Sterling v. CSX Transportation, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:94-cv-00145
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Summary

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Parties
No Logo Claire Sterling, Plaintiff

Represented by Bertini O'Donnell & Hammer, PC

Name Phone Fax E-Mail
Space Lisa Palmer O'Donnell +1 757 670 3868 +1 757 670 3865 lodonnell@bojlaw.com

Represented by Shuttleworth Ruloff Swain Haddad & Morecock PC

Name Phone Fax E-Mail
Space Thomas Brady Shuttleworth, II +1 757 671 6000 +1 757 671 6004 tshuttleworth@srgslaw.com
v.
No Logo Csx Transportation, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Philip Gerald Denman +1 757 628 5500

Represented by pretlowlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Stephen Royce Jackson +1 757 539 3488 +1 757 539 1775 sjackson@pretlowlaw.com

Represented by WILLCOX & SAVAGE

Name Phone Fax E-Mail
Space David Charles Bowen +1 757 628 5500 +1 757 628 5566
No Logo SEARS CONCRETE CORPORATION, Defendant

Represented by Furniss Davis Rashkind & Saunders PC

Name Phone Fax E-Mail
Space Richard Alan Saunders +1 757 461 7100 rsaunders@furnissdavis.com
No Logo The National Railroad Passenger Corporation, Defendant
Other Parties
No Logo Marcelina Morales, Consolidated Plaintiff

Represented by Bertini O'Donnell & Hammer, PC

Name Phone Fax E-Mail
Space Lisa Palmer O'Donnell +1 757 670 3868 +1 757 670 3865 lodonnell@bojlaw.com

Represented by Shuttleworth Ruloff Swain Haddad & Morecock PC

Name Phone Fax E-Mail
Space Thomas Brady Shuttleworth, II +1 757 671 6000 +1 757 671 6004 tshuttleworth@srgslaw.com
Attributes
Office Norfolk
Filed 2/3/1994
Jury Demand Plaintiff
Demand $2000000
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1348 Corporation organized under Federal Law as party
Jurisdiction Diversity
Disposition Dismissed - Other
County Out of State
Terminated 5/5/1994
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, LEAD
Timeline
  Entries (33) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 5/9/1994, Entered: 5/9/1994 Terminated Case
Case closed (clerk)
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Blank -- Filed: 5/5/1994, Entered: 3/18/1996 Terminated Case
Case closed (clerk)
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Blank -- Filed: 5/5/1994, Entered: 3/18/1996 Case Transferred Out - Divisional Transfer
Intradistrict transfer to Newport News Division (clerk)
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Blank -- Filed: 5/5/1994, Entered: 5/5/1994 Docket Annotation
BOTH CASES - Certified copy of initial pretrial order, certified copy of docket sheet and entire case file TRANSFERRED to the Newport News Division. (afor)
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Blank 19 Filed: 5/4/1994, Entered: 5/5/1994 Order
BOTH CASES - ORDER ON INITIAL PRETRIAL CONFERENCE scheduling trial for October 31, 1994 at 10:00 a.m. at Newport News; trial by jury has been demanded; proposed voir dire and written jury instructions shall be received by the clerk on or before October 24, 1994; a final pretrial conference shall be conducted on October 20, 1994 at 9:00 a.m.; all de bene esse depositions shall be concluded on or before September 23, 1994; discovery shall be completed by plaintiff on or before August 9, 1994 and by defendant on or before September 9, 1994; ordering that these cases be, and hereby are, transferred to the Newport News Division of this court; a settlement conference in these cases is scheduled to be conducted by The Honorable Tommy E. Miller on Friday, June 3, 1994 at 9:00 a.m. at Norfolk; oral argument on the issue of preclusion is hereby scheduled at Newport News on June 14, 1994 at 2:00 a.m.; entered 4/18/94; JAM, j.; filed 5/4/94; copies mailed 5/4/94. (afor)
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Blank -- Filed: 5/4/1994, Entered: 5/5/1994 Set/Reset Deadlines:
BOTH CASES - Deadline updated; set Settlement Conference for 9:00 6/3/94 before The Honorable Tommy E. Miller at Norfolk (afor) Modified on 05/05/1994
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Blank 18 Filed: 4/29/1994, Entered: 5/3/1994 Memorandum in Support
BOTH CASES - SUPPLEMENTAL MEMORANDUM by Claire Sterling, Marcelina Morales in support of [14-1] motion by Marcelina Morales, Claire Sterling for Partial Summary Judgment, received. (afor) Modified on 05/03/1994
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Blank -- Filed: 4/20/1994, Entered: 4/20/1994 Summons Issued
***2:94cv146***SUMMONS and 2 c. copies issued for National Railroad, Sears Concrete and mailed to counsel for plaintiff; magistrate's notice. (afor)
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Blank -- Filed: 4/20/1994, Entered: 4/20/1994 Summons Issued
***2:94cv145***SUMMONS and 2 c. copies issued for National Railroad, Sears Concrete and mailed to counsel for plaintiff; magistrate's notice (afor)
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Blank 17 Filed: 4/18/1994, Entered: 4/20/1994 Amended Complaint
***2:94cv146***AMENDED COMPLAINT by Marcelina Morales amending [1-1] complaint and adding defendants National Railroad and Sears Concrete; jury demand (afor)
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Blank 16 Filed: 4/18/1994, Entered: 4/20/1994 Amended Complaint
***2:94cv145***AMENDED COMPLAINT by Claire Sterling amending [1-1] complaint and adding National Railroad, Sears Concrete; jury demand (afor)
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Blank -- Filed: 4/18/1994, Entered: 4/20/1994 Set/Reset Deadlines:
DEADLINE UPDATED: set deadline to 4/29/94 to file amended motion for summary judgment on question of collateral estoppel ; set answer to amended complaint deadline to 5/9/94 ; Response to motion for summary judgment set to 5/13/94 ; Reply to response to motion for summary judgment set to 5/20/94 , reset Jury Trial for 10:00 10/31/94 in Newport News ; reset Pretrial Conference for 9:00 10/20/94 in Newport News before Judge Payne (afor)
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Blank -- Filed: 4/18/1994, Entered: 4/19/1994 Minutes-Miscellaneous
MINUTE ENTRY: REP, j.; S. Borden, OCR; appearances by Lawrence Woodward on behalf of plaintiff; Stephen Jackson and David Bowen on behalf of CSX; (Richard A. Saunders appeared on behalf of Sears Concrete in response to request of court); matter came on for hearing on plaintiffs' motion for leave to file amended complaint; argument of counsel heard; comments of court heard and rulings read into the record; case continued generally; deadlines imposed by initial pretrial order are not applicable; court grants [8-1] and [6-1] motion for Leave to File amended complaint and add parties; updated motion for summary judgment on questions of collateral estoppel due 4/29/94 and to be served on parties that are added in amended complaint; defendants to file answer by 5/9/94; reply to summary judgment motions are due 5/13/94 by Sears Concrete, Amtrak and CSX; reply briefs due from plaintiffs by 5/20/94; court directs Willcox & Savage to consult with general counsel for CSX and Amtrak re: conflict of interest; at IPTC, trial set in Newport News with jury for October 31, 1994 at 10:00 a.m.; Judge Payne to hold FPTC on October 20, 1994 at 9:00 a.m. in Newport News. (afor)
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Blank -- Filed: 4/18/1994, Entered: 4/19/1994 Motion Hearing
Motion hearing held re: [8-1] motion by Marcelina Morales for Leave to File amended complaint by Marcelina Morales, [6-1] motion by Claire Sterling for Leave to File amended complaint by Claire Sterling (afor)
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Blank 15 Filed: 4/11/1994, Entered: 4/11/1994 Memorandum in Support
BOTH CASES - MEMORANDUM by Claire Sterling, Marcelina Morales in support of [14-1] motion by Marcelina Morales, Claire Sterling for Partial Summary Judgment, received. (afor)
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Blank 14 Filed: 4/11/1994, Entered: 4/11/1994, Terminated: 5/9/1994 Motion for Summary Judgment
BOTH CASES - MOTION by Marcelina Morales, Claire Sterling for Partial Summary Judgment (afor)
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Blank 13 Filed: 4/11/1994, Entered: 4/11/1994 Memorandum in Opposition
BOTH CASES - MEMORANDUM by CSX Transportation in opposition to [8-1] motion by Marcelina Morales for Leave to File amended complaint and [6-1] motion by Claire Sterling for Leave to File amended complaint, received. (afor)
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Blank 12 Filed: 4/5/1994, Entered: 4/6/1994 Memorandum in Opposition
2:94cv146 - MEMORANDUM by Sears Concrete Corp. in opposition to [8-1] motion by Marcelina Morales for Leave to File amended complaint, received. (afor)
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Blank 11 Filed: 4/5/1994, Entered: 4/6/1994 Memorandum in Opposition
2:94cv145 - MEMORANDUM by Sears Concrete Corp. in opposition to [6-1] motion by Claire Sterling for Leave to File amended complaint, received. (afor)
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Blank 10 Filed: 3/29/1994, Entered: 3/29/1994 Notice
BOTH CASES - NOTICE that Claire Sterling, Marcelina Morales will move for summary judgment against defendant on 5/19/94 at 10:00 (afor)
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Blank 9 Filed: 3/28/1994, Entered: 3/29/1994 Memorandum in Support
***2:94cv146***MEMORANDUM by Marcelina Morales in support of [8-1] motion by Marcelina Morales for Leave to File amended complaint, received. (afor)
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Blank 8 Filed: 3/28/1994, Entered: 3/29/1994 Motion for Leave to File
***2:94cv146***MOTION by Marcelina Morales for Leave to File amended complaint (afor)
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Blank 7 Filed: 3/28/1994, Entered: 3/29/1994 Memorandum in Support
***2:94cv145***MEMORANDUM by Claire Sterling in support of [6-1] motion by Claire Sterling for Leave to File amended complaint, received. (afor)
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Blank 6 Filed: 3/28/1994, Entered: 3/29/1994 Motion for Leave to File
***2:94cv145***MOTION by Claire Sterling for Leave to File amended complaint (afor) Modified on 03/29/1994
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Blank 5 Filed: 3/23/1994, Entered: 3/23/1994 Order
ORDER ON INITIAL PRETRIAL CONFERENCE scheduling trial for August 16, 1994 at 10:00 a.m. at Norfolk; trial by jury has been demanded; proposed voir dire and written jury instructions shall be received by the clerk on or before August 9, 1994; a final pretrial conference shall be conducted on July 22, 1994 at 9:00 a.m.; all de bene esse depositions shall be concluded on or before June 21, 1994; discovery shall be completed by plaintiff on or before May 16, 1994 and by defendant on or before June 7, 1994; ordering that the cases of 2:94cv145 and 2:94cv146 are consolidated for the purpose of discovery and trial; counsel shall supply sufficient copies of all papers for each file; ordering that discovery taken on the issue of liability in the related consolidated actions of Blizzard, et al v. The National Railroad Transportation Corporation d/b/a Amtrak and CSX Transportation, Inc. shall be adopted and made applicable to these cases as though it were taken herein; with agreement of counsel, an order shall be presented forthwith allowing the defendant to obtain the medical records of plaintiffs; plaintiffs' motion for leave to add parties shall be filed, with supporting memorandum, on or before 3/28/94; information copies of the motion and proposed amended complaint shall be provided to the parties whom plaintiff seeks to add, along with notice of plaintiffs' intention to move for partial summary judgment on the issue of preclusion, including the briefing schedule and hearing date established for the filing of such summary jdugment motion; briefs by all parties opposing the motion to add parties shall be received on or before 4/4/94; a hearing on this motion shall be conducted on 4/18/94 at 2:00 p.m.; plaintiff's motion for partial summary jdugment on the issue of preclusion shall be filed, with supporting memorandum, on or before 4/12/94; any brief in opposition shall be recieved on or before 5/10/94 with any reply by plaintiff to be received on or before 5/13/94; oral argument on this motion is scheduled for 5/19/94 at 10:00 a.m.; the court notes counsel's agreement to appear before USMJ Tommy Miller for a settlement conference on 4/28/94 at 11:00 a.m.; entered 3/22/94; filed 3/23/94; TEM, USMJ; copies to parties 3/23/94. (afor)
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Blank -- Filed: 3/23/1994, Entered: 3/23/1994 Set/Clear Flags
Consolidated Lead Case (afor)
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Blank -- Filed: 3/14/1994, Entered: 3/14/1994 Pretrial Conference - Initial
Initial pretrial conference set at 3:00 3/22/94 (afor)
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Blank 4 Filed: 3/11/1994, Entered: 3/15/1994 Summons Returned Executed
SUMMONS Returned Executed as to CSX Transportation 2/8/94 (afor)
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Blank -- Filed: 3/1/1994, Entered: 3/1/1994 Docket Annotation
REFERRED for IPTC (afor)
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Blank 3 Filed: 2/28/1994, Entered: 3/1/1994 Answer
ANSWER to Complaint by CSX Transportation (Attorney Philip Gerald Denman, David Charles Bowen, Stephen Royce Jackson), (afor)
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Blank 2 Filed: 2/16/1994, Entered: 2/17/1994 Docket AnnotationCourt Filing
Consent to proceed before a U.S. Magistrate Judge, endorsed only by counsel for plaintiff (afor)
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Blank -- Filed: 2/4/1994, Entered: 2/4/1994 Summons Issued
SUMMONS and 1 c. copy issued for CSX Transportation and delivered to counsel; magistrate's notice. (afor)
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Blank 1 Filed: 2/3/1994, Entered: 2/4/1994 Complaint
COMPLAINT Filing Fee $ 120.00; Receipt # 7149; jury demand (afor)
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