Norfolk Southern Railway Company v. Zayo Group LLC
Plaintiff: Norfolk Southern Railway Company
Defendant: Zayo Group LLC
Case Number: 2:2021cv00298
Filed: May 26, 2021
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Robert J Krask
Referring Judge: Roderick C Young
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 23, 2021 Opinion or Order Filing 38 ORDER GRANTING Defendants Motion to Transfer Venue to the Eastern District of Virginia, Alexandria #11 ; DENIES as moot Defendants Motion to Dismiss for Improper Venue #14 and DENIES Defendants Amended Motion to Dismiss forImproper Venue #29 . The Court DIRECTS the Clerk to transfer this action to theAlexandria Division of the Eastern District of Virginia. Signed by District Judge Roderick C. Young on 11/23/21. (dbra, )
November 23, 2021 Opinion or Order Filing 37 MEMORANDUM OPINION re Defendants Motion to Dismiss for Improper Venue or in the Alternative, Motion to Transfer Venue to the Eastern District of Virginia, Alexandria Division ECF Nos. #11 and #14 and Defendants Amended Motion to Dismiss for Improper Venue ECF No. #29 . Signed by District Judge Roderick C. Young on 11/23/21. (dbra, )
November 23, 2021 Opinion or Order Intradistrict Transfer to Alexandria; Case assigned 1:21-cv-01299 (LO/JFA) (jlan)
August 4, 2021 Opinion or Order Filing 36 Request for Hearing by Zayo Group LLC re #29 Amended MOTION to Dismiss for Improper Venue (Brundage, Jeffrey)
August 3, 2021 Opinion or Order Filing 35 REPLY to Response to Motion re #29 Amended MOTION to Dismiss for Improper Venue filed by Zayo Group LLC. (Brundage, Jeffrey)
July 28, 2021 Opinion or Order Filing 34 RESPONSE in Opposition re #29 Amended MOTION to Dismiss for Improper Venue filed by Norfolk Southern Railway Company. (Todd, Gordon)
July 28, 2021 Opinion or Order Filing 33 Request for Hearing by Norfolk Southern Railway Company re #17 MOTION To Confirm Arbitral Award (Todd, Gordon)
July 28, 2021 Opinion or Order Filing 32 REPLY to Response to Motion re #17 MOTION To Confirm Arbitral Award filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - AAA Order, Sprint v. Norfolk Southern)(Todd, Gordon)
July 22, 2021 Opinion or Order Filing 31 Memorandum in Opposition re #17 MOTION To Confirm Arbitral Award filed by Zayo Group LLC. (Attachments: #1 Exhibit A)(Gastner, Robert)
July 16, 2021 Opinion or Order Filing 30 Memorandum in Support re #29 Amended MOTION to Dismiss for Improper Venue filed by Zayo Group LLC. (Gastner, Robert)
July 16, 2021 Opinion or Order Filing 29 Amended MOTION to Dismiss for Improper Venue by Zayo Group LLC. (Gastner, Robert)
July 16, 2021 Opinion or Order Filing 28 NOTICE of Appearance by Robert James Gastner on behalf of Zayo Group LLC (Gastner, Robert)
July 12, 2021 Opinion or Order Filing 27 Financial Interest Disclosure Statement (Local Rule 7.1) by Zayo Group LLC. (Brundage, Jeffrey)
July 9, 2021 Opinion or Order Filing 26 Letter Regarding Mootness Issue. (Todd, Gordon)
July 8, 2021 Opinion or Order Filing 25 ORDER granting #22 Motion for Extension of Time to File Response. Defendant's time for filing a response to the motion to confirm arbitral award is extended to July 22, 2021. Signed by Magistrate Judge Robert J. Krask on 07/08/2021. (Krask, Robert)
July 8, 2021 Opinion or Order Filing 24 REPLY to Response to Motion re #11 MOTION to Transfer Case to the Alexandria Division Memorandum in Opposition (ECF No. 21) filed by Zayo Group LLC. (Brundage, Jeffrey)
July 8, 2021 Opinion or Order Filing 23 REPLY to Response to Motion re #14 MOTION to Dismiss Memoradum in Opposition (ECF 20) filed by Zayo Group LLC. (Brundage, Jeffrey)
July 8, 2021 Opinion or Order Filing 22 Consent MOTION for Extension of Time to File Response/Reply as to #17 MOTION To Confirm Arbitral Award by Zayo Group LLC. (Brundage, Jeffrey)
July 2, 2021 Opinion or Order Filing 21 Memorandum in Opposition re #11 MOTION to Transfer Case to the Alexandria Division filed by Norfolk Southern Railway Company. (Todd, Gordon)
July 2, 2021 Opinion or Order Filing 20 Memorandum in Opposition re #14 MOTION to Dismiss filed by Norfolk Southern Railway Company. (Todd, Gordon)
July 2, 2021 Opinion or Order Filing 19 AMENDED COMPLAINT against Zayo Group LLC, filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Duct Lease, #2 Exhibit B - Third Amendment to Duct Lease, #3 Exhibit C - Kazen Retention Agreement, #4 Exhibit D - Appraisal Panel Determination, #5 Exhibit E - Invoices, #6 Exhibit F - Demand Letter)(Todd, Gordon)
June 28, 2021 Opinion or Order Filing 18 Memorandum in Support re #17 MOTION To Confirm Arbitral Award filed by Norfolk Southern Railway Company. (Attachments: #1 Declaration of Gordon D. Todd, Esq., #2 Exhibit A - Duct Lease with First and Second Amendments, #3 Exhibit B - Third Amendment to Duct Lease, #4 Exhibit C - Kazen Retention Agreement, #5 Exhibit D - Appraisal Panel Determination, #6 Exhibit E - Invoices, #7 Exhibit F - Email Thread Between Parties and Kazen)(Todd, Gordon)
June 28, 2021 Opinion or Order Filing 17 MOTION To Confirm Arbitral Award by Norfolk Southern Railway Company. (Todd, Gordon)
June 28, 2021 Opinion or Order Filing 16 NOTICE of Appearance by Eric Michael Page on behalf of Zayo Group LLC (Page, Eric)
June 28, 2021 Opinion or Order Filing 15 Memorandum in Support re #14 MOTION to Dismiss filed by Zayo Group LLC. (Attachments: #1 Exhibit Declaration, #2 Exhibit Motion to Transfer)(Brundage, Jeffrey)
June 28, 2021 Opinion or Order Filing 14 MOTION to Dismiss by Zayo Group LLC. (Brundage, Jeffrey)
June 28, 2021 Opinion or Order Filing 13 NOTICE of Appearance by Jeffrey P. Brundage on behalf of Zayo Group LLC (Brundage, Jeffrey)
June 28, 2021 Opinion or Order Notice of Correction re #11 MOTION to Transfer Case to the Alexandria Division: Unfortunately, document number #11 contains more than one motion for relief. (As a reminder, we request that filing users file a copy of the same document separately for each pleading or motion relief.) Please file the document again as a Motion to Dismiss and file the Memorandum in Support again attaching it to the Motion to Dismiss. (dbra, )
June 28, 2021 Opinion or Order Notice of Correction re 10 Notice of Appearance - Thank you for your recent electronic filing with the Eastern District of Virginia. Unfortunately, document number 10 is an incorrectly saved PDF fillable form which we have removed. Please refile the document after saving it correctly. To correctly save the PDF fillable form, click on the File menu select Print, and then select your PDF writer from the Printer Name List, then click on Print or OK depending on your program. (dbra, )
June 25, 2021 Opinion or Order Filing 12 Memorandum in Support re #11 MOTION to Transfer Case to the Alexandria Division filed by Zayo Group LLC. (Attachments: #1 Exhibit Declaration, #2 Exhibit Motion to Transfer)(Brundage, Jeffrey)
June 25, 2021 Opinion or Order Filing 11 MOTION to Transfer Case to the Alexandria Division by Zayo Group LLC. (Brundage, Jeffrey)
June 25, 2021 Opinion or Order Filing 10 NOTICE of Appearance by Jeffrey P. Brundage on behalf of Zayo Group LLC (Brundage, Jeffrey)
June 4, 2021 Opinion or Order Filing 9 SUMMONS Returned Executed by Norfolk Southern Railway Company Zayo Group LLC served on 6/4/2021, answer due 6/25/2021 (Todd, Gordon)
May 27, 2021 Opinion or Order Filing 8 ORDER granting #5 Motion for Pro hac vice for Cody Lawrence Reaves as to Norfolk Southern Railway Company. Signed by District Judge Roderick C. Young on 5/27/21. (tlev, )
May 27, 2021 Opinion or Order Filing 7 ORDER denying #4 Motion for Pro hac vice for Lucas Wayne Eugene Croslow. Signed by District Judge Roderick C. Young on 5/27/21. (tlev, )
May 27, 2021 Opinion or Order Filing 6 Summons Issued as to Zayo Group LLC. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. Please update the case number on the Complaint and Financial Affidavit with your service package. (Attachments: #1 Motion Procedures)(afar)
May 27, 2021 Opinion or Order Notice of Correction re #2 Financial Disclosure Statement, #1 Complaint: The incorrect case number is noted on both documents. The correct case number is: 2:21cv298. Please update these documents prior to service on the defendant. (afar)
May 27, 2021 Opinion or Order Initial Case Assignment to District Judge Roderick C. Young and Magistrate Judge Robert J. Krask. (afar)
May 27, 2021 Opinion or Order Notice of Correction re #3 Proposed Summons: Thank you for your recent electronic filing with the Eastern District of Virginia. In future filings please upload both pages of your proposed summonses, not just page 1. The Clerk's Office has attached the second page to the summons so no further action is required of you at this point. (afar)
May 26, 2021 Opinion or Order Filing 5 Motion to appear Pro Hac Vice by Cody Lawrence Reaves and Certification of Local Counsel Gordon D. Todd Filing fee $ 75, receipt number AVAEDC-7811568. by Norfolk Southern Railway Company. (Todd, Gordon)
May 26, 2021 Opinion or Order Filing 4 Motion to appear Pro Hac Vice by Lucas W.E. Croslow and Certification of Local Counsel Gordon D. Todd Filing fee $ 75, receipt number AVAEDC-7811566. by Norfolk Southern Railway Company. (Todd, Gordon)
May 26, 2021 Opinion or Order Filing 3 Proposed Summons by Norfolk Southern Railway Company. (Todd, Gordon)
May 26, 2021 Opinion or Order Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Norfolk Southern Railway Company. (Todd, Gordon)
May 26, 2021 Opinion or Order Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-7811543.), filed by Norfolk Southern Railway Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Todd, Gordon)

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Defendant: Zayo Group LLC
Represented By: Jeffrey P. Brundage
Represented By: Eric Michael Page
Represented By: Robert James Gastner
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Plaintiff: Norfolk Southern Railway Company
Represented By: Gordon Dwyer Todd
Represented By: Cody Lawrence Reaves
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