanta, LLC and Asphalt Refining and Technology Company, LLC, jointly and severally, in the amount of $180,920.00, on all claims pled by Norfolk Southern in its Complaint. Tthe Counterclaim of defendants Asphalt Supply Atlanta, LLC and Asphalt Refining and Technology Company, LLC is hereby dismissed with prejudice. Each party shall bear its own costs and attorney's fees. (Ordered by Senior Judge Sidney A Fitzwater on 12/10/2018) (zkc)
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| Filing 42 Joint MOTION for Judgment , for Entry of Stipulated Judgment filed by Norfolk Southern Railway Company (Attachments: #1 Proposed Order) (Merrick, Christopher) |
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Filing 41
Order Dismissing Third-Parties. Party Lion Oil Company, Asphalt Refining and Technology Company LLC and Asphalt Supply Atlanta LLC terminated. (Ordered by Senior Judge Sidney A Fitzwater on 11/21/2018) (epm)
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| Filing 40 Joint MOTION to Dismiss with Prejudice filed by Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC (Doepfner, Phillip) |
| Filing 39 Answer to Counter Claim by Norfolk Southern Railway Company. (Merrick, Christopher) |
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Filing 38
MEMORANDUM OPINION AND ORDER granting in part, denying in part #29 MOTION to Dismiss Defendants' Counterclaim filed by Norfolk Southern Railway Company. (Ordered by Senior Judge Sidney A Fitzwater on 10/4/2018) (Senior Judge Sidney A Fitzwater)
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| Filing 37 Court Request for Recusal: Magistrate Judge David L. Horan recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Magistrate Judge Rebecca Rutherford for all further proceedings. (mcrd) |
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Filing 36
TRIAL SETTING ORDER: This case is set for trial on 8/5/2019 for a two-week docket before Judge Sidney A Fitzwater. (Ordered by Judge Sidney A Fitzwater on 8/16/2018) (zkc)
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Filing 35
ORDER granting #34 Motion to Amend Scheduling Order. Joinder of Parties due by 10/5/2018. Amended Pleadings due by 10/5/2018. Discovery due by 2/4/2019. Status Report due by 2/4/2019. Motions due by 3/8/2019. (Ordered by Judge Sidney A Fitzwater on 7/9/2018) (zkc)
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| Filing 34 Joint MOTION to Amend Scheduling Order filed by Lion Oil Company, Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanda LLC, Norfolk Southern Railway Company. (Attachments: #1 Proposed Order Proposed Order on Motion to Amend Scheduling Order) (Maniscalco, John) Modified text/filers on 7/6/2018 (dsr). |
| Filing 33 REPLY filed by Norfolk Southern Railway Company re: #29 MOTION to Dismiss Defendants' Counterclaim (Merrick, Christopher) |
| Filing 32 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lion Oil Company identifying Corporate Parent/Other Affiliate Delek US Energy, Inc., Corporate Parent/Other Affiliate Delek US Holdings, Inc. for Lion Oil Company. (Maniscalco, John) |
| Filing 31 ANSWER to Third Party Complaint filed by Lion Oil Company. Related document: #23 Third Party Complaint,,. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge.Attorney John W. Maniscalco added to party Lion Oil Company(pty:3pd) (Maniscalco, John) |
| Filing 30 RESPONSE filed by Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC re: #29 MOTION to Dismiss Defendants' Counterclaim (Doepfner, Phillip) |
| Filing 29 MOTION to Dismiss Defendants' Counterclaim filed by Norfolk Southern Railway Company with Brief/Memorandum in Support. (Attachments: #1 Memorandum of Law in Support, #2 Proposed Order) (Merrick, Christopher) |
| Filing 28 COUNTERCLAIM against Norfolk Southern Railway Company filed by Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC. (epm) |
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Filing 27
MEMORANDUM OPINION AND ORDER granting #20 MOTION for Leave to File Counterclaim, and Defs' Counterclaim filed by Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC. (Ordered by Judge Sidney A Fitzwater on 5/2/2018) (Judge Sidney A Fitzwater)
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| Filing 26 WAIVER OF SERVICE Returned Executed as to Lion Oil Company. Waiver sent on 4/10/2018. (Doepfner, Phillip) |
| Filing 25 RESPONSE filed by Norfolk Southern Railway Company re: #20 First MOTION for Leave to File Counterclaim, and Defs' Counterclaim (Merrick, Christopher) |
| Filing 24 Summons Issued as to Lion Oil Company. (zkc) |
| Filing 23 THIRD PARTY COMPLAINT against Lion Oil Company filed by Asphalt Supply Atlanta LLC, Asphalt Refining and Technology Company LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (zkc) |
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Filing 22
ELECTRONIC ORDER granting #21 Amended MOTION for Leave to File Third Party Complaint to Bring in a Third Party Defendant filed by Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC, and terminating #19 Motion for Leave to File Third Party Complaint. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Sidney A Fitzwater on 4/5/2018) (Judge Sidney A Fitzwater)
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| Filing 21 Amended MOTION for Leave to File Third Party Complaint to Bring in a Third Party Defendant filed by Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC (Doepfner, Phillip) |
| Filing 20 First MOTION for Leave to File Counterclaim, and Defs' Counterclaim filed by Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC with Brief/Memorandum in Support. (Doepfner, Phillip) |
| Filing 19 First MOTION for Leave to File Third Party Complaint and Defendants' Third Party Complaint filed by Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC with Brief/Memorandum in Support. (Doepfner, Phillip) |
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Filing 18
SCHEDULING ORDER: Amended Pleadings due by 4/4/2018. Discovery due by 8/1/2018. Joinder of Parties due by 4/4/2018. Motions due by 9/5/2018. Status Report due by 8/1/2018. (Ordered by Judge Sidney A Fitzwater on 1/16/2018) (sss)
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Filing 17
ELECTRONIC ORDER granting #15 Application for Admission Pro Hac Vice of Christopher J. Merrick. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sidney A Fitzwater on 1/10/2018) (Judge Sidney A Fitzwater)
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Filing 16
ELECTRONIC ORDER granting #14 Application for Admission Pro Hac Vice of Timothy L. Frey. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sidney A Fitzwater on 1/10/2018) (Judge Sidney A Fitzwater)
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| Filing 15 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8909939) filed by Norfolk Southern Railway Company (Attachments: #1 Proposed Order)Attorney Christopher J Merrick added to party Norfolk Southern Railway Company(pty:pla) (Merrick, Christopher) |
| Filing 14 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8909686) filed by Norfolk Southern Railway Company (Attachments: #1 Proposed Order)Attorney Timothy L Frey added to party Norfolk Southern Railway Company(pty:pla) (Frey, Timothy) |
| Filing 13 Proposal for contents of scheduling and discovery order by Norfolk Southern Railway Company. (Wehrmann, Henry) |
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Filing 12
Order for Scheduling Order Proposal: Proposed Scheduling Order due by 1/16/2018. (Ordered by Judge Sidney A Fitzwater on 12/18/2017) (axm)
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| Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC. (Doepfner, Phillip) |
| Filing 10 ANSWER to #1 Complaint filed by Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Phillip R Doepfner added to party Asphalt Refining and Technology Company LLC(pty:dft), Attorney Phillip R Doepfner added to party Asphalt Supply Atlanta LLC(pty:dft) (Doepfner, Phillip) |
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Filing 9
ORDER: The court orders plaintiff to move for entry of a default and a default judgment, and otherwise to comply with Rule 55.3, no later than 12/13/2017. Otherwise, the court will dismiss this action, without prejudice. (Ordered by Judge Sidney A Fitzwater on 11/22/2017) (epm)
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| Filing 8 Summons returned executed on 8/2/2017 to Asphalt Refining and Technology Company LLC. (Wehrmann, Henry) Modified text on 8/23/2017 (epm). |
| Filing 7 Summons returned executed on 8/21/2017 to Asphalt Supply Atlanta LLC. (Wehrmann, Henry) Modified text on 8/23/2017 (epm). |
| Filing 6 Summons Reissued as to Asphalt Refining and Technology Company LLC. (ran) |
| Filing 5 Summons Reissued as to Asphalt Supply Atlanta LLC. (ran) |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Norfolk Southern Railway Company identifying Corporate Parent/Other Affiliate Norfolk Southern Corporation for Norfolk Southern Railway Company. (Wehrmann, Henry) |
| Filing 3 Summons Issued as to Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC. (aaa) |
| Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (aaa) |
| Filing 1 COMPLAINT against All Defendants filed by Norfolk Southern Railway Company. (Filing fee $400; Receipt number 0539-8553712) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Wehrmann, Henry) |
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