Haddock v. Norfolk Southern Railway Company

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:16-cv-00655
District Judge Arenda L. Wright Allen Referred, presiding
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District Judge Arenda L. Wright Allen Referred
Last Updated February 3, 2019 at 12:22 AM EST (6.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Brenda Haddock, Plaintiff

Represented by Law Offices of Paul A. Weykamp

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Paul A. Weykamp , +1 410 584 0660 +1 410 584 1005 pweykamp@weykamplaw.com
No Logo William Haddock, Jr., Plaintiff

Represented by Law Offices of Paul A. Weykamp

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Paul A. Weykamp , +1 410 584 0660 +1 410 584 1005 pweykamp@weykamplaw.com
v.
No Logo Norfolk Southern Railway Company, Defendant

Represented by WILLCOX & SAVAGE

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Brianna Lynn Barnes +1 757 628 5500 +1 757 628 5566 bbarnes@wilsav.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY David Charles Bowen +1 757 628 5500 +1 757 628 5566
Attributes
Citation Section 45 U.S.C. § 51
Nature of Suit 740 - Labor: Railway Labor Act
Timeline
  Entries (31) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 26 Filed: 8/25/2017, Entered: None Unknown Document Type
NOTICE of Voluntary Dismissal Stipulation of Dismissal by All Parties by Brenda Haddock, William Haddock, Jr (Weykamp, Paul) (Entered: 08/25/2017)
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Legal Document (Payment Possibly Required) 25 Filed: 8/15/2017, Entered: None Unknown Document Type
NOTICE of Settlement by Brenda Haddock, William Haddock, Jr (Weykamp, Paul) (Entered: 08/15/2017)
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Legal Document (Payment Possibly Required) 24 Filed: 8/15/2017, Entered: None Unknown Document TypeCourt Filing
Settlement Conference Order -All parties and their lead counsel are required to appear at a settlement conference scheduled in the United States District Court, 600 Granby Street, Norfolk, Virginia 23510, at 9:30 a.m. on August 23, 2017, for the purpose of conducting discussions, in good faith, towards a compromised resolution of this case. EACH PARTY MUST BRING TO THE SETTLEMENT CONFERENCE A PERSON WITH FULL AND COMPLETE AUTHORITY TO SETTLE THE CASE. The parties must submit a brief memorandum of five pages or less directly to the chambers of the undersigned (do not file in the clerk's office) by noon on August 21, 2017. Do not serve a copy of the memorandum on the opposing party unless you wish to disclose your settlement position. The memorandum can be emailed (see order for specific details). IF THE PARTIES AGREE UPON A SETTLEMENT (BEFORE, DURING, OR AFTER THE SETTLEMENT CONFERENCE), COUNSEL FOR ONE OF THE PARTIES SHALL IMMEDIATELY NOTIFY THE COURT BY ELECTRONICALLY FILING A NOTICE OF SETTLEMENT. Copies distributed to all counsel. Signed by Magistrate Judge Robert J. Krask on 8/15/2017. (cchr) (Entered: 08/15/2017)
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Legal Document (Payment Possibly Required) 23 Filed: 7/5/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 22, the Joint Motion for Extensions as follows: Defendant shall provide Responses to Plaintiff's Requests for Admissions by 7/13/2017; Plaintiff shall provide her Experts' Reports by 7/20/2017; and Defendant shall provide its Experts' Reports by 8/3/2017. All other aspects of the standing Rule 16(b) Scheduling Order, including all requirements to schedule and participate in a settlement conference, remain in full effect. Signed by District Judge Arenda L. Wright Allen on 7/5/2017. (Allen, Arenda) (Entered: 07/05/2017)
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Legal Document (Payment Possibly Required) 22 Filed: 6/30/2017, Entered: None Unknown Document Type
Joint MOTION for Extension of Discovery Deadlines by Norfolk Southern Railway Company. (Attachments: # 1 Exhibit A)(Barnes, Brianna) (Entered: 06/30/2017)
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Legal Document (Payment Possibly Required) 21 Filed: 5/24/2017, Entered: None Unknown Document Type
ANSWER to Complaint Amended Complaint for Estate and Wrongful Death Actions by Norfolk Southern Railway Company. (Attachments: # 1 Exhibit A)(Barnes, Brianna) (Entered: 05/24/2017)
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Legal Document (Payment Possibly Required) 20 Filed: 5/11/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 17 First MOTION for Leave to File Substitute Party Plaintiff. UPON CONSIDERATION of plaintiff Brenda Haddock's Motion for Leave to Substitute parties, and Memorandum of Law in Support of Motion to Leave to Amend the Complaint, it is hereby this 11 day of May 2017, ORDERED, that LEAVE TO AMEND TO SUBSTITUTE PARTIES BE GRANTED.Signed by District Judge Arenda L. Wright Allen on 5/11/2017. (bgra) (Entered: 05/11/2017)
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Legal Document (Payment Possibly Required) 19 Filed: 5/11/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 15 First MOTION for Leave to File AMENDED COMPLAINT. UPON CONSIDERATION of plaintiff Brenda Haddock's Motion for Leave to Amend the Complaint, and Memorandum of Law in Support of Motion to Leave to Amend the Complaint, it is hereby this 11 day of May, 2017, ORDERED, that LEAVE TO AMEND be GRANTED. Signed by District Judge Arenda L. Wright Allen on 5/11/2017. (bgra) (Entered: 05/11/2017)
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Legal Document (Payment Possibly Required) 18 Filed: 5/8/2017, Entered: None Unknown Document Type
Memorandum in Support re 17 First MOTION for Leave to File Substitute Party Plaintiff filed by Brenda Haddock. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Weykamp, Paul) (Entered: 05/08/2017)
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Legal Document (Payment Possibly Required) 17 Filed: 5/8/2017, Entered: None Unknown Document Type
First MOTION for Leave to File Substitute Party Plaintiff by Brenda Haddock. (Attachments: # 1 Proposed Order)(Weykamp, Paul) (Entered: 05/08/2017)
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Legal Document (Payment Possibly Required) 16 Filed: 5/8/2017, Entered: None Unknown Document Type
Memorandum in Support re 15 First MOTION for Leave to File AMENDED COMPLAINT filed by Brenda Haddock. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Weykamp, Paul) (Entered: 05/08/2017)
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Legal Document (Payment Possibly Required) 15 Filed: 5/8/2017, Entered: None Unknown Document Type
First MOTION for Leave to File AMENDED COMPLAINT by Brenda Haddock. (Attachments: # 1 Proposed Order)(Weykamp, Paul) (Entered: 05/08/2017)
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Legal Document (Payment Possibly Required) 14 Filed: 4/24/2017, Entered: None Unknown Document TypeCourt Filing
ORDER - Pending before the Court is Mrs. Brenda Haddock's Motion to Amend the Complaint ECF No. 8 . The Motion to Amend the Complaint is DENIED IN PART, with leave to renew. Counsel is DIRECTED to comply with Local Civil Rule 7(F) by filing a written brief and supporting documentation to accompany any renewed Motion to Amend. Said Motion and accompanying briefing must be filed within fourteen days of the date of entry of this Order. The Court construes Mrs. Haddock's Motion to Amend the Complaint as a "statement noting the death" of the plaintiff, Mr. William A. Haddock. In accordance with Federal Rule of Civil Procedure 25(a), counsel for Mrs. Haddock is DIRECTED to file a Motion to Substitute Mrs. Haddock as Executor to Mr. Haddock's Estate by Monday, May 29, 2017. Fed. R. Civ. P. 25(a)(1) ("A motion for substitution may be made by any party or by the decedent's successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed."). For the foregoing reasons, Mrs. Haddock's Motion to Amend (ECF No. 8 ) is DENIED IN PART, with leave to renew. Copies distributed to all counsel. Signed by District Judge Arenda L. Wright Allen on 4/24/2017. (cchr) (Entered: 04/24/2017)
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Legal Document (Payment Possibly Required)  Filed: 3/30/2017, Entered: None Unknown Document Type
Settlement Conference set for 8/23/2017 at 09:30 AM in Norfolk Judges Chamber before Magistrate Judge Robert J. Krask. (lwoo)
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Legal Document (Payment Possibly Required)  Filed: 3/29/2017, Entered: None Unknown Document Type
Notice of Correction re 13 Rule 26 Disclosure. Pursuant to FRCP 5(d) and the Rule 16(b) Scheduling Order discovery material is not to be filed. (cchr)
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Legal Document (Payment Possibly Required) 13 Filed: 3/20/2017, Entered: None Unknown Document Type
Rule 26 Disclosure by Brenda Haddock. (Weykamp, Paul) (Entered: 03/20/2017)
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Legal Document (Payment Possibly Required) 12 Filed: 3/16/2017, Entered: None Unknown Document TypeCourt Filing
Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Final Pretrial Conference set for 12/21/2017 at 11:00 AM at the courthouse in Norfolk. Jury Trial set for 1/9/2018 at 10:00 AM in Norfolk. Signed by District Judge Arenda L. Wright Allen and filed on 3/16/17. (lhow) (Entered: 03/17/2017)
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Legal Document (Payment Possibly Required) 11 Filed: 3/14/2017, Entered: None Unknown Document Type
RESPONSE in Opposition re 8 First MOTION to Amend/Correct Amend for Death Complaint filed by Norfolk Southern Railway Company. (Barnes, Brianna) (Entered: 03/14/2017)
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Legal Document (Payment Possibly Required) 10 Filed: 3/8/2017, Entered: None Unknown Document TypeCourt Filing
CONSENT ORDER - With consent of counsel, it is ORDERED that the caption for this case be corrected by removing "Norfolk Southern Corporation". This correction reflects that Norfolk Southern Railway Company is the only proper corporate Defendant in this case. This Order is entered pursuant to Rule 60(a). The Clerk is DIRECTED to forward a copy of the Order to all parties of record. Copies distributed as directed. Signed by District Judge Arenda L. Wright Allen on 3/7/2017. (cchr) (Entered: 03/08/2017)
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Legal Document (Payment Possibly Required)  Filed: 3/6/2017, Entered: None Unknown Document Type
Scheduling Conference - Rule 16b held on 3/6/2017. (lhow)
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Legal Document (Payment Possibly Required) 9 Filed: 2/28/2017, Entered: None Unknown Document Type
AMENDED COMPLAINT against Brenda Haddock, filed by Brenda Haddock.(Weykamp, Paul) (Entered: 02/28/2017)
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Legal Document (Payment Possibly Required) 8 Filed: 2/28/2017, Entered: None Unknown Document Type
First MOTION to Amend/Correct Amend for Death by Brenda Haddock. (Weykamp, Paul) (Entered: 02/28/2017)
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Legal Document (Payment Possibly Required) 7 Filed: 1/25/2017, Entered: None Unknown Document TypeCourt Filing
RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 3/6/2017 at 11:00 AM in Norfolk. Signed by Magistrate Judge Douglas E. Miller on 1/24/17 and filed on 1/25/17. (lhow) (Entered: 01/25/2017)
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Legal Document (Payment Possibly Required)  Filed: 12/16/2016, Entered: None Unknown Document Type
Refer for 16(b) (cchr)
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Legal Document (Payment Possibly Required) 6 Filed: 12/16/2016, Entered: None Unknown Document Type
Financial Interest Disclosure Statement (Local Rule 7.1) by Norfolk Southern Corporation, Norfolk Southern Railway Company. (Barnes, Brianna) (Entered: 12/16/2016)
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Legal Document (Payment Possibly Required) 5 Filed: 12/16/2016, Entered: None Unknown Document Type
ANSWER to 1 Complaint, by Norfolk Southern Corporation, Norfolk Southern Railway Company.(Barnes, Brianna) (Entered: 12/16/2016)
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Legal Document (Payment Possibly Required)  Filed: 12/12/2016, Entered: None Unknown Document Type
CLERK'S NOTICE TO COUNSEL: Responsive pleadings to the complaint have not been filed by defendant Norfolk Southern Corporation, Norfolk Southern Railway Company. Counsel is requested to file a status report within fifteen (15) days from the date of this notice. The status report should be in the form of a pleading that conforms to ECF Policies and Procedures.A party seeking reasonable extension of time to respond to the complaint must obtain court approval by filing an appropriate motion with a proposed order. If a party is in default, plaintiff's counsel may file a request for entry of default pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. The request for entry of default should be in the form of a pleading which conforms to ECF Policies and Procedures. (cchr)
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Legal Document (Payment Possibly Required) 4 Filed: 11/21/2016, Entered: None Unknown Document Type
SUMMONS Returned Executed by William Haddock, Jr, Brenda Haddock. Norfolk Southern Corporation served on 11/16/2016; Norfolk Southern Railway Company served on 11/16/2016. (cchr) (Entered: 11/22/2016)
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Legal Document (Payment Possibly Required) 3 Filed: 11/8/2016, Entered: None Unknown Document Type
Two Summonses, each with service copy, Issued as to Norfolk Southern Corporation, Norfolk Southern Railway Company. (Attachments: # 1 Civil Motions Procedures)(epri) (Entered: 11/08/2016)
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Legal Document (Payment Possibly Required) 2 Filed: 11/8/2016, Entered: None Unknown Document Type
Financial Interest Disclosure Statement (Local Rule 7.1) by Brenda Haddock, William Haddock, Jr. (epri) (Main Document 2 replaced on 11/8/2016) (epri, ). (Entered: 11/08/2016)
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Legal Document (Payment Possibly Required) 1 Filed: 11/8/2016, Entered: None Unknown Document Type
COMPLAINT against Norfolk Southern Corporation, Norfolk Southern Railway Company ( Filing fee $ 400, receipt number 24683032933.), filed by William Haddock, Jr, Brenda Haddock. (Attachments: # 1 Civil Cover Sheet, # 2 Letter, # 3 Receipt)(epri) (Entered: 11/08/2016)
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