Name: MENGEL v. NORFOLK SOUTHERN RAILROAD COMPANY, INC. :: Pennsylvania Western District Court :: Federal Civil Lawsuit No. 2:11-cv-00892, Judge David S. Cercone presiding
Creator: Pennsylvania Western District Court
Published: 2011-07-07
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Pennsylvania Western District Court

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40	Filed: 6/9/2014, Entered: None	Unknown Document Type
	ORDER granting 39 Stipulation of Dismissal. Case is dismissed with prejudice. Signed by Judge David S. Cercone on 6/4/14. (njt) (Entered: 06/09/2014)
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39	Filed: 5/27/2014, Entered: None	Unknown Document Type
	STIPULATION of Dismissal by NORFOLK SOUTHERN RAILROAD COMPANY, INC.. (Goldman, Kathleen) (Entered: 05/27/2014)
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	Filed: 7/23/2013, Entered: None	Unknown Document Type
	ORDER FOR STATISTICAL CLOSING - as reflected in the order of this date granting the parties' joint motion for stay and statistical closing. Signed by Judge David S. Cercone on 7/23/13. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mwm)
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38	Filed: 7/23/2013, Entered: None	Unknown Document Type
	ORDER granting 35 the Parties' Joint Motion to Stay Pending Binding Arbitration and directing the Clerk to close the case for administrative purposes - all as more fully set forth in the order. Subject to the parties' agreement to arbitrate, jurisdiction is retained over all claims, defenses and rights of the parties and the entry of this order shall operate to preserve all such claims, defenses and rights inviolate during the pendency of the administrative closing. Signed by Judge David S. Cercone on 7/23/13. (mwm) (Entered: 07/23/2013)
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37	Filed: 6/26/2013, Entered: None	Unknown Document Type
	Errata re 35 Motion to Stay, to Accomondate Binding Arbitration by LARRY M. MENGEL, WILLIAM R. RUSSELL. Reason for Correction: missing electronic signature. (Downey, Glen) (Entered: 06/26/2013)
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	Filed: 6/26/2013, Entered: None	Unknown Document Type
	CLERK'S OFFICE QUALITY CONTROL MESSAGE re 35 Motion to Stay. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (ept)
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36	Filed: 6/25/2013, Entered: None	Unknown Document Type
	Errata re 35 Motion to Stay, Exhibit A by LARRY M. MENGEL, WILLIAM R. RUSSELL. Reason for Correction: Making redaction. (Downey, Glen) Document removed from public view and redocketed at 37 . Modified on 6/27/2013. (ept) (Entered: 06/25/2013)
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35	Filed: 6/25/2013, Entered: None	Unknown Document Type
	MOTION to Stay to Accomodate Binding Arbitration by LARRY M. MENGEL, WILLIAM R. RUSSELL. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order, # 2 Exhibit A) (Downey, Glen) Modified on 6/25/2013 to remove Exhibit A from public view. (ksa) (Entered: 06/25/2013)
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34	Filed: 5/9/2013, Entered: None	Unknown Document Type
	ORDER GRANTING the 33 Motion to Extend Time for the Date for Dispositive Motions. The parties shall have a 60-day continuance to file dispositive motions until July 16, 2013. No further extensions. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 05/09/2013. (jmb) (Entered: 05/09/2013)
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33	Filed: 5/8/2013, Entered: None	Unknown Document Type
	Joint MOTION to Extend Time to File Dispositive Motions by NORFOLK SOUTHERN RAILROAD COMPANY, INC.. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Goldman, Kathleen) (Entered: 05/08/2013)
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32	Filed: 5/6/2013, Entered: None	Unknown Document Type
	ORDER GRANTING the 31 Motion to Withdraw as Attorney. Attorney Jeff R. Dingwall terminated. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 05/06/2013. (jmb) (Entered: 05/06/2013)
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	Filed: 5/6/2013, Entered: None	Unknown Document Type
	CLERK'S OFFICE QUALITY CONTROL MESSAGE re 31 Motion to Withdraw as Attorney. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (ept)
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31	Filed: 5/3/2013, Entered: None	Unknown Document Type
	MOTION to Withdraw as Attorney by LARRY M. MENGEL, WILLIAM R. RUSSELL. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Healey, Michael) (Entered: 05/03/2013)
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30	Filed: 3/5/2013, Entered: None	Unknown Document Type
	Minute Entry for proceedings held before Chief Magistrate Judge Lisa Pupo Lenihan: A Status Conference was held on 3/4/2013. The parties have completed fact and expert discovery. Defendants intend to file a motion for summary judgment but would like some time to try to engage in settlement discussions. On the condition that the parties will engage in meaningful settlement discussions, the court will set a deadline for the filing of dispositive motions of May 17, 2013. Responses are due July 3, 2013. The court agrees to double the page limit for briefs if necessary. (Court Reporter: none) (jmb) (Entered: 03/05/2013)
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29	Filed: 9/4/2012, Entered: None	Unknown Document Type
	Minute Entry for proceedings held before Chief Magistrate Judge Lisa Pupo Lenihan: A Status Conference was held on 9/4/2012. The wrong plaintiff has been terminated from this docket. Counsel advise that the Mengel case has settled but the Russell claim is still pending. The Clerk of court is Ordered to terminate Mengel and unterminate Russell. Fact discovery is basically complete. Defendant is likely to file summary judgment but the parties wish to complete expert discovery first. The following expert discovery schedule is entered: Plaintiff's expert reports due October 30, 2012; Defendant's expert reports due December 31, 2012; Expert discovery closed March 1, 2013 and a status conference is scheduled for March 4, 2013 at 2 pm in courtroom 7B before Chief Magistrate Judge Lisa Pupo Lenihan. (Court Reporter: none) (jmb) (Entered: 09/04/2012)
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28	Filed: 8/29/2012, Entered: None	Unknown Document Type
	NOTICE of Appearance by Glen S. Downey on behalf of LARRY M. MENGEL, WILLIAM R. RUSSELL. (Downey, Glen) (Entered: 08/29/2012)
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27	Filed: 8/27/2012, Entered: None	Unknown Document Type
	ORDER GRANTING the 26 Motion to Continue. The Status Conference (originally set for August 29, 2012 at 11:00 AM) is now set for 8/30/2012 at 3:00 PM in Courtroom 7B before Chief Magistrate Judge Lisa Pupo Lenihan. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 08/27/2012. (jmb) (Entered: 08/27/2012)
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26	Filed: 8/24/2012, Entered: None	Unknown Document Type
	Joint MOTION to Continue Status Conference by NORFOLK SOUTHERN RAILROAD COMPANY, INC.. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Goldman, Kathleen) (Entered: 08/24/2012)
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	Filed: 8/17/2012, Entered: None	Unknown Document Type
	ORDER that the Status Conference scheduled for August 23, 2012, at 2:00 PM is rescheduled for August 29, 2012 at 11:00 AM in Courtroom 7B before Chief Magistrate Judge Lisa Pupo Lenihan. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 08/17/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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25	Filed: 8/16/2012, Entered: None	Unknown Document Type
	ORDER REOPENING CASE for the purpose of proceeding with the claim(s) of Larry M. Mengel. Signed by Judge David S. Cercone on 8/16/12. (mwm) (Entered: 08/16/2012)
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24	Filed: 8/2/2012, Entered: None	Unknown Document Type
	ORDER FOR STATISTICAL CLOSING. It appearing to the Court that the parties have agreed to an amicable resolution of this matter, the Clerk shall remove this case from the docket for administrative purposes and mark this CASE CLOSED. The court shall retain jurisdiction to enforce the terms of the settlement agreement of the parties. Signed by Judge David S. Cercone on 8/2/12. (njt) (Entered: 08/02/2012)
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23	Filed: 7/31/2012, Entered: None	Unknown Document Type
	REPORT of Mediation: Case has been resolved. KENNETH BENSON terminated. Attorney Kenneth J. Benson terminated. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 6/28/2012. (Benson, Kenneth) (Entered: 07/31/2012)
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	Filed: 5/25/2012, Entered: None	Unknown Document Type
	ORDER GRANTING the 22 Motion for Extension of Time to Complete Discovery. The parties shall complete fact discovery by July 20, 2012. All interrogatories, depositions, and requests for admission and/or production of documents shall be served within sufficient time to allow responses to be completed prior to the close of discovery. A status conference is scheduled for June 22, 2012 at 11:00 AM in Courtroom 7B before Chief Magistrate Judge Lisa Pupo Lenihan, regarding plaintiff Mengel. Should the mediation currently scheduled for June 20, 2012 be successful, counsel shall notify the Court so that the conference may be cancelled. A status conference is scheduled for August 23, 2012 at 2:00 PM in Courtroom 7B before Chief Magistrate Judge Lisa Pupo Lenihan regarding plaintiff Russell. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 05/25/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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22	Filed: 5/25/2012, Entered: None	Unknown Document Type
	Joint MOTION for Extension of Time to Complete Discovery by LARRY M. MENGEL, WILLIAM R. RUSSELL. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order) (Healey, Michael) (Entered: 05/25/2012)
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	Filed: 5/4/2012, Entered: None	Unknown Document Type
	ORDER GRANTING 21 Motion for James S. Whitehead to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 05/04/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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21	Filed: 5/3/2012, Entered: None	Unknown Document Type
	MOTION for attorney James S. Whitehead to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2355004) by NORFOLK SOUTHERN RAILROAD COMPANY, INC.. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Goldman, Kathleen) (Entered: 05/03/2012)
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	Filed: 3/28/2012, Entered: None	Unknown Document Type
	ORDER GRANTING 20 Motion for Jeff R. Dingwall to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 03/28/2012. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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20	Filed: 3/27/2012, Entered: None	Unknown Document Type
	MOTION for attorney Jeff R. Dingwall to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2307700) by LARRY M. MENGEL, WILLIAM R. RUSSELL. Motion(s) referred to Lisa Pupo Lenihan. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit) (Healey, Michael) (Entered: 03/27/2012)
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19	Filed: 2/15/2012, Entered: None	Unknown Document Type
	ORDER GRANTING Stipulated 17 Motion for Extension of Time to Complete Discovery. The parties shall complete fact discovery by May 21, 2012. All interrogatories, depositions, and requests for admissions and/or production of documents shall be served within sufficient time to allow responses to be completed prior to the close of discovery. The ADR process selected by the parties shall take place as scheduled on February 16, 2012. A status/settlement conference will be held on May 29, 2012, at 11:00 AM. Trial counsel shall attend and the parties shall be available by telephone. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 02/15/2012. (jmb) (Entered: 02/15/2012)
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18	Filed: 2/15/2012, Entered: None	Unknown Document Type
	Proposed Order re 17 Motion for Extension of Time to Complete Discovery, Motion to Extend Time by LARRY M. MENGEL, NORFOLK SOUTHERN RAILROAD COMPANY, INC., WILLIAM R. RUSSELL. (Collins, Charles) (Entered: 02/15/2012)
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	Filed: 2/15/2012, Entered: None	Unknown Document Type
	CLERK'S OFFICE QUALITY CONTROL MESSAGE re 17 Motion for Extension of Time to Complete Discovery, Motion to Extend Time. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (ept)
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17	Filed: 2/14/2012, Entered: None	Unknown Document Type
	MOTION for Extension of Time to Complete Discovery, Second MOTION to Extend Time by LARRY M. MENGEL, NORFOLK SOUTHERN RAILROAD COMPANY, INC., WILLIAM R. RUSSELL. Motion(s) referred to Lisa Pupo Lenihan. (Collins, Charles) (Entered: 02/14/2012)
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	Filed: 12/19/2011, Entered: None	Unknown Document Type
	ORDER granting 16 Motion to Extend Time to complete the ADR process. The ADR deadline is extended to January 4, 2012. Signed by Magistrate Judge Lisa Pupo Lenihan on 12/19/11. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Lenihan, Lisa)
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16	Filed: 12/16/2011, Entered: None	Unknown Document Type
	Joint MOTION to Extend Time to January 4, 2012 by LARRY M. MENGEL, WILLIAM R. RUSSELL. Motion(s) referred to Lisa Pupo Lenihan. (Collins, Charles) (Entered: 12/16/2011)
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15	Filed: 10/24/2011, Entered: None	Unknown Document Type
	ORDER REFERRING CASE to Mediation. Kenneth Benson is appointed as mediator. Party KENNETH BENSON added. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/24/2011. (jmb) (Entered: 10/24/2011)
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14	Filed: 10/21/2011, Entered: None	Unknown Document Type
	CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 11/11/2011. Amended Pleadings due by 12/1/2011. Joinder of Parties due by 12/1/2011. Discovery due by 3/21/2012. A Status/Settlement Conference is scheduled for 3/26/2012 at 11:00 AM in Courtroom 7B before Chief Magistrate Judge Lisa Pupo Lenihan. Signed by Chief Magistrate Judge Lisa Pupo Lenihan on 10/21/2011. (jmb) (Entered: 10/21/2011)
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13	Filed: 10/21/2011, Entered: None	Unknown Document Type
	Minute Entry for proceedings held before Chief Magistrate Judge Lisa Pupo Lenihan: An Initial Case Management Conference was held on 10/21/2011. All the parties need prior to mediation are initial disclosures, including a damages calculation. Initial scheduling order to be entered. (Court Reporter: none) (jmb) (Entered: 10/21/2011)
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	Filed: 10/21/2011, Entered: None	Unknown Document Type
	CLERK'S OFFICE QUALITY CONTROL MESSAGE re 12 Stipulation Selecting ADR process. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. This message is for informational purposes only. (ept)
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12	Filed: 10/20/2011, Entered: None	Unknown Document Type
	STIPULATION selecting ADR process by LARRY M. MENGEL, WILLIAM R. RUSSELL (Collins, Charles) (Entered: 10/20/2011)
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11	Filed: 10/19/2011, Entered: None	Unknown Document Type
	REPORT of Rule 26(f) Planning Meeting. (Goldman, Kathleen) (Entered: 10/19/2011)
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	Filed: 10/13/2011, Entered: None	Unknown Document Type
	Judge David S. Cercone is presider. (gmp)
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	Filed: 10/13/2011, Entered: None	Unknown Document Type
	Judge Judge Nora Barry Fischer no longer assigned to case. (gmp)
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	Filed: 10/13/2011, Entered: None	Unknown Document Type
	Judge Nora Barry Fischer is presider and Magistrate Judge Lisa Pupo Lenihan is referred. (gmp)
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	Filed: 10/13/2011, Entered: None	Unknown Document Type
	Judge Lisa Pupo Lenihan no longer presider in case. (gmp)
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10	Filed: 10/12/2011, Entered: None	Unknown Document Type
	DISTRICT JUDGE OPTION by LARRY M. MENGEL, WILLIAM R. RUSSELL to have this case randomly assigned to a U.S. District Judge. (Healey, Michael) (Entered: 10/12/2011)
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9	Filed: 10/5/2011, Entered: None	Unknown Document Type
	ORDER that should all parties wish to consent before a Magistrate Judge, they shall file a joint stipulation to that effect with the Clerk of Court no later than October 12, 2011. The Court notes that ALL parties must consent before the document is filed. IT IS FURTHER ORDERED that if any party DOES NOT wish to consent, the parties shall file a joint stipulation to that effect no later than October 12, 2011, requesting a District Judge be assigned and that the case be returned to that District Judge upon completion of pretrial matters. This stipulation SHOULD NOT indicate which parties wished to consent and which did not. Signed by Judge Lisa Pupo Lenihan on 10/05/2011. (jmb) (Entered: 10/05/2011)
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8	Filed: 10/4/2011, Entered: None	Unknown Document Type
	ORDER that the initial scheduling conference will be held on October 21, 2011, at 11:00 AM, in Courtroom 7B, U.S. Post Office and Courthouse Building, 700 Grant Street, Pittsburgh, Pennsylvania. Trial counsel shall attend. IT IS FURTHER ORDERED that the parties file a Rule 26(f) Report no later than two days before the scheduled conference. IT IS FURTHER ORDERED that the parties file the Stipulation Selecting ADR Process no later than two days before the scheduled conference. Signed by Judge Lisa Pupo Lenihan on 10/04/2011. (Attachments: # 1 Exhibit ADR Form) (jmb) (Entered: 10/04/2011)
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	Filed: 9/27/2011, Entered: None	Unknown Document Type
	ORDER GRANTING 6 Motion for Jeffrey S. Berlin to Appear Pro Hac Vice. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/27/2011. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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7	Filed: 9/26/2011, Entered: None	Unknown Document Type
	ANSWER to 1 Complaint by NORFOLK SOUTHERN RAILROAD COMPANY, INC. (Goldman, Kathleen) (Entered: 09/26/2011)
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6	Filed: 9/26/2011, Entered: None	Unknown Document Type
	MOTION for attorney Jeffrey S. Berlin to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2103905) by NORFOLK SOUTHERN RAILROAD COMPANY, INC. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Goldman, Kathleen) (Entered: 09/26/2011)
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5	Filed: 9/26/2011, Entered: None	Unknown Document Type
	Disclosure Statement identifying Norfolk Southern Corporation as corporate parent or other affiliate, by NORFOLK SOUTHERN RAILROAD COMPANY, INC. (Goldman, Kathleen) (Entered: 09/26/2011)
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4	Filed: 9/26/2011, Entered: None	Unknown Document Type
	NOTICE of Appearance by Kathleen J. Goldman on behalf of NORFOLK SOUTHERN RAILROAD COMPANY, INC. (Goldman, Kathleen) (Entered: 09/26/2011)
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	Filed: 9/15/2011, Entered: None	Unknown Document Type
	ORDER GRANTING 2 Motion for Charles Collins to Appear Pro Hac Vice. Signed by Judge Lisa Pupo Lenihan on 09/15/2011. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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3	Filed: 9/14/2011, Entered: None	Unknown Document Type
	WAIVER OF SERVICE Returned Executed by LARRY M. MENGEL, WILLIAM R. RUSSELL. NORFOLK SOUTHERN RAILROAD COMPANY, INC. waiver sent on 7/26/2011, answer due 9/26/2011. (Healey, Michael) (Entered: 09/14/2011)
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2	Filed: 9/13/2011, Entered: None	Unknown Document Type
	MOTION for attorney Charles Collins to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-2089973) by LARRY M. MENGEL, WILLIAM R. RUSSELL. (Attachments: # 1 Proposed Order, # 2 Exhibit A) (Healey, Michael) (Entered: 09/13/2011)
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1	Filed: 7/7/2011, Entered: None	Unknown Document Type
	COMPLAINT against NORFOLK SOUTHERN RAILROAD COMPANY, INC. (Filing fee $350, receipt number 0315-2015448), filed by LARRY M. MENGEL, WILLIAM R. RUSSELL. (Attachment: # 1 Civil Cover Sheet) (jsp) (Entered: 07/07/2011)
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