Norfolk Southern Railway Company v. Asphalt Supply Atlanta LLC et al
Plaintiff: Norfolk Southern Railway Company
3Rd Party Plaintiff: Asphalt Refining and Technology Company LLC and Asphalt Supply Atlanta LLC
3Rd Party Defendant: Lion Oil Company
Case Number: 3:2017cv01951
Filed: July 24, 2017
Court: US District Court for the Northern District of Texas
Office: Dallas Office
County: Dallas
Presiding Judge: Sidney A Fitzwater
Nature of Suit: Other Statutes: Commerce
Cause of Action: 28 U.S.C. ยง 1337
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 10, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2018 Opinion or Order 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)
December 10, 2018 Filing 42 Joint MOTION for Judgment , for Entry of Stipulated Judgment filed by Norfolk Southern Railway Company (Attachments: #1 Proposed Order) (Merrick, Christopher)
November 21, 2018 Opinion or Order 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)
November 20, 2018 Filing 40 Joint MOTION to Dismiss with Prejudice filed by Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC (Doepfner, Phillip)
October 18, 2018 Filing 39 Answer to Counter Claim by Norfolk Southern Railway Company. (Merrick, Christopher)
October 4, 2018 Opinion or Order 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)
September 11, 2018 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)
August 16, 2018 Opinion or Order 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)
July 9, 2018 Opinion or Order 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)
July 6, 2018 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).
June 13, 2018 Filing 33 REPLY filed by Norfolk Southern Railway Company re: #29 MOTION to Dismiss Defendants' Counterclaim (Merrick, Christopher)
June 11, 2018 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)
June 11, 2018 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)
May 30, 2018 Filing 30 RESPONSE filed by Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC re: #29 MOTION to Dismiss Defendants' Counterclaim (Doepfner, Phillip)
May 9, 2018 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)
May 2, 2018 Filing 28 COUNTERCLAIM against Norfolk Southern Railway Company filed by Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC. (epm)
May 2, 2018 Opinion or Order 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)
April 27, 2018 Filing 26 WAIVER OF SERVICE Returned Executed as to Lion Oil Company. Waiver sent on 4/10/2018. (Doepfner, Phillip)
April 25, 2018 Filing 25 RESPONSE filed by Norfolk Southern Railway Company re: #20 First MOTION for Leave to File Counterclaim, and Defs' Counterclaim (Merrick, Christopher)
April 5, 2018 Filing 24 Summons Issued as to Lion Oil Company. (zkc)
April 5, 2018 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)
April 5, 2018 Opinion or Order 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)
April 5, 2018 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)
April 4, 2018 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)
April 4, 2018 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)
January 16, 2018 Opinion or Order 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)
January 10, 2018 Opinion or Order 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)
January 10, 2018 Opinion or Order 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)
January 10, 2018 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)
January 10, 2018 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)
January 5, 2018 Filing 13 Proposal for contents of scheduling and discovery order by Norfolk Southern Railway Company. (Wehrmann, Henry)
December 18, 2017 Opinion or Order 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)
December 13, 2017 Filing 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC. (Doepfner, Phillip)
December 13, 2017 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)
November 22, 2017 Opinion or Order 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)
August 22, 2017 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).
August 22, 2017 Filing 7 Summons returned executed on 8/21/2017 to Asphalt Supply Atlanta LLC. (Wehrmann, Henry) Modified text on 8/23/2017 (epm).
July 26, 2017 Filing 6 Summons Reissued as to Asphalt Refining and Technology Company LLC. (ran)
July 26, 2017 Filing 5 Summons Reissued as to Asphalt Supply Atlanta LLC. (ran)
July 24, 2017 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)
July 24, 2017 Filing 3 Summons Issued as to Asphalt Refining and Technology Company LLC, Asphalt Supply Atlanta LLC. (aaa)
July 24, 2017 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)
July 24, 2017 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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Search for this case: Norfolk Southern Railway Company v. Asphalt Supply Atlanta LLC et al
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3rd party plaintiff: Asphalt Refining and Technology Company LLC
Represented By: Phillip R Doepfner
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3rd party plaintiff: Asphalt Supply Atlanta LLC
Represented By: Phillip R Doepfner
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Plaintiff: Norfolk Southern Railway Company
Represented By: Henry Scott Wehrmann
Represented By: Timothy L Frey
Represented By: Christopher J Merrick
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3rd party defendant: Lion Oil Company
Represented By: H Jerome Gette
Represented By: John W. Maniscalco
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