Koger v. Norfolk Southern Railway Company

Federal Civil Lawsuit West Virginia Southern District Court, Case No. 1:13-cv-12030
District Judge David A. Faber, presiding
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District Judge David A. Faber
Last Updated January 15, 2019 at 4:49 AM EST (7.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Larry L. Koger, Plaintiff

Represented by cormanylaw.com Law Firm Placeholder

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED J. Kristofer Cormany +1 304 720 3566 +1 304 720 3568 kcormany@cormanylaw.com

Represented by HOEY & FARINA

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED James Louis Farina +1 312 939 1212 +1 312 393 7842 jfarina@hoeyfarina.com
v.
No Logo Norfolk Southern Railway Company, Defendant

Represented by Huddleston, Bolen, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John H. Mahaney +1 304 691 8320 +1 304 522 4312 john.mahaney@dinsmore.com

Represented by Sidley Austin LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Jeffrey S. Berlin +1 202 736 8178 +1 202 736 8711 jberlin@sidley.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Peter G. Jensen +1 202 736 8000 +1 202 736 8711 pjensen@sidley.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mark Edward Martin +1 202 736 8372 +1 202 736 8711 mmartin@sidley.com
Attributes
Citation Section 49 U.S.C. § 20101
Nature of Suit 330 - Personal Injury: Federal Employer's Liability
Timeline
  Entries (26) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 26 Filed: 6/19/2014, Entered: None Court Filing
MEMORANDUM OPINION AND ORDER re: 10 MOTION by Norfolk Southern Railway Company to Dismiss 1 Complaint for Lack of Subject Matter Jurisdiction having been converted to one for summary judgment is DENIED. Signed by Judge David A. Faber on 6/19/2014. (cc: counsel of record) (mjp)
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Legal Document (Payment Possibly Required) 25 Filed: 2/13/2014, Entered: None
MOTION by Norfolk Southern Railway Company for Leave to Submit Supplemental Authority in Support of its Motion to Dismiss, with proposed document attached (Attachments: # 1 Exhibit A - Petition for Rehearing)(Mahaney, John)
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Legal Document (Payment Possibly Required) 24 Filed: 1/16/2014, Entered: None
MOTION by Larry L. Koger for Leave to File Supplemental Authority, with proposed document attached (Attachment: # 1 Reed v. Norfolk Southern)(Farina, James)
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Legal Document (Payment Possibly Required) 23 Filed: 11/12/2013, Entered: None Court Filing
ORDER granting 21 JOINT MOTION to Stay pending resolution of defendant's 21 MOTION to Dismiss for lack of subject matter jurisdiction. The parties are directed to send courtesy copies of aforementioned motion, memoranda in support or opposition thereof, and exhibits to Judge Faber, attention law clerk, Allison Skinner. The court's scheduling order dates and deadlines are CONTINUED until further order of the court. Signed by Judge David A. Faber on 11/12/2013. (cc: counsel of record) (mjp)
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Legal Document (Payment Possibly Required) 22 Filed: 11/4/2013, Entered: None
MEMORANDUM by Norfolk Southern Railway Company, Larry L. Koger in support of 21 JOINT MOTION by Norfolk Southern Railway Company, Larry L. Koger to Stay Case Pending Resolution of Norfolk Southern Railway Company's Motion to Dismiss (Mahaney, John) (Modified on 11/4/2013 to add party filer) (skh).
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Legal Document (Payment Possibly Required) 21 Filed: 11/4/2013, Entered: None
JOINT MOTION by Norfolk Southern Railway Company, Larry L. Koger to Stay Case Pending Resolution of Norfolk Southern Railway Company's Motion to Dismiss (Mahaney, John) (Modified on 11/4/2013 to add party filer) (skh).
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Legal Document (Payment Possibly Required) 20 Filed: 9/25/2013, Entered: None Court Filing
ORDER AND NOTICE: Rule 12(b) Motions 10/16/2013. Rule 26(f) Meeting 10/25/2013. Last day to file report of Rule 26(f) Meeting 11/1/2013. Scheduling Conference at 03:00 PM on 11/18/2013 in Bluefield. Entry of Scheduling Order 11/25/2013. Last Day to make Rule 26(a)(1) disclosures 11/27/2013. Signed by Judge David A. Faber on 9/25/2013. (cc:attys; any unrepresented party) (mjp)
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Legal Document (Payment Possibly Required) 19 Filed: 8/23/2013, Entered: None
STATEMENT OF VISITING ATTORNEY from Jeffrey S. Berlin on behalf of Norfolk Southern Railway Company. Local counsel: J.H. Mahaney. Fee $50.00. Receipt # 0425-2623953. (Mahaney, John)
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Legal Document (Payment Possibly Required) 18 Filed: 8/16/2013, Entered: None
RETURN RECEIPT NOTIFICATION FROM SECRETARY OF STATE for Norfolk Southern Railway Company re: 6 Summons Returned Executed by Secretary of State. Return Receipt Card signed by Kelly N. Smith on 5/30/2013. (ras)
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Legal Document (Payment Possibly Required) 17 Filed: 8/9/2013, Entered: None
EMAIL NOTIFICATION to Jeffrey S. Berlin, Mark E. Martin, Peter G. Jensen with Notice from Teresa L. Deppner, Clerk, Re: Electronic filing requirements. (Attachments: # 1 Clerk's Notice) (jkk)
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Legal Document (Payment Possibly Required) 16 Filed: 8/8/2013, Entered: None
REPLY by Norfolk Southern Railway Company to 13 Corrected Response In Opposition. (Attachments: # 1 Exhibit A - Reed v. NSR Opening Brief, # 2 Exhibit B - Reed v. NSR Certification Order, # 3 Exhibit C - UTU Constitution)(Mahaney, John)
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Legal Document (Payment Possibly Required) 15 Filed: 7/29/2013, Entered: None Court Filing
ORDER EXTENDING TIME TO FILE REPLY BRIEF re: 14 UNOPPOSED MOTION by Norfolk Southern Railway Company for Extension of Time to File Reply Brief as to 10 Motion to Dismiss Complaint. It is ORDERED that NSRC shall have up to and including 8/8/2013 in which to file its reply brief. Signed by Judge David A. Faber on 7/29/2013. (cc: counsel of record) (mjp)
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Legal Document (Payment Possibly Required) 14 Filed: 7/26/2013, Entered: None
UNOPPOSED MOTION by Norfolk Southern Railway Company for Extension of Time to File Reply Brief as to 12 Response In Opposition, 13 Corrected Response In Opposition to Thursday, August 8, 2013 (Attachment: # 1 Proposed Order)(Mahaney, John)
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Legal Document (Payment Possibly Required) 13 Filed: 7/23/2013, Entered: None
CORRECTED RESPONSE by Larry L. Koger in opposition to 10 MOTION by Norfolk Southern Railway Company to Dismiss 1 Complaint for Lack of Subject Matter Jurisdiction (Farina, James)
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Legal Document (Payment Possibly Required) 12 Filed: 7/22/2013, Entered: None
RESPONSE by Larry L. Koger in opposition to 10 MOTION by Norfolk Southern Railway Company to Dismiss 1 Complaint for Lack of Subject Matter Jurisdiction (Attachments: # 1 Exhibit 1 Osha Complaint, # 2 Exhibit 2)(Farina, James)
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Legal Document (Payment Possibly Required) 11 Filed: 7/8/2013, Entered: None
MEMORANDUM by Norfolk Southern Railway Company in support of 10 MOTION by Norfolk Southern Railway Company to Dismiss 1 Complaint (Mahaney, John)
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Legal Document (Payment Possibly Required) 10 Filed: 7/8/2013, Entered: None
MOTION by Norfolk Southern Railway Company to Dismiss 1 Complaint for Lack of Subject Matter Jurisdiction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Mahaney, John)
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Legal Document (Payment Possibly Required) 9 Filed: 7/1/2013, Entered: None
PROPOSED ORDER Granting Defendant Norfolk Southern Railway Company's Motion to Exceed Page Limitation by Norfolk Southern Railway Company (Mahaney, John)
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Legal Document (Payment Possibly Required) 8 Filed: 7/1/2013, Entered: None
UNOPPOSED MOTION by Norfolk Southern Railway Company for Leave to File Memorandum in Support of its Motion to Dismiss in Excess of the Page Limit (Attachment: # 1 Proposed Order)(Mahaney, John)
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Legal Document (Payment Possibly Required) 7 Filed: 6/12/2013, Entered: None
STIPULATION extending time for Norfolk Southern Railway Company to answer the 1 Complaint to July 8, 2013 by Norfolk Southern Railway Company, Larry L. Koger (Mahaney, John) (Modified on 6/12/2013 to add link to #1 complaint and to add party filer) (skh).
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Legal Document (Payment Possibly Required) 6 Filed: 6/4/2013, Entered: None
SUMMONS RETURNED EXECUTED BY SECRETARY OF STATE re: 4 Electronic Summons Issued, 1 Complaint. Accepted by Secretary of State on 5/28/2013. (mjp)
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Legal Document (Payment Possibly Required) 5 Filed: 5/29/2013, Entered: None
STATEMENT OF VISITING ATTORNEY from James L. Farina on behalf of Larry L. Koger. Local counsel: J. Kristofer Cormany. Fee $50.00. Receipt # 0425-2439888. (Cormany, J.)
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Legal Document (Payment Possibly Required) 4 Filed: 5/23/2013, Entered: None
ELECTRONIC SUMMONS ISSUED as to Norfolk Southern Railway Company, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (mjp)
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Legal Document (Payment Possibly Required) 3 Filed: 5/22/2013, Entered: None Court Filing
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED APRIL 8, 2013. Discovery referred to Magistrate Judge VanDervort. (cc:attys; any unrepresented party) (mjp)
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Legal Document (Payment Possibly Required) 2 Filed: 5/22/2013, Entered: None
SUMMONS SUBMITTED by Larry L. Koger for Norfolk Southern Railway Company, re: 1 Complaint. (mjp)
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Legal Document (Payment Possibly Required) 1 Filed: 5/22/2013, Entered: None
COMPLAINT. Filing Fee $400.00. Receipt # 0425-2430118. (Attachment: # 1 Civil Cover Sheet) (mjp)
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