Case Details

CourtDistrict of South Carolina
Docket number1:05-cv-02817
Date case filed2005-09-28
Date case closed2008-04-09
Date of latest filing
Assigned toHonorable Margaret B Seymour
Case cause28:1441 Notice of Removal-Property Damage
Nature of suit380 Personal Property: Other
Jury demandBoth
Demand
JurisdictionDiversity

Case Parties

Party: Avondale Incorporated
Party type: Plaintiff
TERMINATED: 08/08/2006
Attorney name: James David Butler
Attorney Contact:
Richardson Patrick Westbrook and Brickman
PO Box 1368
Barnwell, SC 29812
803-259-9900
Fax: 803-541-9625
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kenneth Jacob Wilson
Attorney Contact:
Richardson Patrick Westbrook and Brickman
PO Box 1368
Barnwell, SC 29812
803-259-9900
Fax: 803-541-9625
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Terry Edward Richardson , Jr
Attorney Contact:
Richardson Patrick Westbrook and Brickman
PO Box 1368
Barnwell, SC 29812
803-541-7850
Fax: 803-541-9625
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Walter McBrayer Wood
Attorney Contact:
Bell Legal Group
PO Box 2590
Georgetown, SC 29442
843-546-2408
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ben F Easterlin , IV
Attorney Contact:
King and Spaulding
1180 Peachtree Street NE
Atlanta, GA 30309
404-572-2430
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Michael C Russ
Attorney Contact:
King and Spalding
191 Peachtree Street NE
Suite 4600
Atlanta, GA 30303-1763
404-572-4600
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Factory Mutual Insurance Company
Party type: Plaintiff
Attorney name: James D Jolly , Jr
Attorney Contact:
Logan Jolly and Smith
PO Box 259
Anderson, SC 29621
864-226-1910
Fax: 864-226-1931
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James William Logan , Jr
Attorney Contact:
Logan Jolly and Smith
PO Box 259
Anderson, SC 29621
864-226-1910
Fax: 864-226-1931
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Michael Todd Smith
Attorney Contact:
Logan Jolly and Smith
PO Box 259
Anderson, SC 29621
864-226-1910
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Elizabeth J Campbell
Attorney Contact:
Robins Kaplan Miller and Ciresi
1600 Atlanta Plaza
950 E Paces Ferry Road NE
Atlanta, GA 30326-1119
404-760-4300
ATTORNEY TO BE NOTICED

Attorney name: Richard L Sizemore
Attorney Contact:
Logan Jolly and Smith
PO Box 259
Anderson, SC 29621
864-226-1910
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Robert W Fisher
Attorney Contact:
Robins Kaplan Miller and Ciresi
1600 Atlanta Plaza
950 E Paces Ferry Road NE
Atlanta, GA 30326-1119
404-760-4300
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: William Stanhope
Attorney Contact:
Robins Kaplan Miller and Ciresi
1600 Atlanta Plaza
950 E Paces Ferry Road NE
Atlanta, GA 30326-1119
404-233-1114
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Avondale Mills Incorporated
Party type: Plaintiff
Attorney name: Daniel S Haltiwanger
Attorney Contact:
Richardson Patrick Westbrook and Brickman
PO Box 1368
Barnwell, SC 29812
803-259-9900
Fax: 678-731-1532
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James David Butler
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Michael Todd Smith
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Terry Edward Richardson , Jr
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Walter McBrayer Wood
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Amy Yervanian
Attorney Contact:
King and Spaulding
1180 Peachtree Street NE
Atlanta, GA 30309
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Ben F Easterlin , IV
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Brandon P Ansley
Attorney Contact:
King and Spaulding
1180 Peachtree Street NE
Atlanta, GA 30309
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Carolyn Cain Burch
Attorney Contact:
King and Spaulding
1180 Peachtree Street NE
Atlanta, GA 30309
404-572-3533
Fax: 404-572-5139
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Catherine Marcene O'Neil
Attorney Contact:
King and Spaulding
1180 Peachtree Street NE
Atlanta, GA 30309
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Christopher C Bly
Attorney Contact:
King and Spaulding
1180 Peachtree Street NE
Atlanta, GA 30309
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Dayton Stout Velarde
Attorney Contact:
King and Spaulding
1180 Peachtree Street NE
Atlanta, GA 30309
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Jasmine Collette Lowe
Attorney Contact:
King and Spaulding
1180 Peachtree Street NE
Atlanta, GA 30309
ATTORNEY TO BE NOTICED

Attorney name: Jessica Robyn Arnold
Attorney Contact:
King and Spaulding
1180 Peachtree Street NE
Atlanta, GA 30309
404-572-2707
Fax: 404-572-5140
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Jessica Eileen Neyman
Attorney Contact:
King and Spaulding
1180 Peachtree Street NE
Atlanta, GA 30309
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Michael C Russ
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Ryan J Szczepanik
Attorney Contact:
King and Spaulding
1180 Peachtree Street NE
Atlanta, GA 30309
404-572-4600
Fax: 404-572-5100
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Sean Patrick Flynn
Attorney Contact:
King and Spaulding
1180 Peachtree Street NE
Atlanta, GA 30309
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Stephen Paul Cummings , II
Attorney Contact:
King and Spaulding
1180 Peachtree Street NE
Atlanta, GA 30309
404-572-4600
Fax: 404-572-5140
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Avondale Mills Graniteville Fabrics Incorporated
Party type: Plaintiff
TERMINATED: 08/08/2006
Attorney name: Daniel S Haltiwanger
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James David Butler
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Terry Edward Richardson , Jr
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Walter McBrayer Wood
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ben F Easterlin , IV
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Michael C Russ
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Gibbs International Inc
Party type: Movant
Attorney name: Kevin A Dunlap
Attorney Contact:
Parker Poe Adams and Bernstein
100 Dunbar Street
Suite 206
Spartanburg, SC 29306
864-591-2030
Fax: 864-591-2050
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Norfolk Southern Corporation
Party type: Defendant
Attorney name: Christopher M Kelly
Attorney Contact:
Gallivan White and Boyd
PO Box 10589
Greenville, SC 29603
864-271-9580
Fax: 864-271-7502
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Daniel Bowman White
Attorney Contact:
Gallivan White and Boyd
55 Beattie Place
Suite 1200
Greenville, SC 29601
864-271-9580
Fax: 864-271-7502
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: J Nicole Judd Buntin
Attorney Contact:
Gallivan White and Boyd
55 Beattie Place
Suite 1200
Greenville, SC 29601
864-271-9580
Fax: 864-271-7502
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jennifer E Johnsen
Attorney Contact:
Gallivan White and Boyd
PO Box 10589
Greenville, SC 29603
864-271-9580
Fax: 864-271-7502
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mary Ayres Giorgi
Attorney Contact:
Gallivan White and Boyd
55 Beattie Place
Suite 1200
Greenville, SC 29601
864-271-5364
Fax: 864-271-7502
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mary Allison Moon
Attorney Contact:
Moon Bell Law Firm
One Augusta Street
Suite 301
Greenville, SC 29601
864-271-1595
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Phillip M Busman
Attorney Contact:
Spriggs and Hollingsworth
1350 I Street NW
Suite 900
Washington, DC 20005
202-898-5800
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Phillip Earl Reeves
Attorney Contact:
Gallivan White and Boyd
PO Box 10589
Greenville, SC 29603
864-271-9580
Fax: 864-271-7502
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ronald G Tate , Jr
Attorney Contact:
Gallivan White and Boyd
PO Box 10589
Greenville, SC 29603
864-271-5361
Fax: 864-271-7502
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ronald K Wray , II
Attorney Contact:
Gallivan White and Boyd
55 Beattie Place
Suite 1200
Greenville, SC 29601
864-271-9580
Fax: 864-271-7502
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: W Howard Boyd , Jr
Attorney Contact:
Gallivan White and Boyd
PO Box 10589
Greenville, SC 29603
864-271-9580
Fax: 864-271-7502
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Bruce J Berger
Attorney Contact:
Spriggs and Hollingsworth
1350 I Street NW
Suite 900
Washington, DC 20005
202-898-5800
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Crawford S McGivaren , Jr
Attorney Contact:
Cabaniss Johnston Gardner Dumas and O'Neal
PO Box 830612
Birmingham, AL 35283
205-716-5200
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Donald R McMinn
Attorney Contact:
Spriggs and Hollingsworth
1350 I Street NW
Suite 900
Washington, DC 20005
202-898-5800
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Frank Leone , Jr
Attorney Contact:
Spriggs and Hollingsworth
1350 I Street NW
Suite 900
Washington, DC 20005
202-898-5800
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Jessica E Krieg
Attorney Contact:
Spriggs and Hollingsworth
1350 I Street NW
Suite 900
Washington, DC 20005
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Joe G Hollingsworth
Attorney Contact:
Spriggs and Hollingsworth
1350 I Street NW
Suite 900
Washington, DC 20005
202-898-5800
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: John Carson Duffey
Attorney Contact:
Stuart and Branigin
PO Box 1010
Lafayette, IN 47902
765-423-1561
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Katharine R Latimer
Attorney Contact:
Spriggs and Hollingsworth
1350 I Street NW
Suite 900
Washington, DC 20005
202-898-5800
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Matthew J Malinowski
Attorney Contact:
Spriggs and Hollingsworth
1350 I Street NW
Suite 900
Washington, DC 20005
202-898-5800
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Peter J Skalaban , Jr
Attorney Contact:
Spriggs and Hollingsworth
1350 I Street NW
Suite 900
Washington, DC 20005
202-898-5800
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Rebecca Bricken Segal
Attorney Contact:
Spriggs and Hollingsworth
1350 I Street NW
Suite 900
Washington, DC 20005
202-898-5800
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Norfolk Southern Railway Company
Party type: Defendant
Attorney name: Christopher M Kelly
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Daniel Bowman White
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: J Nicole Judd Buntin
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jennifer E Johnsen
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mary Ayres Giorgi
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mary Allison Moon
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Phillip M Busman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Phillip Earl Reeves
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ronald G Tate , Jr
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Ronald K Wray , II
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: W Howard Boyd , Jr
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Bruce J Berger
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Crawford S McGivaren , Jr
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Donald R McMinn
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Frank Leone , Jr
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Jessica E Krieg
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Joe G Hollingsworth
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: John Carson Duffey
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Katharine R Latimer
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Matthew J Malinowski
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Peter J Skalaban , Jr
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Rebecca Bricken Segal
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Benjamin Aiken
Party type: Defendant
TERMINATED: 01/22/2007
Attorney name: Gray Thomas Culbreath
Attorney Contact:
Gallivan White and Boyd
PO Box 7368
Columbia, SC 29202
803-779-1833
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Mike Ford
Party type: Defendant
TERMINATED: 07/26/2007
Attorney name: Monteith Powell Todd
Attorney Contact:
Sowell Gray Stepp and Laffitte
PO Box 11449
Columbia, SC 29211
803-929-1400
Fax: 803-929-0300
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: James Thornton
Party type: Defendant
TERMINATED: 07/26/2007
Attorney name: John Arthur Davison
Attorney Contact:
Fulcher Hagler Reed Hanks and Harper
PO Box 1477
Augusta, GA 30903-1477
706-724-0171
Fax: 706-724-4573
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: King and Spalding LLP
Party type: Interested Party
TERMINATED: 07/19/2006
Attorney name: Henry L Parr , Jr
Attorney Contact:
Wyche Law Office
44 E Camperdown Way
Greenville, SC 29601
864-242-8209
Fax: 864-235-8900
Email: [email protected]
LEAD ATTORNEY

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12005-09-28 NOTICE OF REMOVAL by Norfolk Southern Railway Company, Norfolk Southern Corporation from County of Aiken, case number 05-CP-02-1235. (Filing fee $ 250 receipt number 3000011427), filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit A-State Court Summons, Complaint, and Answer (Norfolk Southern defendants)# 2 Consent to Removal (James Thornton)# 3 Consent to Removal (Mike Ford)# 4 Consent to Removal (Benjamin Aiken))(cbru, ) (Entered: 09/29/2005)
22005-09-28 Local Rule 26.01 Answers to Interrogatories with Jury Demand by Norfolk Southern Railway Company, Norfolk Southern Corporation.(cbru, ) (Entered: 09/29/2005)
42005-09-28 CERTIFICATE OF SERVICE by Norfolk Southern Railway Company, Norfolk Southern Corporation re 1 Notice of Removal,, 2 Local Rule 26.01 Answers to Interrogatories (cbru, ) (Entered: 09/29/2005)
52005-09-29 ORDER re 1 Notice of Removal, filed by Norfolk Southern Corporation,, Norfolk Southern Railway Company, Status Report due by 10/11/2005. Signed by Judge Margaret B Seymour on 9/29/05. (cbru, ) (Entered: 09/29/2005)
62005-09-29 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Aiken County. (Kelly, Christopher) (Entered: 09/29/2005)
72005-10-04 ANSWER to Complaint (Notice of Removal) by Mike Ford. (Todd, Monteith) (Entered: 10/04/2005)
82005-10-04 Local Rule 26.01 Answers to Interrogatories with Jury Demand by Mike Ford.(Todd, Monteith) (Entered: 10/04/2005)
102005-10-04 Local Rule 26.01 Answers to Interrogatories with Jury Demand by James Thornton.(Davison, John) (Entered: 10/04/2005)
122005-10-04 Local Rule 26.01 Answers to Interrogatories with Jury Demand by Benjamin Aiken.(Culbreath, Gray) (Entered: 10/04/2005)
132005-10-05 ANSWER to Complaint (Notice of Removal) by James Thornton. (Davison, John) (Entered: 10/05/2005)
142005-10-05 ANSWER to Complaint (Notice of Removal) by Benjamin Aiken. (Culbreath, Gray) (Entered: 10/05/2005)
152005-10-07 COUNTY COURT RECORD from Aiken. (kbos) (Entered: 10/07/2005)
162005-10-07 REPLY by Benjamin Aikento 5 Order, Set Deadlines. (Culbreath, Gray) (Entered: 10/07/2005)
172005-10-10 REPLY by Norfolk Southern Railway Company, Norfolk Southern Corporation to 5 Order, Set Deadlines. (Kelly, Christopher) Modified docket entry relationship on 10/11/2005 (cbru, ). (Entered: 10/10/2005)
182005-10-18 AMENDED ANSWER to Complaint (Notice of Removal) by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Kelly, Christopher) (Entered: 10/18/2005)
192005-10-20 NOTICE of Hearing on Motion Motion Hearing set for 11/2/2005 02:00 PM in Aiken #1, Charles E. Simons, Jr. Court House, 223 Park Ave, Aiken before Honorable Margaret B Seymour. (cbru, ) (Entered: 10/20/2005)
202005-10-20 AMENDED NOTICE of Hearing on Motion Motion Hearing set for 11/1/2005 02:00 PM in Aiken #1, Charles E. Simons, Jr. Court House, 223 Park Ave, Aiken before Honorable Margaret B Seymour. (cbru, ) (Entered: 10/20/2005)
212005-10-25 MOTION to Appear Pro Hac Vice by Joe G. Hollingsworth, Katharine R. Latimer, Frank Leone, Jr. and Peter J. Skalaban, Jr. by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 11/14/2005 (Attachments: # 1 Hollingsworth Application# 2 Hollingsworth Affidavit of Good Standing# 3 Application of Latimer# 4 Latimer Certificate of Good Standing# 5 Application of Leone# 6 Leone Certificate of Good Standing# 7 Skalaban Application# 8 Skalaban Certificate of Good Standing)No proposed order(Kelly, Christopher) (Entered: 10/25/2005)
222005-10-26 Filing fee: $ 1000, receipt number 300011921 (cbru, ) (Entered: 10/26/2005)
232005-10-26 NOTICE of Appearance by W Howard Boyd, Jr on behalf of Norfolk Southern Railway Company, Norfolk Southern Corporation (Boyd, W) (Entered: 10/26/2005)
242005-10-27 MOTION to Remand by Avondale Incorporated. Response to Motion due by 11/14/2005 (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3)No proposed order(Butler, James) Modified description of attachments on 10/28/2005 (cbru, ). (Entered: 10/27/2005)
252005-10-31 Minute Entry for proceedings held before Judge Margaret B Seymour : Telephone Conference held on 10/31/2005. Parties request further postponement of hearing on motions to remand - granted. Court schedules remand hearing for 12/19/05 at 11:00 am in Aiken. All motions to remand to be filed by 11/20/2005 with reasponses due 12/16/2005. (Court Reporter Gary Smith.) (mdea ) (Entered: 10/31/2005)
262005-10-31 NOTICE of Cancellation of Hearing: 11/1/2005 motion hearing set for 2:00 pm in Aiken. (mdea ) (Entered: 10/31/2005)
272005-11-08 NOTICE of Hearing: Remand Hearing set for 12/19/2005 11:00 AM in Aiken #1, Charles E. Simons, Jr. Court House, 223 Park Ave, Aiken before Honorable Margaret B Seymour. (mdea ) Additional attachment(s) added on 11/9/2005 (mdea, ). Modified on 11/9/2005 to correct typo(mdea, ). (Entered: 11/08/2005)
282005-11-14 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Remand by Norfolk Southern Railway Company, Norfolk Southern Corporation, Benjamin Aiken, Mike Ford, James Thornton. Response to Motion due by 12/2/2005 Proposed order is being emailed to chambers with copy to opposing counsel(Boyd, W) Modified to reflect all filing parties on 11/14/2005 (cbru, ). (Entered: 11/14/2005)
292005-11-14 ORDER granting 28 Motion for Extension of Time to File Response/Reply re 24 MOTION to Remand Response to Motion due by 11/29/2005 Signed by Judge Margaret B Seymour on 11/14/05. (cbru, ) (Entered: 11/14/2005)
302005-11-15 ORDER granting 21 Motion to Appear Pro Hac Vice. Signed by Judge Margaret B Seymour on 11/15/05. (cbru, ) Modified docket text on 11/16/2005 (cbru, ). (Entered: 11/16/2005)
312005-11-29 RESPONSE in Opposition re 24 MOTION to Remand Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 12/9/2005 (Attachments: # 1)(Boyd, W) Additional attachments filed on 11/29/05 (cbru, ). (Entered: 11/29/2005)
362005-11-30 Deficiency Memo: #32-35 SUPPLEMENT. 1.Wrong event used. Correct event: "Additional Attachments to Main Document". 2.Documents filed together, please separate and refile. Any response due is based on the filing date of the original document. Docket Correction due 12/1/2005. (cbru, ) (Entered: 11/30/2005)
372005-11-29 Additional Attachments to Main Document 31 Response in Opposition to Motion. (Attachments: # 1 Exhibit 2# 2 Exhibit 3-A# 3 Exhibit 3-B# 4 Exhibit 4)(Boyd, W) Modified date filed and docket text on 12/1/2005 (cbru, ). (Entered: 11/30/2005)
382005-11-29 Additional Attachments to Main Document 31 Response in Opposition to Motion to Remand. (Attachments: # 1 Exhibit 5)(Boyd, W) Modified date filed and docket text on 12/1/2005 (cbru, ). (Entered: 11/30/2005)
392005-11-29 Additional Attachments to Main Document 31 Response in Opposition to Motion to Remand. (Attachments: # 1 Exhibit 6)(Boyd, W) Modified date filed and docket text on 12/1/2005 (cbru, ). (Entered: 11/30/2005)
402005-11-29 Additional Attachments to Main Document 31 Response in Opposition to Motion to Remand. (Attachments: # 1 Exhibit 7-A# 2 Exhibit 7-B# 3 Exhibit 7-C# 4 Exhibit 7-D)(Boyd, W) Modified date filed and docket text on 12/1/2005 (cbru, ). (Entered: 11/30/2005)
412005-12-01 MOTION to Dismiss by Avondale Incorporated. Response to Motion due by 12/19/2005 (Attachments: # 1 Exhibit Affidavit of Jack Altherr)No proposed order(Richardson, Terry) (Entered: 12/01/2005)
422005-12-06 MOTION to Stay Rule 26 Requirements by Avondale Incorporated. Response to Motion due by 12/26/2005 Proposed order is being emailed to chambers with copy to opposing counsel(Butler, James) (Entered: 12/06/2005)
432005-12-09 REPLY to Response to Motion re 24 MOTION to Remand Response filed by Avondale Incorporated. (Butler, James) (Entered: 12/09/2005)
442005-12-13 MOTION to Disqualify Counsel King & Spalding by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 1/3/2006 (Attachments: # 1 Memo in Support# 2 Attachment List# 3 Exhibit A Leone Declaration)No proposed order(Boyd, W) Modified description of attachment on 12/14/2005 (cbru, ). Additional attachments filed on 12/13/05. (Entered: 12/13/2005)
452005-12-13 Additional Attachments to Main Document re 44 MOTION to Disqualify Counsel King & Spalding. (Attachments: # 1 Attachment 1# 2 Attachment 2# 3 Attachment 3# 4 Attachment 4# 5 Attachment 5)(Boyd, W) Modified docket entry relationship on 12/14/2005 (cbru, ). (Entered: 12/13/2005)
462005-12-13 Additional Attachments to Main Document re 44 MOTION to Disqualify Counsel King & Spalding. (Attachments: # 1 Attachment 6# 2 Attachment 7(a)# 3 Attachment 7(b)# 4 Attachment 7(c)# 5 Attachment 7(d))(Boyd, W) Modified docket entry relationship on 12/14/2005 (cbru, ). (Entered: 12/13/2005)
472005-12-16 RESPONSE in Opposition re 42 MOTION to Stay Rule 26 Requirements Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 12/23/2005 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 Exhibit List# 2 Attachment 1# 3 Attachment 2# 4 Attachment 3# 5 Attachment 4# 6 Attachment 5# 7 Attachment 6# 8 Attachment 7# 9 Attachment 8# 10 Attachment 9)(Boyd, W) Modified docket text on 12/27/2005 (cbru, ). (Entered: 12/16/2005)
482005-12-16 RESPONSE in Opposition re 41 MOTION to Dismiss Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 12/23/2005 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 List of Attachments# 2 Attachment 1# 3 Attachment 2# 4 Attachment 3)(Boyd, W) (Entered: 12/16/2005)
492005-12-16 Additional Attachments to Main Document 48 RESPONSE in Opposition re 41 MOTION to Dismiss. (Attachments: # 1 Attachment 4# 2 Attachment 5# 3 Attachment 6# 4 Attachment 7# 5 Attachment 8# 6 Attachment 9# 7 Attachment 10# 8 Attachment 11# 9 Attachment 12# 10 Attachment 13)(Boyd, W) Modified to add docket entry relationship on 12/27/2005 (cbru, ). (Entered: 12/16/2005)
502005-12-16 REPLY to Response to Motion re 42 MOTION to Stay Rule 26 Requirements Response filed by Avondale Incorporated. (Richardson, Terry) (Entered: 12/16/2005)
512005-12-19 REPLY to Response to Motion re 41 MOTION to Dismiss Response filed by Avondale Incorporated. (Attachments: # 1 Exhibit No. 1 - Affidavit of Terry E. Richardson, Jr.# 2 Exhibit No. 2 - Affidavit of Terry E. Richardson, Jr.# 3 Exhibit Attachments to Brief - Various Letters and Acceptances of Service from Various Defendants# 4 Exhibit Certificate of Service)(Richardson, Terry) Modified docket text and description of attachments on 12/27/2005 (cbru, ). (Entered: 12/19/2005)
522005-12-19 RESCHEDULED NOTICE of Hearing: Remand Hearing set for 12/19/2005 10:00 AM in Aiken #1, Charles E. Simons, Jr. Court House, 223 Park Ave, Aiken before Honorable Margaret B Seymour. (previously scheduled for 11:00am)(ljon) (Entered: 12/19/2005)
532005-12-19 Minute Entry for proceedings held before Judge Margaret B Seymour : Motion Hearing held on 12/19/2005 re 24 MOTION to Remand filed by Avondale Incorporated, 42 MOTION to Stay Rule 26 Requirements filed by Avondale Incorporated, 41 MOTION to Dismiss filed by Avondale Incorporated. Court takes motions under advisement; written order forthcoming. (Court Reporter Dan Mayo.) (mdea ) (Entered: 12/19/2005)
542005-12-20 Rule 26(f) Report by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Att #1 Hollingsworth Ltr w/Exhibits# )(Boyd, W) Deleted Attachment #2 on 12/27/2005 (cbru, ). (Entered: 12/20/2005)
552005-12-21 MOTION for Leave to File Excess Pages by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 1/9/2006 (Attachments: # 1 Certificate of Service)Proposed order is being emailed to chambers with copy to opposing counsel(Kelly, Christopher) (Entered: 12/21/2005)
562005-12-21 MOTION for Partial Summary Judgment by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 1/9/2006 (Attachments: # 1 Memorandum Cover Page# 2 Table of Content/Authorities# 3 Memo in Support Memo supporting partial summary judgment# 4 Appendix Cover Page# 5 Appendix Table of Contents# 6 Exhibit A-1)No proposed order(Kelly, Christopher) Additional attachments filed on 12/21/2005 (cbru, ). (Entered: 12/21/2005)
572005-12-21 Additional Attachments to Main Document 56 MOTION for Partial Summary Judgment Exhibit A 2. (Attachments: # 1 Exhibit A-3# 2 Exhibit A-4# 3 Exhibit B# 4 Exhibit B-1 p1 of 2# 5 Exhibit B-1 p2-2)(Kelly, Christopher) (Entered: 12/21/2005)
582005-12-21 Additional Attachments to Main Document 56 MOTION for Partial Summary Judgment Exhibit C. (Attachments: # 1 Exhibit D-1# 2 Exhibit D-2# 3 Exhibit D-3# 4 Exhibit D-4# 5 Exhibit D-5# 6 Exhibit D-6# 7 Exhibit D-7# 8 Exhibit D-8# 9 Exhibit D-9# 10 Exhibit D-10# 11 Exhibit D-11# 12 Exhibit D-12# 13 Exhibit D-13# 14 Exhibit D-14# 15 Exhibit D-15)(Kelly, Christopher) (Entered: 12/21/2005)
592005-12-21 Additional Attachments to Main Document 56 MOTION for Partial Summary Judgment Exhibit D-16. (Attachments: # 1 Exhibit D-17# 2 Exhibit D-18# 3 Exhibit D-19# 4 Exhibit D-20# 5 Exhibit D-21# 6 Exhibit D-22# 7 Exhibit D-23# 8 Exhibit D-24# 9 Exhibit D-25# 10 Exhibit D-26# 11 Exhibit D-27# 12 Exhibit D-28# 13 Exhibit D-29# 14 Exhibit D-30# 15 Exhibit D-31)(Kelly, Christopher) (Entered: 12/21/2005)
602005-12-21 Additional Attachments to Main Document 56 MOTION for Partial Summary Judgment Exhibit E. (Attachments: # 1 Exhibit E-1# 2 Exhibit E-2# 3 Exhibit E-3# 4 Exhibit E-4# 5 Exhibit E-5# 6 Exhibit E-6# 7 Exhibit E-7# 8 Exhibit E-8# 9 Exhibit E-9# 10 Exhibit E-10# 11 Exhibit E-11# 12 Exhibit F# 13 Exhibit F-1# 14 Exhibit G# 15 Exhibit H# 16 Exhibit I# 17 Exhibit J# 18 Certificate of Service)(Kelly, Christopher) (Entered: 12/21/2005)
612005-12-27 MOTION for Extension of Time to File Response/Reply as to 44 MOTION to Disqualify Counsel King & Spalding by Avondale Incorporated. Response to Motion due by 1/17/2006 Proposed order is being emailed to chambers with copy to opposing counsel(Richardson, Terry) Modified docket text on 12/28/2005 (cbru, ). (Entered: 12/27/2005)
622005-12-29 Amended MOTION for Leave to File Excess Pages by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 1/17/2006 (Attachments: # 1 Certificate of Service)Proposed order is being emailed to chambers with copy to opposing counsel(Kelly, Christopher) (Entered: 12/29/2005)
632005-12-30 RESPONSE in Opposition re 61 MOTION for Extension of Time to File Response/Reply as to 44 MOTION to Disqualify Counsel King & Spalding Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/9/2006 plus 3 calendar days per FRCvP 6(e) (Boyd, W) Modified docket text on 1/3/2006 (cbru, ). (Entered: 12/30/2005)
652006-01-05 Deficiency Memo: #64 RESPONSE in Support re 61 MOTION for Extension of Time to File Response/Reply as to 44 MOTION to Disqualify Counsel King & Spalding. Wrong event used. Correct event: "Reply to Response to Motion". Any response due is based on the filing date of the original document. Docket Correction due 1/6/2006. (cbru, ) (Entered: 01/05/2006)
662006-01-04 REPLY to Response to Motion re 61 MOTION for Extension of Time to File Response/Reply as to 44 MOTION to Disqualify Counsel King & Spalding Response filed by Avondale Incorporated. (Richardson, Terry) Modified date filed and docket text on 1/6/2006 (cbru, ). (Entered: 01/05/2006)
682006-01-06 Deficiency Memo: #67 MOTION for Extension of Time to File Response/Reply. 1.Incorrect caption listed on document filed. 2.Documents filed together, please separate and refile. Any response due is based on the filing date of the original document. Docket Correction due 1/7/2006. (cbru, ) Additional attachment(s) added on 1/6/2006 (cbru, ). (Entered: 01/06/2006)
692006-01-06 MOTION for Extension of Time to File Response/Reply as to 56 MOTION for Partial Summary Judgment by Avondale Incorporated. Response to Motion due by 1/24/2006 Proposed order is being emailed to chambers with copy to opposing counsel(Richardson, Terry) (Entered: 01/06/2006)
702006-01-06 ORDER granting 61 Motion for Extension of Time to File Response/Reply Signed by Judge Margaret B Seymour on 1/6/06.There is no document for this entry(cbru, ) (Entered: 01/06/2006)
712006-01-06 ORDER granting 69 Motion for Extension of Time to File Response/Reply re 56 MOTION for Partial Summary Judgment. Plaintiff's/Plaintiffs' response to Defendants' motion for partial summary judgment is due January 31, 2006. Signed by Judge Margaret B Seymour on 1/6/06.There is no document for this entry(cbru, ) (Entered: 01/06/2006)
722006-01-11 ORDER granting 55 Motion for Leave to File Excess Pages, granting 62 Motion for Leave to File Excess Pages Signed by Judge Margaret B Seymour on 1/11/06.There is no document for this entry(cbru, ) (Entered: 01/11/2006)
732006-02-01 ORDER creating management case docket 1-06-mn-6000. Any identical entry filed in three or more cases should be filed solely in the management case. See the PDF image of the Order for further instructions. Signed by Judge Margaret B Seymour on 1/31/06. (cbru, ) (Entered: 02/01/2006)
742006-02-10 TRANSCRIPT of motion hearing held on 12-19-05 before Judge Margaret B. Seymour. Court Reporter: Dan Mayo. (dmayo, ) (Entered: 02/10/2006)
752006-03-06 ORDER denying 41 Motion to Dismiss, finding as moot 42 Motion to Stay, denying 24 Motion to Remand. Plaintiff's response to 44 MOTION to Disqualify Counsel is due within 15 days of the date of entry of this Order. Plaintiff is directed to amend the complaint to reflect the proper party plaintiffs within 15 days of the date of entry of this Order. Signed by Judge Margaret B Seymour on 3/6/06.(cbru, ) (Entered: 03/06/2006)
762006-03-06 SCHEDULING ORDERRule 26 Report due by 3/15/2006. Amended Pleadings due by 3/21/2006. Plaintiffs ID of Expert Witness due by 7/31/2006. Defendants ID of Expert Witnesses Due by 10/31/2006. Records Custodian Affidavit due by 8/1/2007. Discovery due by 4/2/2007. Motions due by 6/1/2007. Rule 26(a)(3) Disclosures due by 9/4/2007. Jury Selection Deadline 10/1/2007. Mediation Due by 8/1/2007. Signed by Judge Margaret B Seymour on 3/6/06. (cbru, ) (Entered: 03/06/2006)
772006-03-15 Rule 26(f) Report by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Revised Proposed Scheduling Order# 2 Redlined Version Revised Proposed Scheduling Order)(Tate, Ronald) Modified description of attachments on 3/16/2006 (cbru, ). (Entered: 03/15/2006)
782006-03-15 Rule 26(f) Report by Avondale Incorporated. (Attachments: # 1 Proposed Order)(Butler, James) Modified description of attachment on 3/16/2006 (cbru, ). (Entered: 03/15/2006)
792006-03-15 Rule 26(f) Report by James Thornton.(Davison, John) (Entered: 03/15/2006)
802006-03-15 Rule 26(f) Report by Benjamin Aiken.(Culbreath, Gray) (Entered: 03/15/2006)
812006-03-16 Rule 26(f) Report by Mike Ford.(Todd, Monteith) (Entered: 03/16/2006)
822006-03-17 NOTICE of Appearance by Henry L Parr, Jr on behalf of King and Spalding LLP (Parr, Henry) (Entered: 03/17/2006)
832006-03-17 RESPONSE in Opposition re 44 MOTION to Disqualify Counsel King & Spalding Response filed by King and Spalding LLP.Reply to Response to Motion due by 3/24/2006 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 Exhibit 1 Pioneer Case# 2 Exhibit 2 Declaration of Keith Hull# 3 Exhibit 3 Michael Russ Declaration# 4 Exhibit 3 (Exhibit A-H to Russ Declaration)# 5 Exhibit 3 (Exhibit I to Russ Declaration)# 6 Exhibit 3 (Exhibit J-L to Russ Declaration)# 7 Exhibit 4 Kinzenbaw Case# 8 Exhibit 5 Installation Software Case)(Parr, Henry) Modified docket text and description of attachments on 3/17/2006 (cbru, ). (Entered: 03/17/2006)
842006-03-17 NOTICE of Hearing on Motion 44 MOTION to Disqualify Counsel King & Spalding: Motion Hearing set for 4/19/2006 02:00 PM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (cbru, ) (Entered: 03/17/2006)
852006-03-20 CERTIFICATE OF SERVICE by King and Spalding LLP re 82 Notice of Appearance (Parr, Henry) Modified docket text on 3/21/2006 (cbru, ). (Entered: 03/20/2006)
862006-03-20 CERTIFICATE OF SERVICE by King and Spalding LLP re 83 Response in Opposition to Motion. (Parr, Henry) Modified docket text on 3/21/2006 (cbru, ). (Entered: 03/20/2006)
872006-03-20 MOTION for Reconsideration re 75 Order on Motion to Dismiss,, Order on Motion to Stay,, Order on Motion to Remand, by Avondale Incorporated. Response to Motion due by 4/7/2006 (Attachments: # 1 Certificate of Service)No proposed order(Richardson, Terry) Modified description of attachment on 3/21/2006 (cbru, ). (Entered: 03/20/2006)
882006-03-21 MOTION to Intervene and Supporting Memorandum by Factory Mutual Insurance Company. Response to Motion due by 4/10/2006 (Attachments: # 1 Exhibit 1# 2 Exhibit 2)No proposed order(Smith, Michael) (Entered: 03/21/2006)
892006-03-21 MOTION for Certificate of Appealability of Court's March 6, 2006 Order by Avondale Incorporated. Response to Motion due by 4/10/2006 (Attachments: # 1 Memo in Support)No proposed order(Richardson, Terry) (Entered: 03/21/2006)
902006-03-21 AMENDED COMPLAINT against all defendants Service due by 7/19/2006, filed by Avondale Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Mills Incorporated. (Attachments: # 1 Exhibit Certificate of Service of Amended Complaint) (Richardson, Terry) Modified to reflect all filing parties on 3/22/2006 (cbru, ). (Entered: 03/21/2006)
912006-03-21 MOTION to Amend/Correct 90 Amended Complaint by Avondale Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Mills Incorporated. Response to Motion due by 4/10/2006 (Attachments: # 1 Exhibit Second Amended Complaint# 2 Proposed Order To File Second Amended Complaint# 3 Exhibit Certificate of Service)Proposed order is being emailed to chambers with copy to opposing counsel(Richardson, Terry) Modified to reflect all filing parties on 3/22/2006 (cbru, ). Additional attachments filed on 3/23/2006 (cbru, ). (Entered: 03/21/2006)
922006-03-23 Additional Attachments to Main Document 91 MOTION to Amend/Correct 90 Amended Complaint Attachment - Original Complaint. (Richardson, Terry) (Entered: 03/23/2006)
932006-03-27 REPLY to Response to Motion re 44 MOTION to Disqualify Counsel King & Spalding Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Attachment A# 2 Attachment B# 3 Attachment C# 4 Attachment D)(Tate, Ronald) Modified description of attachments on 3/28/2006 (cbru, ). (Entered: 03/27/2006)
952006-03-29 ANSWER to Amended Complaint by James Thornton.(Davison, John) (Entered: 03/29/2006)
962006-03-30 Deficiency Memo: #94 MOTION for Extension of Time. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 3/31/2006. (cbru, ) (Entered: 03/30/2006)
972006-03-29 MOTION for Extension of Time to File Answer by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 4/17/2006 Proposed order is being emailed to chambers with copy to opposing counsel(Tate, Ronald) Modified date filed and Response to Motion due date on 3/31/2006 (cbru, ). (Entered: 03/31/2006)
982006-03-31 ANSWER to Amended Complaint by Mike Ford.(Todd, Monteith) (Entered: 03/31/2006)
992006-04-03 ORDER granting 97 Motion for Extension of Time to Answer re 90 Amended Complaint, Norfolk Southern Railway Company answer due 4/10/2006; Norfolk Southern Corporation answer due 4/10/2006. Signed by Judge Margaret B Seymour on 4/3/06.(cbru, ) (Entered: 04/03/2006)
1012006-04-03 REPLY by Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Incorporated Reply Brief in Support of Motion to Stay filed as entry #17 in 1-06-mn-6000 (In re Graniteville Cases). (Richardson, Terry) Modified docket text on 4/4/2006 (cbru, ). (Entered: 04/03/2006)
1022006-04-05 NOTICE of Appearance by Walter McBrayer Wood on behalf of Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Incorporated (Wood, Walter) (Entered: 04/05/2006)
1032006-04-07 RESPONSE in Opposition re 87 MOTION for Reconsideration re 75 Order on Motion to Dismiss,, Order on Motion to Stay,, Order on Motion to Remand, Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 4/14/2006 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Tate, Ronald) Modified description of attachments on 4/11/2006 (cbru, ). (Entered: 04/07/2006)
1042006-04-10 RESPONSE in Opposition re 89 MOTION for Certificate of Appealability of Court's March 6, 2006 Order Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 4/17/2006 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13)(Tate, Ronald) Modified description of attachments on 4/11/2006 (cbru, ). (Entered: 04/10/2006)
1052006-04-10 RESPONSE in Opposition re 88 MOTION to Intervene and Supporting Memorandum Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 4/17/2006 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 Attachment 1# 2 Attachment 2# 3 Attachment 3# 4 Attachment 4)(Tate, Ronald) Modified description of attachments on 4/11/2006 (cbru, ). (Entered: 04/10/2006)
1072006-04-10 ANSWER to Amended Complaint by Norfolk Southern Railway Company, Norfolk Southern Corporation.(Tate, Ronald) (Entered: 04/10/2006)
1082006-04-10 RESPONSE in Opposition re 91 MOTION to Amend/Correct 90 Amended Complaint Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 4/17/2006 plus 3 calendar days per FRCvP 6(e) (Tate, Ronald) (Entered: 04/10/2006)
1092006-04-11 Deficiency Memo: #106 MOTION to Strike 90 Amended Complaint. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 4/12/2006. (cbru, ) (Entered: 04/11/2006)
1102006-04-10 MOTION to Strike 90 Amended Complaint,, MOTION to Deny Joinder or Drop Graniteville Fabrics under FRCP 21 or Exercise Supplemental Jurisdiction re 90 Amended Complaint, by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 4/28/2006 (Attachments: # 1 Memo in Support # 2 List of Attachments# 3 Exhibit Attachment 1# 4 Exhibit Attachment 2# 5 Exhibit Attachment 3# 6 Exhibit Attachment 4# 7 Exhibit Attachment 5# 8 Exhibit Attachment 6# 9 Exhibit Attachment 7# 10 Exhibit Attachment 8# 11 Exhibit Attachment 9# 12 Exhibit Attachment 10# 13 Exhibit Attachment 11# 14 Exhibit Attachment 12# 15 Exhibit Attachment 13)No proposed order(Tate, Ronald) Modified date filed, Response to Motion due date, and description of attachments on 4/12/2006 (cbru, ). (Entered: 04/11/2006)
1112006-04-12 MOTION for Extension of Time to File Response/Reply as to 105 Response in Opposition to Motion, by Factory Mutual Insurance Company. Response to Motion due by 5/1/2006 (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel(Smith, Michael) (Entered: 04/12/2006)
1122006-04-13 ORDER granting 111 Motion for Extension of Time to File Response/Reply re 88 MOTION to Intervene and Supporting Memorandum Replies due by 5/1/2006. Signed by Judge Margaret B Seymour on 4/13/06.(cbru, ) (Entered: 04/13/2006)
1132006-04-17 REPLY to Response to Motion re 87 MOTION for Reconsideration re 75 Order on Motion to Dismiss,, Order on Motion to Stay,, Order on Motion to Remand, Response filed by Avondale Incorporated. (Attachments: # 1 Exhibit Terry v. June# 2 Exhibit Randolph v. Joe Holland Chevrolet, Inc.# 3 Exhibit Quinn v. Booth Memorial Hospital# 4 Exhibit Sanders v. S.C. Dept. of Corrections)(Richardson, Terry) Modified description of attachments on 4/18/2006 (cbru, ). (Entered: 04/17/2006)
1152006-04-19 Minute Entry for proceedings held before Judge Margaret B Seymour : Motion Hearing held on 4/19/2006 re 44 MOTION to Disqualify Counsel King & Spalding filed by Norfolk Southern Corporation, Norfolk Southern Railway Company. Court takes under advisement; written order forthcoming. (Court Reporter Gary Smith.) (mdea ) (Entered: 04/20/2006)
1162006-04-20 Deficiency Memo: #114 MOTION to Appear Pro Hac Vice. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 4/20/2006. (cbru, ) (Entered: 04/20/2006)
1172006-04-19 MOTION to Appear Pro Hac Vice by Ben F. Easterlin IV ( Filing fee $ 250 receipt number 544938) by Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Incorporated. Response to Motion due by 5/8/2006 (Attachments: # 1 Affidavit Application for PHV Admission of Ben Easterlin# 2 Exhibit Certificate of Good Standing of Ben Easterlin)Proposed order is being emailed to chambers with copy to opposing counsel(Richardson, Terry) Modified date filed on 4/20/2006 (cbru, ). (Entered: 04/20/2006)
1182006-04-19 ORAL ORDER granting 117 Motion to Appear Pro Hac Vice Signed by Judge Margaret B Seymour on 4/19/2006.(mdea )There is no document for this entry (Entered: 04/20/2006)
1192006-04-20 REPLY to Response to Motion re 91 MOTION to Amend/Correct 90 Amended Complaint Response filed by Avondale Incorporated, Avondale Mills Graniteville Frabrics Incorporated, Avondale Mills Incorporated. (Butler, James) Modified docket text and to add filers on 4/21/2006 (cbru, ). (Entered: 04/20/2006)
1202006-04-20 REPLY to Response to Motion re 89 MOTION for Certificate of Appealability of Court's March 6, 2006 Order Response filed by Avondale Incorporated. (Attachments: # 1 Exhibit Watson v. Philip Morris Cos., Inc.# 2 Exhibit In re Brand Name Prescription Drugs Antitrust Litig., MDL No. 897# 3 Exhibit Dew v. Nabisco, Inc.# 4 Exhibit Thornton v. Signature Flight Support Corp.# 5 Exhibit Mt. Olivet Tabernacle Church v. Emerson Elec. Co.# 6 Exhibit Holstrom v. Harad# 7 Exhibit Recognition Communications, Inc. v. American Automobile Association, Inc.(Wood, Walter) Modified description of attachments on 4/21/2006 (cbru, ). (Entered: 04/20/2006)
1212006-04-21 TRANSCRIPT of motion hearing held on April 19, 2006 before Judge Margaret B. Seymour. Court Reporter: Gary Smith. (gsmith, ) (Entered: 04/21/2006)
1232006-04-28 RESPONSE in Opposition re 110 MOTION to Strike 90 Amended Complaint, MOTION to Deny Joinder or Drop Graniteville Fabrics under FRCP 21 or Exercise Supplemental Jurisdiction re 90 Amended Complaint, Response filed by Avondale Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Mills Incorporated.Reply to Response to Motion due by 5/5/2006 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 Affidavit # 2 Case Law# 3 Case Law)(Butler, James) Modified docket text, to add description of attachments, and to add filers on 5/1/2006 (cbru, ). (Entered: 04/28/2006)
1242006-05-01 REPLY to Response to Motion re 88 MOTION to Intervene and Supporting Memorandum, Response filed by Factory Mutual Insurance Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Smith, Michael) Modified to correct docket entry relationship on 5/2/2006 (cbru, ). (Entered: 05/01/2006)
1252006-05-04 MOTION to Compel Discovery by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 5/22/2006 (Attachments: # 1 Memo in Support # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15# 17 Exhibit 16# 18 Exhibit 17# 19 Exhibit 18# 20 Exhibit 19)No proposed order(Boyd, W) Modified description of attachments on 5/5/2006 (cbru, ). (Entered: 05/04/2006)
1262006-05-04 MOTION to Compel Discovery by Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Incorporated. Response to Motion due by 5/22/2006 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)No proposed order(Butler, James) Modified description of attachments on 5/5/2006 (cbru, ). (Entered: 05/04/2006)
1272006-05-08 REPLY to Response to Motion re 110 MOTION to Strike 90 Amended Complaint, MOTION to Deny Joinder or Drop Graniteville Fabrics under FRCP 21 or Exercise Supplemental Jurisdiction re 90 Amended Complaint, Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit Att. 1# 2 Exhibit Att. 2# 3 Exhibit Att. 3# 4 Exhibit Att. 4# 5 Exhibit Att. 5# 6 Exhibit Att. 6# 7 Exhibit Att. 7# 8 Exhibit Att. 8)(Tate, Ronald) Modified docket text and description of attachments on 5/9/2006 (cbru, ). (Entered: 05/08/2006)
1312006-05-23 Deficiency Memo: #128 MOTION to Quash. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 5/24/2006. (cbru, ) (Entered: 05/23/2006)
1322006-05-23 Deficiency Memo: #129 MOTION to Withdraw. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 5/24/2006. (cbru, ) (Entered: 05/23/2006)
1332006-05-23 Deficiency Memo: #130 RESPONSE to Motion re 125 MOTION to Compel Discovery. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 5/24/2006. (cbru, ) (Entered: 05/23/2006)
1342006-05-22 Withdrawal of Motions: 126 MOTION to Compel Discovery filed by Avondale Incorporated, Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated. (Richardson, Terry) Modified date filed on 5/24/2006 (cbru, ). (Entered: 05/23/2006)
1352006-05-22 MOTION for Protective Order, MOTION to Quash by Factory Mutual Insurance Company. Response to Motion due by 6/9/2006 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)No proposed order(Smith, Michael) Modified date filed and Response to Motion due date on 5/24/2006 (cbru, ). (Entered: 05/23/2006)
1362006-05-22 RESPONSE in Opposition re 125 MOTION to Compel Discovery Response filed by Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Incorporated.Reply to Response to Motion due by 5/30/2006 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12)(Richardson, Terry) Modified date filed and Reply to Response to Motion due date on 5/24/2006 (cbru, ). (Entered: 05/23/2006)
1372006-06-02 REPLY to Response to Motion re 125 MOTION to Compel Discovery Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. #1# 3 Exhibit Att. #2# 4 Exhibit Att. #3# 5 Exhibit Att. #4# 6 Exhibit Att. #5# 7 Exhibit Att. #6# 8 Exhibit Att. #7# 9 Exhibit Att. #8# 10 Exhibit Att. #9# 11 Exhibit Att. #10# 12 Exhibit Att. #11)(Tate, Ronald) Modified description of attachments on 6/5/2006 (cbru, ). (Entered: 06/02/2006)
1392006-06-13 Deficiency Memo: #138 RESPONSE in Opposition. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 6/14/2006. (cbru, ) (Entered: 06/13/2006)
1402006-06-09 RESPONSE in Opposition re 135 MOTION for Protective Order MOTION to Quash MOTION to Quash Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 6/16/2006 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. #1# 3 Exhibit Att. #2# 4 Exhibit Att. #3# 5 Exhibit Att. #4# 6 Exhibit Att. #5# 7 Exhibit Att. #6# 8 Exhibit Att. #7# 9 Exhibit Att. #8# 10 Exhibit Att. #9# 11 Exhibit Att. #10# 12 Exhibit Att. #11# 13 Exhibit Att. #12# 14 Exhibit Att. #13)(Tate, Ronald) Modified date filed, Reply to Response to Motion due date, and description of attachment on 6/14/2006 (cbru, ). (Entered: 06/13/2006)
1412006-06-09 Cross MOTION to Compel Discovery by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 6/29/2006 No proposed order(Tate, Ronald) Modified date filed and Response to Motion due date on 6/14/2006 (cbru, ). (Entered: 06/13/2006)
1432006-06-21 Deficiency Memo: #142 MOTION to Compel. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 6/22/2006. (cbru, ) (Entered: 06/21/2006)
1442006-06-19 MOTION for In Camera Review, MOTION to Compel by Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Incorporated. Response to Motion due by 7/7/2006 (Attachments: # 1 Memo in Support# 2 Exhibit A (Documents Subject of Motion)# 3 Exhibit B (Letter Dated 5/18/06)# 4 Exhibit C (Letter of 6/7/2006)# 5 Exhibit D (Letter dated 6/16/06)# 6 Exhibit E (LaBelle v. PM)# 7 Exhibit F (Heavin v. OC))No proposed order(Richardson, Terry) Modified date filed, Response to Motion due date, docket text, and description of attachments on 6/22/2006 (cbru, ). (Entered: 06/21/2006)
1452006-07-07 RESPONSE in Opposition re 144 MOTION for In Camera Review MOTION to Compel Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 7/14/2006 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 List of Attachments# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J)(Tate, Ronald) Modified docket text and description of attachments on 7/10/2006 (cbru, ). Additional attachments filed on 7/28/2006 (cbru, ). (Entered: 07/07/2006)
1462006-07-10 MOTION for Order Approving Procedure for Sale of Assets by Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Incorporated. Response to Motion due by 7/28/2006 (Attachments: # 1 Declaration of G Stephen Felker, Sr# 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel(Richardson, Terry) Modified docket text and description of attachments on 7/11/2006 (cbru, ). (Entered: 07/10/2006)
1472006-07-14 MOTION for Extension of Time of Schedule by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 8/1/2006 (Attachments: # 1 Memo in Support # 2 List of Attachments# 3 Attachment 1(A)# 4 Attachment 1(B)# 5 Attachment 2# 6 Attachment 3# 7 Attachment 4# 8 Attachment 5# 9 Attachment 6# 10 Attachment 7# 11 Attachment 8# 12 Attachment 9# 13 Attachment 10# 14 Attachment 11# 15 Attachment 12# 16 Attachment 13# 17 Attachment 14# 18 Attachment 15# 19 Attachment 16# 20 Attachment 17# 21 Attachment 18# 22 Attachment 19)No proposed order(Boyd, W) (Entered: 07/14/2006)
1482006-07-17 REPLY to Response to Motion re 144 MOTION for In Camera Review MOTION to Compel MOTION to Compel MOTION to Compel Response filed by Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Incorporated. (Attachments: # 1 Exhibit G# 2 Exhibit H# 3 Exhibit I# 4 Exhibit J# 5 Exhibit K# 6 Exhibit L# 7 Exhibit M)(Richardson, Terry) (Entered: 07/17/2006)
1492006-07-18 ORDER denying 87 Motion for Reconsideration, denying 89 Motion for Certificate of Appealability Signed by Judge Margaret B Seymour on 7/17/2006.(mdea ) (Entered: 07/18/2006)
1502006-07-18 NOTICE of Hearing on All Pending Motions; Motion Hearing set for 8/2/2006 01:30 PM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (mdea ) (Entered: 07/18/2006)
1512006-07-19 NOTICE of Hearing on Motion 110 MOTION to Strike 90 Amended Complaint, MOTION to Deny Joinder or Drop Graniteville Fabrics under FRCP 21 or Exercise Supplemental Jurisdiction re 90 Amended Complaint: Motion Hearing set for 7/25/2006 02:00 PM in Aiken #1, Charles E. Simons, Jr. Court House, 223 Park Ave, Aiken before Honorable Margaret B Seymour. (mdea ) (Entered: 07/19/2006)
1522006-07-19 ORDER denying 44 Motion to Disqualify Counsel. Signed by Judge Margaret B Seymour on 7/19/2006.(mdea ) (Entered: 07/19/2006)
1532006-07-20 RESPONSE in Opposition re 146 MOTION for Order Approving Procedure for Sale of Assets Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 7/27/2006 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. #1# 3 Exhibit Att. 2# 4 Exhibit Att. 3# 5 Exhibit Att. 4# 6 Exhibit Att. 5# 7 Exhibit Att. 6# 8 Exhibit Att. 7# 9 Exhibit Att. 8# 10 Exhibit Att. 9# 11 Exhibit Att. 10# 12 Exhibit Att. 11# 13 Exhibit Att. 12# 14 Exhibit Att. 13# 15 Exhibit Att. 14# 16 Exhibit Att. 15# 17 Exhibit Att. 16# 18 Exhibit Att. 17# 19 Exhibit Att. 18# 20 Exhibit Att. 19# 21 Exhibit Att. 20# 22 Exhibit Att. 21)(Tate, Ronald) Modified description of exhibit #19 on 7/21/2006 (mdea ). (Entered: 07/20/2006)
1542006-07-21 NOTICE of Cancellation of Hearing: hearing on motion to strike amended complaint set for 7/25/06 at 2:00 PM. (mdea ) (Entered: 07/21/2006)
1552006-07-28 Additional Attachments to Main Document 145 Response in Opposition to Motion Amended Attachment F. (Tate, Ronald) Modified docket text on 7/31/2006 (cbru, ). (Entered: 07/28/2006)
1562006-07-31 RESPONSE in Opposition re 147 MOTION for Extension of Time of Schedule and Support of Plaintiffs' Cross-Motion to Advance Trial Date Response filed by Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Incorporated.Reply to Response to Motion due by 8/7/2006 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 Exhibit Exhibit List)(Richardson, Terry) Additional attachments filed on 7/31/2006 (cbru, ). (Entered: 07/31/2006)
1572006-07-31 Additional Attachments to Main Document 156 Response in Opposition to Motion, Exhibit One, Part One. (Attachments: # 1 Exhibit One, Part Two)(Richardson, Terry) (Entered: 07/31/2006)
1582006-07-31 Additional Attachments to Main Document 156 Response in Opposition to Motion, Exhibit One, Part Three. (Attachments: # 1 Exhibit One, Part Four)(Richardson, Terry) (Entered: 07/31/2006)
1592006-07-31 Additional Attachments to Main Document 156 Response in Opposition to Motion, Exhibit One, Part Five. (Attachments: # 1 Exhibit One, Part Six)(Richardson, Terry) (Entered: 07/31/2006)
1602006-07-31 Additional Attachments to Main Document 156 Response in Opposition to Motion, Exhibit Two, Part One. (Richardson, Terry) (Entered: 07/31/2006)
1612006-07-31 Additional Attachments to Main Document 156 Response in Opposition to Motion, Exhibit Two, Part Two. (Richardson, Terry) (Entered: 07/31/2006)
1622006-07-31 Additional Attachments to Main Document 156 Response in Opposition to Motion, Exhibit Two, Part Three. (Attachments: # 1 Exhibit Two, Part Four)(Richardson, Terry) (Entered: 07/31/2006)
1632006-07-31 Additional Attachments to Main Document 156 Response in Opposition to Motion, Exhibit Three. (Attachments: # 1 Exhibit Four# 2 Exhibit Five# 3 Exhibit Six# 4 Exhibit Seven# 5 Exhibit Eight# 6 Exhibit Nine# 7 Exhibit Ten# 8 Exhibit Eleven# 9 Exhibit Twelve# 10 Exhibit Thirteen# 11 Exhibit Fourteen# 12 Exhibit Fifteen# 13 Exhibit Sixteen)(Richardson, Terry) (Entered: 07/31/2006)
1642006-07-31 Additional Attachments to Main Document 156 Response in Opposition to Motion, Exhibit Seventeen. (Attachments: # 1 Exhibit Eighteen# 2 Exhibit Nineteen# 3 Exhibit Twenty# 4 Exhibit Twenty-One# 5 Exhibit Twenty-Two# 6 Exhibit Twenty-Three# 7 Exhibit Twenty-Four# 8 Exhibit Twenty-Five# 9 Exhibit Twenty-Six# 10 Exhibit Twenty-Seven# 11 Exhibit Twenty-Eight# 12 Exhibit Twenty-Nine# 13 Exhibit Thirty# 14 Exhibit Thirty-One)(Richardson, Terry) (Entered: 07/31/2006)
1652006-07-31 Additional Attachments to Main Document 156 Response in Opposition to Motion, Exhibit Thirty-Two. (Attachments: # 1 Exhibit Thirty-Three# 2 Exhibit Thirty-Four# 3 Exhibit Thirty-Five# 4 Exhibit Thirty-Six# 5 Exhibit Thirty-Seven# 6 Exhibit Thirty-Eight# 7 Exhibit Thirty-Nine# 8 Exhibit Forty# 9 Exhibit Forty-One# 10 Exhibit Forty-Two# 11 Exhibit Forty-Three)(Richardson, Terry) (Entered: 07/31/2006)
1662006-07-31 Additional Attachments to Main Document 156 Response in Opposition to Motion, Exhibit Forty-Four. (Attachments: # 1 Exhibit Forty-Five# 2 Exhibit Forty-Six# 3 Exhibit Forty-Seven# 4 Exhibit Forty-Eight# 5 Exhibit Forty-Nine# 6 Exhibit Fifty# 7 Exhibit Fifty-One# 8 Exhibit Fifty-Two# 9 Exhibit Fifty-Three)(Richardson, Terry) (Entered: 07/31/2006)
1672006-07-31 Additional Attachments to Main Document 156 Response in Opposition to Motion, Exhibit Fifty-Four. (Attachments: # 1 Exhibit Fifty-Five# 2 Exhibit Fifty-Six# 3 Exhibit Fifty-Seven# 4 Exhibit Fifty-Eight# 5 Exhibit Fifty-Nine# 6 Exhibit Sixty# 7 Exhibit Sixty-One)(Richardson, Terry) (Entered: 07/31/2006)
1682006-07-31 Cross MOTION To Advance Trial Date by Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Incorporated. Response to Motion due by 8/18/2006 No proposed order(Richardson, Terry) (Entered: 07/31/2006)
1702006-07-31 PLAINTIFF'S ID OF EXPERT WITNESSES by Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Incorporated.(Wood, Walter) (Entered: 07/31/2006)
1712006-08-02 MOTION to Appear Pro Hac Vice by Michael Claude Russ ( Filing fee $ 250 receipt number 676982) by Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Incorporated. Response to Motion due by 8/21/2006 (Attachments: # 1 Certificate of Good Standing# 2 Affidavit/Application) Proposed order is being emailed to chambers with copy to opposing counsel(Richardson, Terry) Modified attachments on 8/2/2006 (cbru, ). (Entered: 08/02/2006)
1792006-08-02 ORDER granting 171 Motion to Appear Pro Hac Vice Signed by Judge Margaret B Seymour on 8/2/06.(cbru, )There is no document for this entry (Entered: 08/02/2006)
1802006-08-02 Minute Entry for proceedings held before Judge Margaret B Seymour : granting 88 Motion to Intervene, withdrawing 91 Motion to Amend/Correct Amended Complaint, withdrawing 110 Motion to Strike Amended Complaint, withdrawing 110 Motion to Deny Joinder or Drop Graniteville Fabrics, terminating 125 Motion to Compel, withdrawing 135 Motion for Protective Order, withdrawing 135 Motion to Quash, withdrawing 141 Motion to Compel, granting 144 Motion for In Camera Review, granting 144 Motion to Compel, granting 146 Motion for Order Approving Procedure for Sale of Assets, denying 147 Motion for Extension of Time, denying 168 Motion to Advance Trial Date. Motion Hearing held on 8/2/2006 re 110 MOTION to Strike 90 Amended Complaint, MOTION to Deny Joinder or Drop Graniteville Fabrics under FRCP 21 or Exercise Supplemental Jurisdiction re 90 Amended Complaint, MOTION to Deny Joinder or Drop Graniteville Fabrics under FRCP 21 or Exercise Supplemental Jurisdiction re 90 Amended Complaint, MOTION to Deny Joinder or Drop Graniteville Fabrics under FRCP 21 or Exercise Supplemental Jurisdiction re 90 Amended Complaint, MOTION to Deny Joinder or Drop Graniteville Fabrics under FRCP 21 or Exercise Supplemental Jurisdiction re 90 Amended Complaint, filed by Norfolk Southern Corporation, Norfolk Southern Railway Company, 125 MOTION to Compel Discovery filed by Norfolk Southern Corporation, Norfolk Southern Railway Company, 147 MOTION for Extension of Time of Schedule filed by Norfolk Southern Corporation, Norfolk Southern Railway Company, 91 MOTION to Amend/Correct 90 Amended Complaint filed by Avondale Incorporated, Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, 141 Cross MOTION to Compel Discovery filed by Norfolk Southern Corporation, Norfolk Southern Railway Company, 146 MOTION for Order Approving Procedure for Sale of Assets filed by Avondale Incorporated, Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, 144 MOTION for In Camera Review MOTION to Compel MOTION to Compel MOTION to Compel filed by Avondale Incorporated, Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, 168 Cross MOTION To Advance Trial Date filed by Avondale Incorporated, Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, 88 MOTION to Intervene filed by Factory Mutual Insurance Company, 135 MOTION for Protective Order, MOTION to Quash filed by Factory Mutual Insurance Company. (Court Reporter Gary Smith.) (mdea ) (Entered: 08/03/2006)
1812006-08-02 COURT EXHIBIT for 8/2/2006 motion hearing introduced by Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, Avondale Incorporated. (mdea ) (Entered: 08/03/2006)
1822006-08-07 TRANSCRIPT of motions hearing held on August 2, 2006 before Judge Margaret B. Seymour. Court Reporter: Gary Smith. (gsmith, ) Additional attachment(s) added on 8/9/2006 - corrected pdf (mdea, ). (Entered: 08/07/2006)
1832006-08-08 STIPULATION AND ORDER withdrawing 91 MOTION to Amend/Correct 90 Amended Complaint, withdrawing 110 MOTION to Strike 90 Amended Complaint, and granting permission to file a Second Amended Complaint. Signed by Judge Margaret B Seymour on 8/8/06. (Attachments: # 1 Exhibit A)(cbru, ) (Entered: 08/08/2006)
1842006-08-08 AMENDED COMPLAINT against Norfolk Southern Railway Company, Benjamin Aiken, Mike Ford, James Thornton, Norfolk Southern Corporation Service due by 12/6/2006, filed by Avondale Mills Incorporated. (Richardson, Terry) Modified to delete filers on 8/9/2006 (cbru, ). (Entered: 08/08/2006)
1852006-08-09 ANSWER to Amended Complaint by Mike Ford.(Todd, Monteith) (Entered: 08/09/2006)
1862006-08-11 MOTION to Appear Pro Hac Vice by John C. Duffey ( Filing fee $ 250 receipt number 688677) by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 8/29/2006 (Attachments: # 1 Affidavit/Application # 2 Certificate of Good Standing)No proposed order(Kelly, Christopher) Modified description of attachments and to add filer on 8/11/2006 (cbru, ). (Entered: 08/11/2006)
1872006-08-11 MOTION to Appear Pro Hac Vice by Crawford S. McGivaren, Jr. ( Filing fee $ 250 receipt number 688706) by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 8/29/2006 (Attachments: # 1 Affidavit/Application# 2 Certificate of Good Standing)No proposed order(Kelly, Christopher) Modified description of attachments and to add filer on 8/11/2006 (cbru, ). (Entered: 08/11/2006)
1882006-08-11 ORDER granting 186 Motion to Appear Pro Hac Vice, granting 187 Motion to Appear Pro Hac Vice Signed by Judge Margaret B Seymour on 8/11/06.(cbru, )There is no document for this entry (Entered: 08/11/2006)
1892006-08-15 ANSWER to Amended Complaint Second Amended Complaint by Benjamin Aiken.(Culbreath, Gray) (Entered: 08/15/2006)
1902006-08-15 MOTION to Appear Pro Hac Vice by Elizabeth J. Campbell ( Filing fee $ 250 receipt number 692294) by Factory Mutual Insurance Company. Response to Motion due by 9/5/2006 (Attachments: # 1 Affidavit Application/Affidavit# 2 Exhibit Good Standing Statement)No proposed order(Smith, Michael) (Entered: 08/15/2006)
1912006-08-15 MOTION to Appear Pro Hac Vice by Robert W. Fisher ( Filing fee $ 250 receipt number 692334) by Factory Mutual Insurance Company. Response to Motion due by 9/5/2006 (Attachments: # 1 Affidavit Application/Affidavit# 2 Exhibit Good Standing Statement)No proposed order(Smith, Michael) (Entered: 08/15/2006)
1922006-08-15 MOTION to Appear Pro Hac Vice by Richard L. Sizemore ( Filing fee $ 250 receipt number 692345) by Factory Mutual Insurance Company. Response to Motion due by 9/5/2006 (Attachments: # 1 Affidavit Application/Affidavit# 2 Exhibit Good Standing Statement)No proposed order(Smith, Michael) (Entered: 08/15/2006)
1932006-08-15 MOTION to Appear Pro Hac Vice by William H. Stanhope ( Filing fee $ 250 receipt number 692358) by Factory Mutual Insurance Company. Response to Motion due by 9/5/2006 (Attachments: # 1 Affidavit Application/Affidavit# 2 Exhibit Good Standing Statement)No proposed order(Smith, Michael) (Entered: 08/15/2006)
1942006-08-15 ANSWER to Amended Complaint by James Thornton.(Davison, John) (Entered: 08/15/2006)
1952006-08-15 ORDER granting 190 Motion to Appear Pro Hac Vice, granting 191 Motion to Appear Pro Hac Vice, granting 192 Motion to Appear Pro Hac Vice, granting 193 Motion to Appear Pro Hac Vice Signed by Judge Margaret B Seymour on 8/15/06.(cbru, )There is no document for this entry (Entered: 08/15/2006)
1972006-08-21 Deficiency Memo: # 196 MOTION for Extension of Time. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 8/22/2006. (cbru, ) (Entered: 08/21/2006)
1982006-08-18 MOTION for Extension of Time of Schedule, MOTION for Expedited Hearing by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 9/5/2006 (Attachments: # 1 Memo in Support # 2 List of Attachments# 3 Attachment A# 4 Attachment B# 5 Attachment C# 6 Attachment D# 7 Attachment E# 8 Attachment F# 9 Attachment G# 10 Attachment H# 11 Attachment I# 12 Attachment J# 13 Attachment K)No proposed order(Boyd, W) Modified date filed, Response to Motion due date, and docket text on 8/22/2006 (cbru, ). (Entered: 08/21/2006)
1992006-08-21 Minute Entry for proceedings held before Judge Margaret B Seymour : granting in part and denying in part 56 Motion for Partial Summary Judgment. Motion Hearing held on 8/21/2006 re 56 MOTION for Partial Summary Judgment filed by Norfolk Southern Corporation, Norfolk Southern Railway Company. (Granted as to preemption with respect to claims regarding transportation of hazardous materials, response to the chlorine release and the braking system; claims with respect to excessive speed, and claims that the switch position indicators were not "clearly visible". Denied as to negative preemption only as to the method of operations claim, negligent training, Hours of Service Act, and Negligent Retention.) (Court Reporter Debra Jernigan.) (mdea ) (Entered: 08/23/2006)
2002006-08-24 ANSWER to Amended Complaint (Second) by Norfolk Southern Railway Company, Norfolk Southern Corporation.(Tate, Ronald) Modified docket text on 8/25/2006 (cbru, ). (Entered: 08/24/2006)
2022006-08-30 MOTION to Compel Production of Relevant Pre-2005 Documents of Leigh Ann Mansmann by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 9/18/2006 (Attachments: # 1 Memo in Support# 2 List of Attachments# 3 Exhibit Att. A# 4 Exhibit Att. B# 5 Exhibit Att. C# 6 Exhibit Att. D# 7 Exhibit Att. E# 8 Exhibit Att. F# 9 Exhibit Att. G# 10 Exhibit Att. H# 11 Exhibit Att. I# 12 Exhibit Att. J# 13 Exhibit Att. K# 14 Exhibit Att. L# 15 Exhibit Att. M# 16 Exhibit Att. N# 17 Exhibit Att. O# 18 Exhibit Att. P# 19 Exhibit Att. Q)No proposed order(Tate, Ronald) Modified description of attachments on 8/31/2006 (cbru, ). (Entered: 08/30/2006)
2032006-08-31 Deficiency Memo re #201 MOTION to Compel. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 9/1/2006. (cbru, ) (Entered: 08/31/2006)
2042006-08-30 MOTION to Compel, MOTION For In Camera Review by Avondale Mills Incorporated. Response to Motion due by 9/18/2006 (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)No proposed order(Butler, James) Modified date filed on 9/1/2006 (cbru, ). (Entered: 08/31/2006)
2052006-09-01 STIPULATION AND ORDER . Signed by Judge Margaret B Seymour on 9/1/06. (cbru, ) (Entered: 09/01/2006)
2062006-09-01 RESPONSE in Opposition re 198 MOTION for Extension of Time of Schedule MOTION for Expedited Hearing Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/11/2006 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 Exhibit Index# 2 Exhibit 1# 3 Exhibit 2)(Richardson, Terry) Modified docket text and to remove termed parties as filers on 9/5/2006 (cbru, ). Additional attachments filed on 9/1/2006 (cbru, ). (Entered: 09/01/2006)
2072006-09-01 Additional Attachments to Main Document 206 Response in Opposition to Motion,, Exhibit 3. (Attachments: # 1 Exhibit 4# 2 Exhibit 5# 3 Exhibit 6# 4 Exhibit 7)(Richardson, Terry) (Entered: 09/01/2006)
2082006-09-01 Additional Attachments to Main Document 206 Response in Opposition to Motion,, Exhibit 8. (Attachments: # 1 Exhibit 9# 2 Exhibit 10# 3 Exhibit 11# 4 Exhibit 12)(Richardson, Terry) (Entered: 09/01/2006)
2092006-09-01 Additional Attachments to Main Document 206 Response in Opposition to Motion,, Exhibit 13. (Attachments: # 1 Exhibit 14# 2 Exhibit 15# 3 Exhibit 16)(Richardson, Terry) (Entered: 09/01/2006)
2102006-09-01 Additional Attachments to Main Document 206 Response in Opposition to Motion,, Exhibit 17. (Richardson, Terry) (Entered: 09/01/2006)
2112006-09-01 Additional Attachments to Main Document 206 Response in Opposition to Motion,, Exhibit 18, Part 1. (Richardson, Terry) (Entered: 09/01/2006)
2122006-09-01 Additional Attachments to Main Document 206 Response in Opposition to Motion,, Exhibit 18, Part 2. (Richardson, Terry) (Entered: 09/01/2006)
2132006-09-01 Additional Attachments to Main Document 206 Response in Opposition to Motion,, Exhibit 19, Part 1. (Richardson, Terry) (Entered: 09/01/2006)
2142006-09-01 Additional Attachments to Main Document 206 Response in Opposition to Motion,, Exhibit 19, Part 2. (Richardson, Terry) (Entered: 09/01/2006)
2152006-09-01 Additional Attachments to Main Document 206 Response in Opposition to Motion,, Exhibit 19, Part 3. (Richardson, Terry) (Entered: 09/01/2006)
2162006-09-01 Additional Attachments to Main Document 206 Response in Opposition to Motion,, Exhibit 20, Part 1. (Richardson, Terry) (Entered: 09/01/2006)
2172006-09-01 Additional Attachments to Main Document 206 Response in Opposition to Motion,, Exhibit 20, Part 2. (Richardson, Terry) (Entered: 09/01/2006)
2182006-09-01 Additional Attachments to Main Document 206 Response in Opposition to Motion,, Exhibit 21, Part 1. (Richardson, Terry) (Entered: 09/01/2006)
2192006-09-01 Additional Attachments to Main Document 206 Response in Opposition to Motion,, Exhibit 21, Part 2. (Richardson, Terry) (Entered: 09/01/2006)
2202006-09-01 Additional Attachments to Main Document 206 Response in Opposition to Motion,, Exhibit 21, Part 3. (Attachments: # 1 Exhibit 22# 2 Exhibit 23# 3 Exhibit 24# 4 Exhibit 25# 5 Exhibit 26# 6 Exhibit 27# 7 Exhibit 28)(Richardson, Terry) (Entered: 09/01/2006)
2212006-09-01 Additional Attachments to Main Document 206 Response in Opposition to Motion,, Exhibit 29. (Attachments: # 1 Exhibit 30# 2 Exhibit 31# 3 Exhibit 32# 4 Exhibit 33)(Richardson, Terry) (Entered: 09/01/2006)
2222006-09-07 NOTICE of Hearing on Motion 202 MOTION to Compel Production of Relevant Pre-2005 Documents of Leigh Ann Mansmann, 198 MOTION for Extension of Time of Schedule MOTION for Expedited Hearing, 204 MOTION to Compel MOTION For In Camera Review: Motion Hearing set for 9/18/2006 02:00 PM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (cbru, ) (Entered: 09/07/2006)
2232006-09-08 MOTION (Renewed) to Advance the Trial Date by Avondale Mills Incorporated. Response to Motion due by 9/26/2006 No proposed order(Butler, James) Modified to remove filers on 9/11/2006 (cbru, ). (Entered: 09/08/2006)
2252006-09-08 MOTION for Protective Order by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 9/26/2006 Proposed order is being emailed to chambers with copy to opposing counsel(Tate, Ronald) (Entered: 09/08/2006)
2262006-09-11 Deficiency Memo re #224 Local Rule 26.03 Answers to Interrogatories. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 9/12/2006. (cbru, ) (Entered: 09/11/2006)
2272006-09-08 Revised and Restated Local Rule 26.03 Answers to Interrogatories by Avondale Mills Incorporated.(Butler, James) Modified date filed and docket text on 9/12/2006 (cbru, ). (Entered: 09/11/2006)
2282006-09-11 MOTION to Appear Pro Hac Vice by Bruce J. Berger ( Filing fee $ 250 receipt number 722649) by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 9/29/2006 (Attachments: # 1 Affidavit/Application# 2 Certificate of Good Standing)No proposed order(Tate, Ronald) Main Document added on 9/15/2006 (cbru, ). (Entered: 09/11/2006)
2292006-09-11 MOTION to Appear Pro Hac Vice by Donald R. McMinn ( Filing fee $ 250 receipt number 722772) by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 9/29/2006 (Attachments: # 1 Affidavit/Application# 2 Certificate of Good Standing)No proposed order(Tate, Ronald) Main Document added on 9/15/2006 (cbru, ). (Entered: 09/11/2006)
2302006-09-11 REPLY to Response to Motion re 198 MOTION for Extension of Time of Schedule MOTION for Expedited Hearing Reply filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit Att. A# 2 Exhibit Att. B# 3 Exhibit Att. C# 4 Exhibit Att. D# 5 Exhibit Att. E# 6 Exhibit Att. F# 7 Exhibit Att. G# 8 Exhibit Att. H# 9 Exhibit Att. I# 10 Exhibit Att. J# 11 Exhibit Att. K# 12 Exhibit Att. L# 13 Exhibit Att. M# 14 Exhibit Att. N# 15 Exhibit Att. O# 16 Exhibit Att. P)(Tate, Ronald) Modified docket text on 9/12/2006 (cbru, ). (Entered: 09/11/2006)
2312006-09-12 PROTECTIVE ORDER regarding the deposition of Robert A. Wells. Signed by Judge Margaret B Seymour on 9/12/2006. (mdea ) (Entered: 09/12/2006)
2322006-09-13 INTERVENOR COMPLAINT Factory Mutual Insurance Company vs Norfolk Southern Corporation Aiken Division. (Smith, Michael) Modified on 9/18/2006 - text and deleted incorrect summons attached (mdea, ). (Entered: 09/13/2006)
2332006-09-14 Deficiency Memo entry #232, complaint. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 9/15/2006. (mdea ) (Entered: 09/14/2006)
2342006-09-15 RESPONSE in Opposition re 202 MOTION to Compel Production of Relevant Pre-2005 Documents of Leigh Ann Mansmann Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/22/2006 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 List of Exhibits# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E)(Richardson, Terry) Modified description of attachment and to remove termed parties as filers on 9/18/2006 (cbru, ). Additional attachments filed on 9/15/2006 (cbru, ). (Entered: 09/15/2006)
2352006-09-15 Additional Attachments to Main Document 234 Response in Opposition to Motion, Exhibiti F. (Attachments: # 1 Exhibit G)(Richardson, Terry) (Entered: 09/15/2006)
2362006-09-15 Additional Attachments to Main Document 234 Response in Opposition to Motion, Exhibit H. (Attachments: # 1 Exhibit I# 2 Exhibit J# 3 Exhibit K)(Richardson, Terry) (Entered: 09/15/2006)
2372006-09-15 RESPONSE in Opposition re 223 MOTION (Renewed) to Advance the Trial Date Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 9/22/2006 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 Exhibit A)(Boyd, W) (Entered: 09/15/2006)
2382006-09-15 RESPONSE in Opposition re 204 MOTION to Compel MOTION For In Camera Review Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 9/22/2006 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 List of Exhibits# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N# 16 Exhibit O# 17 Exhibit P# 18 Exhibit Q# 19 Exhibit R# 20 Exhibit S# 21 Exhibit T# 22 Exhibit U# 23 Exhibit V)(Boyd, W) Modified docket text and description of attachments on 9/18/2006 (cbru, ). (Entered: 09/15/2006)
2392006-09-18 MOTION to Compel by Avondale Mills Incorporated. Response to Motion due by 10/6/2006 (Attachments: # 1 Memo in Support# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J)No proposed order(Richardson, Terry) Modified description of attachment and to remove terminated parties as filers on 9/19/2006 (cbru, ). (Entered: 09/18/2006)
2402006-09-18 Summons Issued (Restricted Access) as to Norfolk Southern Railway Company, Benjamin Aiken, Mike Ford, James Thornton, Norfolk Southern Corporation for Intervenor complaint. (mdea ) (Entered: 09/18/2006)
2412006-09-18 Minute Entry for proceedings held before Judge Margaret B Seymour : granting in part and denying in part 198 Motion for Extension of Time, terminating 198 Motion for Expedited hearing, granting 202 Motion to Compel production of relevant Pre-2005 documents of Leigh Ann Mansmann for previous 2 years, granting 204 Motion to Compel, granting 204 Motion for in camera review, denying 223 Motion to advance trial date. Motion Hearing held on 9/18/2006 re 204 MOTION to Compel MOTION For In Camera Review MOTION to Compel MOTION For In Camera Review filed by Avondale Mills Incorporated, 223 MOTION (Renewed) to Advance the Trial Date filed by Avondale Incorporated, Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated, 202 MOTION to Compel Production of Relevant Pre-2005 Documents of Leigh Ann Mansmann filed by Norfolk Southern Corporation, Norfolk Southern Railway Company, 198 MOTION for Extension of Time of Schedule MOTION for Expedited Hearing filed by Norfolk Southern Corporation, Norfolk Southern Railway Company. (Court Reporter Dan Mayo.) (mdea ) (Entered: 09/18/2006)
2422006-09-19 ORDER granting 228 Motion to Appear Pro Hac Vice, granting 229 Motion to Appear Pro Hac Vice Signed by Judge Margaret B Seymour on 9/19/06.(cbru, )There is no document for this entry (Entered: 09/19/2006)
2432006-09-21 Summons Issued (Restricted Access) as to Norfolk Southern Railway Company for Intervenor Complaint. (cbru, ) (Entered: 09/21/2006)
2442006-09-22 SUMMONS Returned Executed by Factory Mutual Insurance Company. Norfolk Southern Corporation served on 9/20/2006, answer due 10/10/2006. (Attachments: # 1 Affidavit)(Smith, Michael) (Entered: 09/22/2006)
2462006-09-22 Local Rule 26.01 Answers to Interrogatories by Factory Mutual Insurance Company.(Smith, Michael) (Entered: 09/22/2006)
2472006-09-22 ANSWER to Complaint of Intervenor Factory Mutual Insurance Company by James Thornton.(Davison, John) (Entered: 09/22/2006)
2482006-09-22 ANSWER to Complaint with Jury Demand of Intervenor Plaintiff Factory Mutual Insurance Company by Benjamin Aiken.(Culbreath, Gray) (Entered: 09/22/2006)
2492006-09-25 ANSWER to Complaint with Jury Demand of Intervenor Plaintiff Factory Mutual Insurance Company by Mike Ford.(Todd, Monteith) (Entered: 09/25/2006)
2502006-09-25 TRANSCRIPT of motion hearing held on September 18, 2006 before Judge Margaret B. Seymour. Court Reporter: Dan Mayo. (dmayo, ) (Entered: 09/25/2006)
2512006-09-25 Deficiency Memo re #245 ACCEPTANCE OF SERVICE OF COMPLAINT. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 9/26/2006. (cbru, ) (Entered: 09/25/2006)
2522006-09-22 ACCEPTANCE OF SERVICE OF COMPLAINT by Factory Mutual Insurance Company. Mike Ford served on 9/22/2006, answer due 10/12/2006. (Attachments: # 1 Acceptance of Service)(Smith, Michael) Modified date filed and description of attachment on 9/26/2006 (cbru, ). (Entered: 09/25/2006)
2532006-09-25 ACCEPTANCE OF SERVICE OF COMPLAINT by Factory Mutual Insurance Company. Benjamin Aiken served on 9/20/2006, answer due 10/10/2006. (Attachments: # 1 Acceptance of Service)(Smith, Michael) Modified description of attachment on 9/26/2006 (cbru, ). (Entered: 09/25/2006)
2542006-09-25 ACCEPTANCE OF SERVICE OF COMPLAINT by Factory Mutual Insurance Company. James Thornton served on 9/21/2006, answer due 10/11/2006. (Attachments: # 1 Acceptance of Service)(Smith, Michael) Modified description of attachment on 9/26/2006 (cbru, ). (Entered: 09/25/2006)
2552006-09-27 SUMMONS Returned Executed by Factory Mutual Insurance Company. Norfolk Southern Railway Company served on 9/25/2006, answer due 10/16/2006. (Attachments: # 1 Affidavit of Service)(Smith, Michael) Modified text on 9/28/2006 (mdea, ). (Entered: 09/27/2006)
2562006-09-27 STIPULATION of Dismissal Without Prejudice by Benjamin Aiken, Avondale Mills, Mike Ford, James Thornton, Norfolk Southern Corporation, Norfolk Southern Railway Company. (Culbreath, Gray) Modified on 9/28/2006 to add filers (mdea, ). (Entered: 09/27/2006)
2572006-09-27 STIPULATION of Dismissal Without Prejudice in Intervenor Action by Benjamin Aiken, Avondale Mills, Factory Mutual Insurance Company, Mike Ford, Norfolk Souther Corporation, Norfolk Southern Railway Company, James Thornton. (Culbreath, Gray) Modified on 9/28/2006 to add filers (mdea, ). (Entered: 09/27/2006)
2592006-09-29 Deficiency Memo #258, motion to withdraw See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 10/2/2006. (mdea ) (Entered: 09/29/2006)
2602006-09-28 Withdrawal of Motions: 239 MOTION to Compel filed by Avondale Incorporated, Avondale Mills Incorporated, Avondale Mills Graniteville Fabrics Incorporated. (Richardson, Terry) Modified filing date on 9/29/2006 (mdea, ). (Entered: 09/29/2006)
2612006-10-06 MOTION to Dismiss Factory Mutual Insurance Company's Complaint by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 10/26/2006 (Attachments: # 1 Memo in Support # 2 List of Attachments# 3 Attachment A# 4 Attachment B# 5 Attachment C# 6 Attachment D# 7 Attachment E# 8 Attachment F# 9 Attachment G# 10 Attachment H# 11 Attachment I# 12 Attachment J# 13 Attachment K# 14 Attachment L# 15 Attachment M)No proposed order(Boyd, W) (Entered: 10/06/2006)
2622006-10-12 ORDER REFERRING CASE to Magistrate Judge Bristow Marchant for review of the Privelege Log. This matter came before the Court at a hearing on September 18, 2006, on 204 MOTION to Compel, MOTION For In Camera Review. The court orally granted the motion. For the reasons stated at the hearing, the matter hereby is referred to a Magistrate Judge for a Report and Recommendation.Signed by Judge Margaret B Seymour on 10/12/06. (cbru, ) (Entered: 10/12/2006)
2642006-10-26 RESPONSE in Opposition re 261 MOTION to Dismiss Factory Mutual Insurance Company's Complaint Response filed by Factory Mutual Insurance Company.Reply to Response to Motion due by 11/6/2006 plus 3 calendar days per FRCvP 6(e) (Smith, Michael) (Entered: 10/26/2006)
2652006-10-27 Deficiency Memo re #263 MOTION to Quash. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 10/28/2006. (cbru, ) (Entered: 10/27/2006)
2662006-10-20 MOTION for Protective Order, MOTION to Quash by Factory Mutual Insurance Company.Response to Motion due by 11/9/2006 No proposed order.(Smith, Michael) Modified date filed and Response to Motion due date on 10/30/2006 (cbru, ). Modified docket text on 12/6/2006 (cbru, ). (Entered: 10/27/2006)
2672006-11-03 STIPULATION AND CONSENT ORDER re 266 MOTION for Protective Order MOTION to Quash filed by Factory Mutual Insurance Company Response to Motion due by 11/16/2006. Signed by Judge Margaret B Seymour on 11/3/06. (cbru, ) (Entered: 11/03/2006)
2682006-11-09 STIPULATION AND ORDER. Signed by Judge Margaret B Seymour on 11/8/06. (cbru, ) (Entered: 11/09/2006)
2702006-11-14 Deficiency Memo re #269 MOTION to Withdraw. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 11/15/2006. (cbru, ) (Entered: 11/14/2006)
2712006-11-13 Withdrawal of Motions: 266 MOTION for Protective Order MOTION to Quash filed by Factory Mutual Insurance Company.. (Smith, Michael) Modified date filed on 11/15/2006 (cbru, ). (Entered: 11/14/2006)
2722006-11-20 STIPULATION AND ORDER. Signed by Judge Margaret B Seymour on 11/20/06. (cbru, ) (Entered: 11/20/2006)
2742006-12-04 Deficiency Memo re #273 REPLY to Response to Motion. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 12/5/2006. (cbru, ) (Entered: 12/04/2006)
2752006-12-01 REPLY to Response to Motion re 261 MOTION to Dismiss Factory Mutual Insurance Company's Complaint Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit Att. A# 2 Exhibit Att. B# 3 Exhibit Att. C# 4 Exhibit Att. D# 5 Exhibit Att. E# 6 Exhibit Att. F)(Tate, Ronald) Modified date filed on 12/5/2006 (cbru, ). (Entered: 12/04/2006)
2772006-12-05 Deficiency Memo re #276 MOTION for Extension of Time. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 12/6/2006. (cbru, ) (Entered: 12/05/2006)
2782006-12-04 MOTION for Extension of Time, MOTION for Hearing Expedited by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 12/22/2006 (Attachments: # 1 Attachment A# 2 Attachment B)No proposed order.(Boyd, W) Modified docket text, description of attachments, date filed, and Response to Motion due date on 12/6/2006 (cbru, ). (Entered: 12/05/2006)
2792006-12-11 NOTICE of Hearing on Motion 261 MOTION to Dismiss Factory Mutual Insurance Company's Complaint, 278 MOTION for Extension of Time : Motion Hearing set for 12/20/2006 10:30 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (cbru, ) (Entered: 12/11/2006)
2802006-12-18 RESPONSE in Opposition re 278 MOTION for Extension of Time MOTION for Hearing Expedited Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/2/2007 (Attachments: # 1 Exhibit Index# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N# 16 Exhibit O)(Richardson, Terry) Modified description of attachment on 12/19/2006 (cbru, ). (Entered: 12/18/2006)
2812006-12-19 ORDER granting in part 278 Motion for Extension of Time; granting 261 Motion to Dismiss. Norfolk Southern Corporations motion to dismiss intervenor complaint (Entry 261) is granted. Avondale Mills, Inc. and Factory Mutual Insurance Company shall file a joint amended complaint and amended 26.03 Interrogatories no later than December 29, 2006. Factory Mutual Insurance Company shall submit its expert reports, if any, no later than January 15, 2007. Norfolk Southern Corporations motion to extend schedule (Entry 278) is granted in part. Norfolk Southern Corporation shall submit its initial expert reports no later than January 15, 2007. Norfolk Southern Corporation may submit expert reports in response to any experts interposed by Factory Mutual no later than February 12, 2007. All other scheduling deadlines shall remain the same. Signed by Judge Margaret B Seymour on 12/19/06.(cbru, ) (Entered: 12/19/2006)
2822006-12-19 NOTICE of Cancellation of Hearing: Motion Hearing set for 12/20/2006 10:30 AM (cbru, ) (Entered: 12/19/2006)
2832006-12-21 ORDER re: in camera review documents. Signed by Judge Bristow Marchant on 12/21/06. (ljon, ) (Entered: 12/21/2006)
2842006-12-28 Joint MOTION for Extension of Time by Factory Mutual Insurance Company, Avondale Mills Incorporated.Response to Motion due by 1/16/2007 (Attachments: # 1 Proposed Order)No proposed order(Smith, Michael) Modified on 12/29/2006 to delete pdf of proposed order attached contrary to Judge Seymour's filing preferences (mdea, ). (Entered: 12/28/2006)
2852006-12-29 RESPONSE in Opposition re 284 Joint MOTION for Extension of Time Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/11/2007 (Tate, Ronald) (Entered: 12/29/2006)
2862006-12-29 ORDER granting 284 Motion for Extension of Time to file amended complaint. Signed by Judge Margaret B Seymour on 12/29/2006.(mdea ) (Entered: 12/29/2006)
2872006-12-29 ORDER Avondale Mills, Inc. and Factory Mutual Insurance Company shall file a joint amended complaint and amended 26.03 Interrogatories no later than January 5, 2007. Factory Mutual Insurance Company shall submit its expert reports, if any, no later than January 22, 2007. Norfolk Southern Corporation shall submit its initial expert reports no later than January 22, 2007. Norfolk Southern Corporation may submit expert reports in response to any experts identified by Factory Mutual no later than February 19, 2007. All other scheduling deadlines shall remain the same. Signed by Judge Margaret B Seymour on 12/29/2006. (mdea ) (Entered: 12/29/2006)
2882007-01-05 ORDER - Pursuant to the Court's order of December 21, 2006, Norfolk Southern produced a complete copy of Document PRIV - 0003444. After reviewing this document, the Court finds that it is protected under the work product privilege and is not subject to production. The Clerk is directed to return all documents produced for in camera review to Norfolk Southern. IT IS SO ORDERED.. Signed by Judge Bristow Marchant on 1/5/2007. (gkit, ) (Entered: 01/05/2007)
2892007-01-05 Local Rule 26.03 Answers to Interrogatories by Factory Mutual Insurance Company.(Smith, Michael) (Entered: 01/05/2007)
2902007-01-05 Plaintiff's Revised and Restated Local Rule 26.03 Answers to Interrogatories by Avondale Mills Incorporated.(Richardson, Terry) (Entered: 01/05/2007)
2912007-01-05 MOTION to Expedite Hearing by Factory Mutual Insurance Company.Response to Motion due by 1/25/2007 (Attachments: # 1 Proposed Amended Complaint)No proposed order(Logan, James) Modified description of attachment on 1/8/2007 (cbru, ). (Entered: 01/05/2007)
2962007-01-22 Amended Local Rule 26.03 Answers to Interrogatories by Factory Mutual Insurance Company.(Smith, Michael) (Entered: 01/22/2007)
2972007-01-22 AMENDED COMPLAINT against Norfolk Southern Railway Company, Mike Ford, James Thornton, Norfolk Southern Corporation, filed by Factory Mutual Insurance Company, Avondale Mills Incorporated. (Smith, Michael) (Entered: 01/22/2007)
2992007-01-22 DEFENDANT'S ID OF EXPERT WITNESSES by Norfolk Southern Railway Company, Norfolk Southern Corporation.(Tate, Ronald) (Entered: 01/22/2007)
3002007-01-23 Deficiency Memo re #298 MOTION to Withdraw. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 1/24/2007. (cbru, ) (Entered: 01/23/2007)
3012007-01-22 Withdrawal of Motions: 291 MOTION to Expedite Hearing filed by Factory Mutual Insurance Company.. (Smith, Michael) Modified date filed on 1/24/2007 (cbru, ). (Entered: 01/23/2007)
3022007-01-25 ANSWER to Amended Complaint by Mike Ford.(Todd, Monteith) Modified docket text on 1/26/2007 (cbru, ). (Entered: 01/25/2007)
3032007-01-26 ANSWER to Amended Complaint by James Thornton.(Davison, John) Modified docket text on 1/29/2007 (cbru, ). (Entered: 01/26/2007)
3052007-01-31 Deficiency Memo re #304 MOTION. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 2/1/2007. (cbru, ) (Entered: 01/31/2007)
3062007-01-31 MOTION for Extension of Time Within Which to File Rebuttal Expert Reports, Emergency MOTION for Clarification by Avondale Mills Incorporated.Response to Motion due by 2/20/2007 (Attachments: # 1 Memo in Support # 2 Attachment A# 3 Attachment B)Proposed order is being emailed to chambers with copy to opposing counsel(Richardson, Terry) Modified description of attachments on 2/1/2007 (cbru, ). (Entered: 01/31/2007)
3072007-02-02 MOTION to Compel Defendants' Discovery Responses by Avondale Mills Incorporated.Response to Motion due by 2/23/2007 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)No proposed order(Richardson, Terry) (Entered: 02/02/2007)
3092007-02-05 ANSWER to Amended Complaint by Norfolk Southern Railway Company, Norfolk Southern Corporation.(Tate, Ronald) Modified docket text on 2/6/2007 (cbru, ). (Entered: 02/05/2007)
3102007-02-09 NOTICE of Hearing on Motion 306 MOTION for Extension of Time Within Which to File Rebuttal Expert ReportsEmergency MOTION for Clarification : Motion Hearing set for 2/16/2007 01:30 PM before Honorable Margaret B Seymour. This hearing will be conducted via telephone. Plaintiff shall initiate the call and have all parties on the line prior to contacting the Court at 803-253-3421.(cbru, ) (Entered: 02/09/2007)
3112007-02-12 MOTION to Compel KSA Documents by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 3/2/2007 (Attachments: # 1 Memo in Support# 2 List of Attachments# 3 Exhibit Att. A# 4 Exhibit Att. B# 5 Exhibit Att. C# 6 Exhibit Att. D# 7 Exhibit Att. E# 8 Exhibit Att. F# 9 Exhibit Att. G# 10 Exhibit Att. H# 11 Exhibit Att. I# 12 Exhibit Att. J# 13 Exhibit Att. K# 14 Exhibit Att. L# 15 Exhibit Att. M# 16 Exhibit Att. N)No proposed order(Tate, Ronald) Modified description of attachments on 2/13/2007 (cbru, ). Additional attachments filed as entries #312-315 on 2/12/2007 (cbru, ). (Entered: 02/12/2007)
3122007-02-12 Additional Attachments to Main Document 311 MOTION to Compel KSA Documents Ehxibit Att. O Part 1 of 2. (Attachments: # 1 Exhibit Att. O Part 2 of 2# 2 Exhibit Att. P)(Tate, Ronald) Modified docket text on 2/13/2007 (cbru, ). (Entered: 02/12/2007)
3132007-02-12 Additional Attachments to Main Document 311 MOTION to Compel KSA Documents Exhibit Att. Q. (Attachments: # 1 Exhibit Att. R# 2 Exhibit Att. S# 3 Exhibit Att. T# 4 Exhibit Att. U# 5 Exhibit Att. V)(Tate, Ronald) (Entered: 02/12/2007)
3142007-02-12 Additional Attachments to Main Document 311 MOTION to Compel KSA Documents Exhibit Att. W Part 1 of 2. (Attachments: # 1 Exhibit Att. W Part 2 of 2)(Tate, Ronald) (Entered: 02/12/2007)
3152007-02-12 Additional Attachments to Main Document 311 MOTION to Compel KSA Documents Exhibit Att. X. (Attachments: # 1 Exhibit Att. Y# 2 Exhibit Att. Z# 3 Exhibit Att. AA# 4 Exhibit Att. BB# 5 Exhibit Att. CC# 6 Exhibit Att. DD# 7 Exhibit Att. EE)(Tate, Ronald) (Entered: 02/12/2007)
3162007-02-13 RESPONSE in Opposition re 306 MOTION for Extension of Time Within Which to File Rebuttal Expert ReportsEmergency MOTION for Clarification Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 2/26/2007 (Attachments: # 1 Exhibit IBM Corp. v Fasco Industries, Inc.)(Tate, Ronald) (Entered: 02/13/2007)
3172007-02-15 REPLY to Response to Motion re 306 MOTION for Extension of Time Within Which to File Rebuttal Expert ReportsEmergency MOTION for Clarification Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit 1# 2 Exhibit Dunn v. Zimmer, Inc.# 3 Exhibit Aircraft Gear Corp. v. Marsh# 4 Exhibit Syringe Dev. Partners v. New Med. Tech., Inc.# 5 Exhibit Knapp v. State Farm Fire & Cas. Co.)(Richardson, Terry) Modified description of attachments on 2/16/2007 (cbru, ). (Entered: 02/15/2007)
3182007-02-16 Minute Entry. Proceedings held before Judge Margaret B Seymour : granting 306 Motion for Extension of Time; granting 306 Motion for clarification; Motion Hearing held on 2/16/2007 re 306 MOTION for Extension of Time Within Which to File Rebuttal Expert Reports, MOTION for Clarification filed by Avondale Mills Incorporated. Plaintiff will be allowed to file rebuttal expert reports, due by 3/23/2007. Court denies defendants' request to file sur-rebuttal reports, with leave to raise again after plaintiffs' rebuttal reports are filed. Court Reporter Debra Jernigan. (mdea ) (Entered: 02/16/2007)
3192007-02-23 Emergency MOTION to Produce Norfolk Southern's experts' files and documents from Belfor USA Group, Inc. and RJ Lee Group, Emergency MOTION to Compel Norfolk Southern to honor its agreement scheduling deposition dates for Norfolk Southern's experts, Emergency MOTION for an Order establishing standing instructions for resolving discovery disputes on an expedited basis or the appointment of a U.S. Magistrate Judge to hear discovery disputes on an expedited basis by Avondale Mills Incorporated.Response to Motion due by 3/15/2007 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit Index)No proposed order(Richardson, Terry) (Entered: 02/23/2007)
3202007-02-23 RESPONSE in Opposition re 307 MOTION to Compel Defendants' Discovery Responses Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 3/5/2007 (Attachments: # 1 List of Attachments# 2 Attachment A Part 1 of 4# 3 Attachment A Part 2 of 4# 4 Attachment A Part 3 of 4# 5 Attachment A Part 4 of 4# 6 Attachment B# 7 Attachment C# 8 Attachment D# 9 Attachment E)(Tate, Ronald) Modified description of attachments on 2/26/2007 (cbru, ). Additional attachments filed as entries #321, #322 on 2/23/2007. (Entered: 02/23/2007)
3212007-02-23 Additional Attachments to Main Document 320 Response in Opposition to Motion, Attachment F. (Attachments: # 1 Attachment G Part 1 of 2# 2 Attachment G Part 2 of 2# 3 Attachment H)(Tate, Ronald) Modified docket text and description of attachments on 2/26/2007 (cbru, ). (Entered: 02/23/2007)
3222007-02-23 Additional Attachments to Main Document 320 Response in Opposition to Motion, Attachment I. (Attachments: # 1 Attachment J# 2 Attachment K# 3 Attachment L# 4 Attachment M# 5 Attachment N# 6 Attachment O# 7 Attachment P)(Tate, Ronald) Modified docket text and description of attachments on 2/26/2007 (cbru, ). (Entered: 02/23/2007)
3232007-02-27 RESPONSE in Opposition re 311 MOTION to Compel KSA Documents Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 3/9/2007 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit Vanguard Sav. & Loan Ass'n v. Banks# 5 Exhibit Visa U.S.A. Inc. v. First Data Corp.# 6 Exhibit Ludwig v. Pilkington N. Am.# 7 Exhibit Venturino v. Rich's Better Grease Svc.)(Richardson, Terry) (Entered: 02/27/2007)
3242007-02-27 STIPULATION FOR EXTENSION OF TIME FOR PLAINTIFFS TO RESPOND TO DISCOVERY by Avondale Mills Incorporated, Factory Mutual Insurance Company, Norfolk Southern Corporation, Norfolk Southern Railway Company. (Richardson, Terry) Modified docket text and to add filers on 2/28/2007 (cbru, ). (Entered: 02/27/2007)
3252007-02-28 TRANSCRIPT of Telephone Conference held on February 16, 2007 before Judge Margaret B. Seymour. Court Reporter: D Jernigan. (djernigan, ) (Entered: 02/28/2007)
3262007-03-01 AMENDED DOCUMENT by Norfolk Southern Railway Company, Norfolk Southern Corporation. Amendment to 311 MOTION to Compel KSA Documents; Amended Memo in Support of Motion to Compel KSA Documents. (Tate, Ronald) Modified docket text on 3/2/2007 (cbru, ). (Entered: 03/01/2007)
3282007-03-01 RESPONSE in Opposition re 319 Emergency MOTION to Produce Norfolk Southern's experts' files and documents from Belfor USA Group, Inc. and RJ Lee GroupEmergency MOTION to Compel Norfolk Southern to honor its agreement scheduling deposition dates for Norfolk Southern's expertsEmergency MOTION for an Order establishing standing instructions for resolving discovery disputes on an expedited basis or the appointment of a U.S. Magistrate Judge to hear discovery disputes on an expedited basis Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 3/12/2007 (Attachments: # 1 List of Attachments# 2 Attachment 1# 3 Attachment 2# 4 Attachment 3# 5 Attachment 4# 6 Attachment 5# 7 Attachment 6# 8 Attachment 7# 9 Attachment 8# 10 Attachment 9# 11 Attachment 10# 12 Attachment 11# 13 Attachment 12# 14 Attachment 13# 15 Attachment 14# 16 Attachment 15# 17 Attachment 16)(Tate, Ronald) Modified description of attachments on 3/2/2007 (cbru, ). Additonal attachments filed as entry #329, #330 on 3/1/2007. (Entered: 03/01/2007)
3292007-03-01 Additional Attachments to Main Document 328 RESPONSE in Opposition Attachment 17. (Attachments: # 1 Attachment 18# 2 Attachment 19# 3 Attachment 20# 4 Attachment 21# 5 Attachment 22# 6 Attachment 23# 7 Attachment 24# 8 Attachment 25# 9 Attachment 26# 10 Attachment 27# 11 Attachment 28# 12 Attachment 29)(Tate, Ronald) Modified docket entry relationship, docket text, and description of attachments on 3/2/2007 (cbru, ). (Entered: 03/01/2007)
3302007-03-01 Additional Attachments to Main Document 328 RESPONSE in Opposition Attachment 30. (Attachments: # 1 Attachment 31)(Tate, Ronald) Modified docket entry relationship, docket text, and description of attachments on 3/2/2007 (cbru, ). (Entered: 03/01/2007)
3312007-03-02 NOTICE of Hearing on Motion 319 Emergency MOTION to Produce Norfolk Southern's experts' files and documents from Belfor USA Group, Inc. and RJ Lee GroupEmergency MOTION to Compel Norfolk Southern to honor its agreement scheduling deposition dates for Norfolk Southern's expertsEmergency MOTION for an Order establishing standing instructions for resolving discovery disputes on an expedited basis or the appointment of a U.S. Magistrate Judge to hear discovery disputes on an expedited basis : Motion Hearing set for 3/6/2007 10:00 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (cbru, ) (Entered: 03/02/2007)
3322007-03-02 REPLY to Response to Motion re 311 MOTION to Compel KSA Documents Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit 1)(Tate, Ronald) Modified description of attachment on 3/5/2007 (cbru, ). (Entered: 03/02/2007)
3332007-03-06 Minute Entry. Proceedings held before Judge Margaret B Seymour : terminating 307 Motion to Compel and directing Norfolk Southern defendants to provide plaintiffs with affidavits stating that they have no additional relevant documents; taking under advisement 311 Motion to Compel; granting 319 Motion to Produce; granting 319 Motion to Compel; granting in part and denying in part 319 Motion for an Order establishing standing instructions for resolving discovery disputes on an expedited basis. Motion Hearing held on 3/6/2007 re 319 Emergency MOTION to Produce Norfolk Southern's experts' files and documents from Belfor USA Group, Inc. and RJ Lee Group, Emergency MOTION to Compel Norfolk Southern to honor its agreement scheduling deposition dates for Norfolk Southern's experts, Emergency MOTION for an Order establishing standing instructions for resolving discovery disputes on an expedited basis or the appointment of a U.S. Magistrate Judge to hear discovery disputes on an expedited basis filed by Avondale Mills Incorporated, 307 MOTION to Compel Defendants' Discovery Responses filed by Avondale Mills Incorporated. Court Reporter Dan Mayo. (mdea ) (Entered: 03/06/2007)
3342007-03-06 ORDER - With regard to Document AMO366, Plaintiff needs to notify the undersigned if this document has already been produced to the Defendants without the handwritten notes. If not, the Plaintiff needs to submit argument as to why the document should not be produced with the handwritten notes redacted. With regard to Document AMO401, portions of this document are not legible. ThePlaintiff should submit a legible copy for review. Plaintiff is ordered to submit the above information to this Court within ten (10) days of the date of this order for in camera review, at which time a final order will be issued.Brief due by 3/19/2007. Signed by Judge Bristow Marchant on 3/6/07. (ljon, ) (Entered: 03/06/2007)
3352007-03-07 ORDER: If, after good faith consultation as required by Local Rule 7.02, the parties are unable to resolve a discovery dispute, the moving party shall file an appropriate motion with the court. The motion shall set forth the grounds for the motion, as required by Local Rule 7.04. Also as required by Local Rule 7.04, legal authorities need not be included in the statement unless unusual legal issues are present or a privilege has been asserted. Also as required by Local Rule 7.04, relevant portions of the discovery material shall be filed with the motion. The court suspends Fed. R. Civ. P. 6(e), which allows 3 days for mailing, and further shortens the time for responses so that a response to a discovery motion is due no later than the fourteenth day after filing. Reply briefs are strongly discouraged; however, if a reply brief is necessary, the reply must be filed no later than the third day after filing of the response to the motion. In the interest of expediting rulings on discovery disputes and minimizing expense to the parties, all discovery motions hereafter will be decided on the briefs, unless the court determines in its discretion that oral argument will aid in the decisional process. Signed by Judge Margaret B Seymour on 3/7/07. (cbru, ) (Entered: 03/07/2007)
3362007-03-07 ORDER denying 311 Motion to Compel: The court concludes, based on principles of fairness, that Plaintiff has not waived the protections of Rule 26(b)(4)(B) and its right to withhold production of KSAs undisclosed work product. See Hollinger Intl v. Hollinger, Inc., 230 F.R.D. 508 (N.D. Ill. 2005). Rule 26(b)(4)(B) is unrelated to the work product privilege. Vanguard Sav. & Loan Assn v. Banks, 1995 WL 71293 (E.D. Pa. 1995). With respect to Rule 26(b)(4)(B), Plaintiff retained KSA in anticipation of litigation; Plaintiff does not intend to call a KSA representative as a trial witness; and Defendants have not shown that exceptional circumstances compel discovery. Therefore, Defendants motion to compel (Entry 311) is denied. Signed by Judge Margaret B Seymour on 3/7/2007.(cbru, ) (Entered: 03/07/2007)
3372007-03-09 TRANSCRIPT of motion hearing held on March 6, 2007 before Judge Margaret B. Seymour. Court Reporter: Dan Mayo. (dmayo, ) (Entered: 03/09/2007)
3382007-03-09 MOTION to Compel Additional Deposition Time of Stephen Felker by Norfolk Southern Railway Company, Norfolk Southern Corporation.(Attachments: # 1 Memo in Suppor# 2 List of Attachments# 3 Attachment 1# 4 Attachment 2# 5 Attachment 3# 6 Attachment 4)No proposed order(Tate, Ronald) Modified docket text and description of attachments on 3/12/2007 (cbru, ). Additional attachments filed as entry #339, #340 on 3/9/2007 (cbru, ). Modified docket text on 3/15/2007 (cbru, ). (Entered: 03/09/2007)
3392007-03-09 Additional Attachments to Main Document 338 MOTION to Compel Additional Deposition Time of Stephen Felker Attachment 5. (Attachments: # 1 Attachment 6# 2 Attachment 7# 3 Attachment 8# 4 Attachment 9# 5 Attachment 10# 6 Attachment 11# 7 Attachment 12# 8 Attachment 13# 9 Attachment 14# 10 Attachment 15# 11 Attachment 16# 12 Attachment 17)(Tate, Ronald) Modified docket text and description of attachments on 3/12/2007 (cbru, ). Modified docket text on 3/15/2007 (cbru, ). (Entered: 03/09/2007)
3402007-03-09 Additional Attachments to Main Document 338 MOTION to Compel Additional Deposition Time of Stephen Felker Attachment 18. (Attachments: # 1 Attachment 19# 2 Attachment 20)(Tate, Ronald) Modified docket text and description of attachments on 3/12/2007 (cbru, ). Modified docket text on 3/15/2007 (cbru, ). (Entered: 03/09/2007)
3412007-03-14 MOTION to Compel Additional Deposition Time of Jack Altherr by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Memo in Support# 2 List of Attachments# 3 Attachment 1# 4 Attachment 2# 5 Attachment 3# 6 Attachment 4# 7 Attachment 5# 8 Attachment 6)No proposed order(Tate, Ronald) Modified docket text and description of attachments on 3/15/2007 (cbru, ). Additional attachments filed as entry #342, #343 on 3/14/2007 (cbru, ). (Entered: 03/14/2007)
3422007-03-14 Additional Attachments to Main Document 341 MOTION to Compel Additional Deposition Time of Jack Altherr Attachment 7. (Attachments: # 1 Attachment 8# 2 Attachment 9# 3 Attachment 10# 4 Attachment 11# 5 Attachment 12# 6 Attachment 13# 7 Attachment 14# 8 Attachment 15# 9 Attachment 16)(Tate, Ronald) Modified docket text and description of attachments on 3/15/2007 (cbru, ). (Entered: 03/14/2007)
3432007-03-14 Additional Attachments to Main Document 341 MOTION to Compel Additional Deposition Time of Jack Altherr Attachment 17. (Attachments: # 1 Attachment 18# 2 Attachment 19)(Tate, Ronald) Modified docket text and description of attachments on 3/15/2007 (cbru, ). (Entered: 03/14/2007)
3452007-03-16 ORDER - Pursuant to the Court's order of 3/6/2007 Plaintiff has produced Document AM0401 for in camera review, and clarified that Document AMO366 has not been produced to Defendants without the handwritten notes. After review of all the documents now submitted, the Court finds that Document AMO366 is subject to production, without the handwritten notes thereon, and it is therefore ORDERED that that document be produced to Defendants as so indicated. The Court further finds that the remainder of the documents submitted for in camera review are entitled to protection, and are not therefore discoverable. Counsel for the Plaintiff shall make arrangements to retrieve these documents from chambers. IT IS SO ORDERED.. Signed by Judge Bristow Marchant on 3/16/2007. (gkit, ) (Entered: 03/16/2007)
3462007-03-19 MOTION to Compel KSA 30(b)(6) Deposition by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Memo in Support# 2 List of Attachments# 3 Att. 1# 4 Att. 2# 5 Att. 2A# 6 Att. 2B# 7 Att. 2C# 8 Att. 2D# 9 Att. 3# 10 Att. 4# 11 Att. 5# 12 Att. 6# 13 Att. 7# 14 Att. 8# 15 Att. 9# 16 Att. 10)No proposed order(Tate, Ronald) Modified docket text description of attachments on 3/20/2007 (cbru, ). Additional attachments filed as entry #347 on 3/19/2007 and entry #349 on 3/21/2007 (cbru, ). (Entered: 03/19/2007)
3472007-03-19 Additional Attachments to Main Document 346 MOTION to Compel KSA 30(b)(6) Deposition Att. 11. (Attachments: # 1 Att. 12# 2 Att. 13# 3 Att. 14# 4 Att. 15)(Tate, Ronald) Modified docket text and description of attachments on 3/20/2007 (cbru, ). (Entered: 03/19/2007)
3482007-03-20 Second Amended Local Rule 26.03 Answers to Interrogatories by Factory Mutual Insurance Company.(Smith, Michael) (Entered: 03/20/2007)
3492007-03-21 Additional Attachments to Main Document 346 MOTION to Compel KSA 30(b)(6) Deposition List of Attachments. (Attachments: # 1 Exhibit Att. 16# 2 Exhibit Att. 17)(Tate, Ronald) Modified docket text on 3/22/2007 (cbru, ). (Entered: 03/21/2007)
3502007-03-23 RESPONSE in Opposition re 338 MOTION to Compel Additional Deposition Time of Stephen Felker Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 4/2/2007 (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)(Richardson, Terry) Modified to remove filers on 3/26/2007 (cbru, ). (Entered: 03/23/2007)
3522007-03-23 MOTION to Quash Norfolk Southern's Subpoena of Rule 30(B)(6) Deposition of Kurt Salmon Associates by Avondale Mills Incorporated.Response to Motion due by 4/12/2007 (Attachments: # 1 Memo in Support# 2 Exhibit List# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J# 13 Exhibit K# 14 Exhibit L# 15 Exhibit M# 16 Exhibit N# 17 Exhibit O)No proposed order(Richardson, Terry) Modified docket text, description of attachments, and to remove filers on 3/26/2007 (cbru, ). (Entered: 03/23/2007)
3532007-03-23 MOTION to Quash, MOTION for Protective Order by Factory Mutual Insurance Company.Response to Motion due by 4/12/2007 No proposed order(Smith, Michael) (Entered: 03/23/2007)
3542007-03-27 RESPONSE in Opposition re 352 MOTION to Quash Norfolk Southern's Subpoena of Rule 30(B)(6) Deposition of Kurt Salmon Associates Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 4/6/2007 (Attachments: # 1 List of Attachments# 2 Att. 1# 3 Att. 2# 4 Att. 3# 5 Att. 4# 6 Att. 5# 7 Att. 6)(Tate, Ronald) Modified docket text and description of attachments on 3/28/2007 (cbru, ). (Entered: 03/27/2007)
3552007-03-28 REPLY to Response to Motion re 338 MOTION to Compel Additional Deposition Time of Stephen Felker Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3)(Tate, Ronald) (Entered: 03/28/2007)
3562007-03-28 RESPONSE in Opposition re 341 MOTION to Compel Additional Deposition Time of Jack Altherr Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 4/9/2007 (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)(Richardson, Terry) (Entered: 03/28/2007)
3582007-03-28 Additional Attachments to Main Document 374 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Att. 4B (1 of 3). (Tate, Ronald) Modified docket entry realtionship on 3/30/2007 (cbru, ). (Entered: 03/28/2007)
3592007-03-28 Additional Attachments to Main Document 374 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Att. 4B (2 of 3). (Tate, Ronald) Modified docket entry relationship on 3/30/2007 (cbru, ). (Entered: 03/28/2007)
3602007-03-28 Additional Attachments to Main Document 374 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Att. 4B (3 of 3). (Tate, Ronald) Modified docket entry relationship on 3/30/2007 (cbru, ). (Entered: 03/28/2007)
3612007-03-28 Additional Attachments to Main Document 374 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Att. 4C. (Tate, Ronald) Modified docket entry relationship on 3/30/2007 (cbru, ). (Entered: 03/28/2007)
3622007-03-28 Additional Attachments to Main Document 374 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Att. 4D (1 of 3). (Tate, Ronald) Modified docket entry relationship on 3/30/2007 (cbru, ). (Entered: 03/28/2007)
3632007-03-28 Additional Attachments to Main Document 374 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Att. 4D (2 of 3). (Tate, Ronald) Modified docket entry relationship on 3/30/2007 (cbru, ). (Entered: 03/28/2007)
3642007-03-28 Additional Attachments to Main Document 374 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Att. 4D (3 of 3). (Tate, Ronald) Modified docket entry relationship on 3/30/2007 (cbru, ). (Entered: 03/28/2007)
3652007-03-28 Additional Attachments to Main Document 374 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Att. 4E (1 of 3). (Tate, Ronald) Modified docket entry relationship on 3/30/2007 (cbru, ). (Entered: 03/28/2007)
3662007-03-28 Additional Attachments to Main Document 374 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Att. 4E (2 of 3). (Tate, Ronald) Modified docket entry relationship on 3/30/2007 (cbru, ). (Entered: 03/28/2007)
3672007-03-28 Additional Attachments to Main Document 374 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Att. 4E (3 of 3). (Tate, Ronald) Modified docket entry relationship on 3/30/2007 (cbru, ). (Entered: 03/28/2007)
3682007-03-28 Additional Attachments to Main Document 374 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Att. 4F. (Tate, Ronald) Modified docket entry relationship on 3/30/2007 (cbru, ). (Entered: 03/28/2007)
3692007-03-28 Additional Attachments to Main Document 374 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Att. 4G. (Tate, Ronald) Modified docket entry relationship on 3/30/2007 (cbru, ). (Entered: 03/28/2007)
3702007-03-28 Additional Attachments to Main Document 374 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Att. 4H (1 of 2). (Tate, Ronald) Modified docket entry relationship on 3/30/2007 (cbru, ). (Entered: 03/28/2007)
3712007-03-28 Additional Attachments to Main Document 374 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Att 4H (2 of 2). (Tate, Ronald) Modified docket entry relationship on 3/30/2007 (cbru, ). (Entered: 03/28/2007)
3722007-03-28 Additional Attachments to Main Document 374 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Att. 5. (Attachments: # 1 Exhibit Att. 6# 2 Exhibit Att. 7# 3 Exhibit Att. 8# 4 Exhibit Att. 9# 5 Exhibit Att. 10# 6 Exhibit Att. 11# 7 Exhibit Att. 12)(Tate, Ronald) Modified docket text on 3/29/2007 (cbru, ). Modified docket entry relationship on 3/30/2007 (cbru, ). (Entered: 03/28/2007)
3732007-03-29 Deficiency Memo re #357 MOTION for Protective Order. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 3/30/2007. (cbru, ) (Entered: 03/29/2007)
3742007-03-28 MOTION to Expedite Hearing, MOTION to Amend/Correct 76 Scheduling Order,, MOTION for Protective Order Regarding Expert Witnesses by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 4/16/2007 (Attachments: # 1 Memo in Support# 2 Exhibit List of Attachments# 3 Exhibit Appendix A# 4 Exhibit Att. 1# 5 Exhibit Att. 2# 6 Exhibit Att. 3# 7 Exhibit Att. 4A)No proposed order(Tate, Ronald) Modified date filed and descriptionm of attachment on 3/30/2007 (cbru, ). Additional attachments filed as entry #358-372 on 3/28/2007. (Entered: 03/29/2007)
3752007-03-29 REPLY to Response to Motion re 352 MOTION to Quash Norfolk Southern's Subpoena of Rule 30(B)(6) Deposition of Kurt Salmon Associates Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit Index# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G)(Richardson, Terry) Modified docket text on 3/30/2007 (cbru, ). (Entered: 03/29/2007)
3762007-04-02 REPLY to Response to Motion re 341 MOTION to Compel Additional Deposition Time of Jack Altherr Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3# 5 Exhibit Att. 4# 6 Exhibit Att. 5# 7 Exhibit Att. 6# 8 Exhibit Att. 7# 9 Exhibit Att. 8# 10 Exhibit Att. 9# 11 Exhibit Att. 10# 12 Exhibit Att. 11# 13 Exhibit Att. 12# 14 Exhibit Att. 13# 15 Exhibit Att. 14# 16 Exhibit Att. 15)(Tate, Ronald) Additional attachments filed as entry #377-379 on 4/2/2007 (cbru, ). (Entered: 04/02/2007)
3772007-04-02 Additional Attachments to Main Document 376 Reply to Response to Motion,, Att. 16. (Attachments: # 1 Exhibit Att. 17# 2 Exhibit Att. 18# 3 Exhibit Att. 19# 4 Exhibit Att. 20# 5 Exhibit Att. 21# 6 Exhibit Att. 22# 7 Exhibit Att. 23)(Tate, Ronald) Modified docket text on 4/3/2007 (cbru, ). (Entered: 04/02/2007)
3782007-04-02 Additional Attachments to Main Document 376 Reply to Response to Motion,, Att. 24. (Tate, Ronald) (Entered: 04/02/2007)
3792007-04-02 Additional Attachments to Main Document 376 Reply to Response to Motion,, Att. 25. (Tate, Ronald) (Entered: 04/02/2007)
3802007-04-04 ORDER granting 338 Motion to Compel; granting 341 Motion to Compel. Signed by Judge Margaret B Seymour on 4/4/2007.(cbru, ) (Entered: 04/04/2007)
3832007-04-09 RESPONSE in Opposition re 374 MOTION to Expedite Hearing MOTION to Amend/Correct 76 Scheduling Order, MOTION for Protective Order Regarding Expert Witnesses , Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 4/19/2007 (Attachments: # 1 Exhibit Index# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N# 16 Exhibit O# 17 Exhibit P)(Richardson, Terry) Modified docket text on 4/10/2007 (cbru, ). (Entered: 04/09/2007)
3842007-04-10 Deficiency Memo re #382 MOTION to Withdraw. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 4/11/2007. (cbru, ) (Entered: 04/10/2007)
3852007-04-09 Withdrawal of Motions: 353 MOTION to Quash MOTION for Protective Order filed by Factory Mutual Insurance Company.. (Smith, Michael) Modified date filed on 4/11/2007 (cbru, ). (Entered: 04/10/2007)
3862007-04-11 REPLY to Response to Motion re 374 MOTION to Expedite Hearing MOTION to Amend/Correct 76 Scheduling Order, MOTION for Protective Order Regarding Expert Witnesses. Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3# 5 Exhibit Att. 4# 6 Exhibit Att. 5# 7 Exhibit Att. 6)(Tate, Ronald) Modified docket text on 4/12/2007 (cbru, ). (Entered: 04/11/2007)
3882007-04-11 Amended Local Rule 26.03 Answers to Interrogatories by Avondale Mills Incorporated.(Butler, James) (Entered: 04/11/2007)
3892007-04-12 ORDER: This matter is before the Court for approval of topics to be addressed during depositions of David T. Goode and Charles W. Moorman. Of the proposed topics presented to the Court by Avondale, Inc., the Court will allow Topics 1; 2; 5; 6, 7 (limited to questions regarding the basis for a decision regarding capital expenditures, if known); 8, 9, 10, 11, 12, 13, 14, 15, 16, and 20. The depositions are limited to the personal or specialized knowledge of Messrs. Goode and/or Moorman as to these topics. Avondale, Inc.s request to depose Messrs. Goode and/or Moorman as to the remaining Topics 3, 4, 7, 17, 18, and 19 is denied. Signed by Judge Margaret B Seymour on 4/12/2007. (cbru, ) (Entered: 04/12/2007)
3902007-04-13 MOTION for Hearing for Scheduling Conference, MOTION for Leave to File Surrebuttal Expert Reports, MOTION to Strike Expert Reports by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 5/3/2007 (Attachments: # 1 Memo in Support# 2 Exhibit List of Attachments# 3 Exhibit Att. 1# 4 Exhibit Att. 2# 5 Exhibit Att. 3# 6 Exhibit Att. 4# 7 Exhibit Att. 5# 8 Exhibit Att. 6# 9 Exhibit Att. 7# 10 Exhibit Att. 8# 11 Exhibit Att. 9# 12 Exhibit Att. 10# 13 Exhibit Att. 11# 14 Exhibit Att. 12# 15 Exhibit Att. 13# 16 Exhibit Att. 14# 17 Exhibit Att. 15# 18 Exhibit Att. 16# 19 Exhibit Att. 17# 20 Exhibit Att. 18)No proposed order(Tate, Ronald) Modified description of attachment on 4/16/2007 (cbru, ). Additional attachments filed as entry #391-396 on 4/13/2007 (cbru, ). (Entered: 04/13/2007)
3912007-04-13 Additional Attachments to Main Document 390 MOTION for Hearing for Scheduling Conference MOTION for Leave to File Surrebuttal Expert Reports MOTION to Strike Expert Reports Att. 19. (Attachments: # 1 Exhibit Att. 20# 2 Exhibit Att. 21# 3 Exhibit Att. 22# 4 Exhibit Att. 23# 5 Exhibit Att. 24# 6 Exhibit Att. 25# 7 Exhibit Att. 26)(Tate, Ronald) Modified docket text on 4/16/2007 (cbru, ). (Entered: 04/13/2007)
3922007-04-13 Additional Attachments to Main Document 390 MOTION for Hearing for Scheduling Conference MOTION for Leave to File Surrebuttal Expert Reports MOTION to Strike Expert Reports Att. 27 (1 of 3). (Attachments: # 1 Exhibit Att. 27 (2 of 3)# 2 Exhibit Att. 27 (3 of 3))(Tate, Ronald) Modified docket text on 4/16/2007 (cbru, ). (Entered: 04/13/2007)
3932007-04-13 Additional Attachments to Main Document 390 MOTION for Hearing for Scheduling Conference MOTION for Leave to File Surrebuttal Expert Reports MOTION to Strike Expert Reports Att. 28 (1 of 3). (Attachments: # 1 Exhibit Att. 28 (2 of 3)# 2 Exhibit Att. 28 (3 of 3))(Tate, Ronald) Modified docket text on 4/16/2007 (cbru, ). (Entered: 04/13/2007)
3942007-04-13 Additional Attachments to Main Document 390 MOTION for Hearing for Scheduling Conference MOTION for Leave to File Surrebuttal Expert Reports MOTION to Strike Expert Reports Att. 29. (Tate, Ronald) (Entered: 04/13/2007)
3952007-04-13 Additional Attachments to Main Document 390 MOTION for Hearing for Scheduling Conference MOTION for Leave to File Surrebuttal Expert Reports MOTION to Strike Expert Reports Att. 30 (1 of 2). (Attachments: # 1 Exhibit Att. 30 (2 of 2))(Tate, Ronald) Modified docket text on 4/16/2007 (cbru, ). (Entered: 04/13/2007)
3962007-04-13 Additional Attachments to Main Document 390 MOTION for Hearing for Scheduling Conference MOTION for Leave to File Surrebuttal Expert Reports MOTION to Strike Expert Reports Att. 31. (Attachments: # 1 Exhibit Att. 32# 2 Exhibit Att. 33)(Tate, Ronald) Modified docket text on 4/16/2007 (cbru, ). (Entered: 04/13/2007)
3972007-04-13 MOTION for Clarification, MOTION for Protective Order by Avondale Mills Incorporated.Response to Motion due by 5/3/2007 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)No proposed order(Richardson, Terry) Modified docket text on 4/16/2007 (cbru, ). (Entered: 04/13/2007)
3982007-04-20 RESPONSE in Opposition re 390 MOTION for Hearing for Scheduling Conference MOTION for Leave to File Surrebuttal Expert Reports MOTION to Strike Expert Reports Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 4/30/2007 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9)(Richardson, Terry) Additional attachments filed as entry #399-400 on 4/20/2007 (cbru, ). (Entered: 04/20/2007)
3992007-04-20 Additional Attachments to Main Document 398 Response in Opposition to Motion,Exhibit 10. (Attachments: # 1 Exhibit 11# 2 Exhibit 12# 3 Exhibit 13# 4 Exhibit 14# 5 Exhibit 15)(Richardson, Terry) Modified docket text on 4/23/2007 (cbru, ). (Entered: 04/20/2007)
4002007-04-20 Additional Attachments to Main Document 398 Response in Opposition to Motion,Exhibit 16. (Attachments: # 1 Exhibit 17# 2 Exhibit 18# 3 Exhibit 19# 4 Exhibit 20# 5 Exhibit 21# 6 Exhibit 22# 7 Exhibit 23# 8 Exhibit 24# 9 Exhibit 25# 10 Exhibit 26# 11 Exhibit Index)(Richardson, Terry) Modified docket text on 4/23/2007 (cbru, ). (Entered: 04/20/2007)
4012007-04-20 MOTION for Protective Order by Avondale Mills Incorporated.Response to Motion due by 5/10/2007 (Attachments: # 1 Memo in Support # 2 Exhibit Index# 3 Exhibit 2A)No proposed order(Richardson, Terry) Modified docket text on 4/23/2007 (cbru, ). Additional attachments filed as entry #402-404 on 4/20/2007 (cbru, ). (Entered: 04/20/2007)
4022007-04-20 Additional Attachments to Main Document 401 MOTION for Protective Order Exhibit 2B. (Attachments: # 1 Exhibit 2C)(Richardson, Terry) Modified docket text on 4/23/2007 (cbru, ). (Entered: 04/20/2007)
4032007-04-20 Additional Attachments to Main Document 401 MOTION for Protective Order Exhibit 1. (Attachments: # 1 Exhibit 3# 2 Exhibit 4)(Richardson, Terry) Modified docket text on 4/23/2007 (cbru, ). (Entered: 04/20/2007)
4042007-04-20 Additional Attachments to Main Document 401 MOTION for Protective Order Exhibit 5. (Attachments: # 1 Exhibit 6# 2 Exhibit 7# 3 Exhibit 8# 4 Exhibit 9# 5 Exhibit 10)(Richardson, Terry) Modified docket text on 4/23/2007 (cbru, ). (Entered: 04/20/2007)
4052007-04-24 MOTION for Protective Order Regarding Depositions of Newly-Disclosed Avondale Customer Witnesses by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 5/14/2007 (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3# 5 Exhibit Att. 4# 6 Exhibit Att. 5# 7 Exhibit Att. 6)No proposed order(Tate, Ronald) (Entered: 04/24/2007)
4062007-04-25 RESPONSE in Opposition re 397 MOTION for Clarification MOTION for Protective Order Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 5/7/2007 (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3# 5 Exhibit Att. 4# 6 Exhibit Att. 5# 7 Exhibit Att. 6# 8 Exhibit Att. 7# 9 Exhibit Att. 8# 10 Exhibit Att. 9# 11 Exhibit Att. 10# 12 Exhibit Att. 11# 13 Exhibit Att. 12# 14 Exhibit Att. 13)(Tate, Ronald) (Entered: 04/25/2007)
4072007-04-25 REPLY to Response to Motion re 390 MOTION for Hearing for Scheduling Conference MOTION for Leave to File Surrebuttal Expert Reports MOTION to Strike Expert Reports Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3# 5 Exhibit Att. 4# 6 Exhibit Att. 5# 7 Exhibit Att. 6# 8 Exhibit Att. 7# 9 Exhibit Att. 8# 10 Exhibit Att. 9)(Tate, Ronald) (Entered: 04/25/2007)
4082007-04-25 MOTION to Strike 388 Local Rule 26.03 Answers to Interrogatories by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 5/14/2007 (Attachments: # 1 Attachment 1# 2 Attachment 2)No proposed order(Boyd, W) Modified description of attachment on 4/26/2007 (cbru, ). (Entered: 04/25/2007)
4092007-04-26 NOTICE of Hearing on Motion 405 MOTION for Protective Order Regarding Depositions of Newly-Disclosed Avondale Customer Witnesses : Motion Hearing set for 4/26/2007 12:45 PM before Honorable Margaret B Seymour. This hearing will be conducted via telephone. Defendants shall initiate the call and have all parties on the line prior to contacting the Court at 803-253-3421.(cbru, ) (Entered: 04/26/2007)
4102007-04-26 Minute Entry. Proceedings held before Judge Margaret B Seymour : granting in part and denying in part 374 Motion to Expedite; granting in part and denying in part 374 Motion to Amend/Correct; granting in part and denying in part 374 Motion for Protective Order; granting in part and denying in part 390 Motion for Hearing; granting in part and denying in part 390 Motion for Leave to File; granting in part and denying in part 390 Motion to Strike ; granting 397 Motion for clarification of order #380: the prior order of 4/4/07 allowed 14 hours additional deposition time of Mr. Felker and 7 hours additional deposition time of Mr. Altherr; granting 405 Motion for Protective Order and directing the parties to reschedule depositions; denying 408 Motion to Strike ; Telephone Motion Hearing held on 4/26/2007 re 405 MOTION for Protective Order Regarding Depositions of Newly-Disclosed Avondale Customer Witnesses filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 397 MOTION for Clarification MOTION for Protective Order filed by Avondale Mills Incorporated, 390 MOTION for Hearing for Scheduling Conference MOTION for Leave to File Surrebuttal Expert Reports MOTION to Strike Expert Reports filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 408 MOTION to Strike 388 Local Rule 26.03 Answers to Interrogatories MOTION to Strike 388 Local Rule 26.03 Answers to Interrogatories filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 374 MOTION to Expedite Hearing MOTION to Amend/Correct 76 Scheduling Order, MOTION for Protective Order Regarding Expert Witnesses MOTION to Amend/Correct 76 Scheduling Order, MOTION to Amend/Correct 76 Scheduling Order, filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. The Court extends all deadlines by 60 days. The Court denies Norfolk Southern's motion to strike rebuttal reports, grants Norfolk Southern's motion to file surrebuttal expert reports. All reports, whether an initial report, rebuttal report, or surrebuttal report, must be exchanged no less than 10 days before the deposition of the expert who prepared the original report. Court Reporter Gary Smith. (mdea ) (Entered: 04/27/2007)
4122007-04-27 MOTION to Appear Pro Hac Vice by Stephen Paul Cummings II ( Filing fee $ 250 receipt number 991896) by Avondale Mills Incorporated.Response to Motion due by 5/17/2007 (Attachments: # 1 Proposed Order For Cummings Admission PHV# 2 Exhibit Letter of Good Standing - Cummings)Proposed order is being emailed to chambers with copy to opposing counsel(Richardson, Terry) (Entered: 04/27/2007)
4132007-04-28 NOTICE of Appearance by Phillip Earl Reeves on behalf of Norfolk Southern Railway Company, Norfolk Southern Corporation (Reeves, Phillip) (Entered: 04/28/2007)
4142007-04-30 NOTICE of Appearance by Jennifer E Johnsen on behalf of Norfolk Southern Railway Company, Norfolk Southern Corporation (Johnsen, Jennifer) (Entered: 04/30/2007)
4152007-04-30 ORDER granting in part and denying in part 346 Motion to Compel; granting in part and denying in part 352 Motion to Quash: Norfolk may take the Rule 30(b)(6) deposition of Kurt Salmon Associates as to the following questions propounded on the Notice of Taking of Kurt Salmon Associates 30(b)(6) Videotaped Deposition (Entry 346-5): Questions 1, 2, 3, 9, 10, 11 (prior to January 5, 2005), 13 (prior to January 5, 2005), 14 (prior to January 5, 2005), and 15 (prior to January 5, 2005). Questions not allowed: 4, 5, 6, 7, 8, 12, 16. Signed by Judge Margaret B Seymour on 4/30/2007.(cbru, ) (Entered: 04/30/2007)
4162007-04-30 ORDER granting 412 Motion to Appear Pro Hac Vice. Signed by Judge Margaret B Seymour on 4/30/2007.(cbru, ) (Entered: 04/30/2007)
4172007-05-04 MOTION to Compel, MOTION for leave to serve additional interrogatories by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 5/24/2007 (Attachments: # 1 Memo in Support and in Opposition to Motion for Protective Order# 2 Exhibit List of Attachments# 3 Exhibit Att. 1 (1 of 3)# 4 Exhibit Att. 1 (2 of 3))No proposed order(Tate, Ronald) Modified docket text and description of attachments on 5/7/2007 (cbru, ). Additional attachments filed as entry #418, #419 on 5/4/2007 (cbru, ). (Entered: 05/04/2007)
4182007-05-04 Additional Attachments to Main Document 417 MOTION to Compel MOTION for leave to serve additional interrogatories Att. 1 (3 of 3). (Attachments: # 1 Exhibit Att. 2# 2 Exhibit Att. 3# 3 Exhibit Att. 4# 4 Exhibit Att. 5# 5 Exhibit Att. 6# 6 Exhibit Att. 7# 7 Exhibit Att. 8# 8 Exhibit Att. 9# 9 Exhibit Att. 10)(Tate, Ronald) Modified docket text on 5/7/2007 (cbru, ). (Entered: 05/04/2007)
4192007-05-04 Additional Attachments to Main Document 417 MOTION to Compel MOTION for leave to serve additional interrogatories Att. 11. (Attachments: # 1 Exhibit Att. 12# 2 Exhibit Att. 13)(Tate, Ronald) Modified docket text on 5/7/2007 (cbru, ). (Entered: 05/04/2007)
4212007-05-16 ORDER: The court clarifies its oral rulings made during a telephone conference on April 26, 2007 as follows: (1) All deadlines in the current scheduling order are extended for sixty days. The parties are strongly encouraged to cooperate in and complete discovery in a timely manner. (2) Defendants shall complete all surrebuttal reports no later than May 26, 2007. As stated at the telephone conference, surrebuttal reports should be exchanged at least ten days prior to the depositions of experts to whom the surrebuttal report is directed, unless the parties agree to a shorter period. Expert depositions may be taken at any time as to those experts for whom no surrebuttal report is to be prepared. (3) The court has granted an extra 14 hours for the deposition of Mr. Felker and 7 hours for the deposition of Mr. Altherr. Both the parties and deponents are urged to cooperate in completing all deposition testimony, including all Rule 30(b)(6) deposition testimony, during the allotted time. (4) Plaintiff's motion for a protective order is denied. The court fully expects the parties to comply with Local Rule 30.04 and reminds the parties that violation of Local Rule 30.04 can subject the violator to sanctions. Motions terminated: 397 MOTION for Clarification MOTION for Protective Order filed by Avondale Mills Incorporated. Signed by Judge Margaret B Seymour on 5/16/2007. (cbru, ) (Entered: 05/16/2007)
4222007-05-16 ORDER: The parties are excused from the filing requirements of Local Rule 7.05(A)(4), which directs that memoranda contain copies of unpublished decisions, out-of-regions decisions, or decisions published in the various specialized reporting services. In addition, the parties are directed to not make duplicative filings of attachments. If an attachment previously was made part of the record, the party should, rather than resubmitting the attachment, direct the court to the exact entry and attachment number as it appears in the docket report. Signed by Judge Margaret B Seymour on 5/16/2007. (cbru, ) (Entered: 05/16/2007)
4232007-05-17 NOTICE of Hearing: Telephone Conference set for 5/17/2007 03:30 PM before Honorable Margaret B Seymour. Plaintiff shall initiate the call and have all parties on the line prior to contacting the Court at 803-253-3421.(cbru, ) (Entered: 05/17/2007)
4242007-05-17 MOTION for Clarification re 421 Order, Terminate Motions, by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 6/4/2007 (Attachments: # 1 Attachment A - 5/15/07 Letter)No proposed order(Boyd, W) Modified docket text on 5/17/2007 (cbru, ). (Entered: 05/17/2007)
4252007-05-17 Minute Entry. Proceedings held before Judge Margaret B Seymour : terminating 424 Motion for Clarification; Telephone Conference held on 5/17/2007. Court declines to extend 7/16/2007 discovery deadline. Avondale Mills to produce expert documentation no later than 5/25/2007. Norfolk Southern to file surrebuttal reports no later than 6/11/2007. Plaintiff's experts to be deposed by 6/11/2007. Discovery deadline remains 7/16/2007. Parties are ordered to cooperate in discovery in compliance with the protective order. Court Reporter Debra Jernigan. (cbru, ) (Entered: 05/17/2007)
4262007-05-18 TRANSCRIPT (Unredacted, no juror names to redact) of telephone conference motion hearing held on April 26, 2007 before Judge Margaret B. Seymour. Court Reporter: Gary Smith. (gsmith, ) (Entered: 05/18/2007)
4272007-05-18 MOTION for Protective Order by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 6/7/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Tate, Ronald) Modified docket text on 5/21/2007 (cbru, ). (Entered: 05/18/2007)
4282007-05-18 RESPONSE in Opposition re 417 MOTION to Compel MOTION for leave to serve additional interrogatories Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 5/29/2007 (Attachments: # 1 Index of Exhibits# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3)(Richardson, Terry) Modified description of attachment on 5/21/2007 (cbru, ). (Entered: 05/18/2007)
4292007-05-18 STIPULATION for extension of time to file motion for protective order by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Tate, Ronald) (Entered: 05/18/2007)
4302007-05-21 ORDER granting 427 Motion for Protective Order. Signed by Judge Margaret B Seymour on 5/21/2007.(cbru, ) (Entered: 05/21/2007)
4312007-05-21 ORDER re 429 Stipulation filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. Signed by Judge Margaret B Seymour on 5/21/2007. (cbru, ) (Entered: 05/21/2007)
4322007-05-22 TRANSCRIPT (Unredacted) of Telephone Conference held on May 17, 2007 before Judge Margaret B. Seymour. Court Reporter: D Jernigan. (djernigan, ) (Entered: 05/22/2007)
4332007-05-25 REPLY to Response to Motion re 417 MOTION to Compel MOTION for leave to serve additional interrogatories Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit Att. 1)(Johnsen, Jennifer) (Entered: 05/25/2007)
4352007-05-28 MOTION for Protective Order by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 6/15/2007 (Attachments: # 1 Memo in Support # 2 List of Attachments# 3 Attachment 1# 4 Attachment 2# 5 Attachment 3)No proposed order(Kelly, Christopher) (Entered: 05/28/2007)
4372007-06-12 RESPONSE in Opposition re 435 MOTION for Protective Order Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 6/22/2007 (Attachments: # 1 Exhibit Index# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3)(Richardson, Terry) (Entered: 06/12/2007)
4382007-06-13 MOTION for Extension of Time to Respond to Subpoena by Gibbs International Inc.Response to Motion due by 7/2/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Dunlap, Kevin) (Entered: 06/13/2007)
4392007-06-14 ORDER granting in part and denying in part 401 Motion for Protective Order; granting in part and denying in part 417 Motion to Compel; granting in part and denying in part 417 Motion for leave to serve additional interrogatories: Plaintiff shall respond to questions 1 and 2 of Defendants' Third Set of Interrogatories dated April 5, 2007. Plaintiff's motion is granted as to question 3 of Defendants' Third Set of Interrogatories, as well as to Defendants' Fourth Set of Interrogatories (one question) dated April 13, 2007. Plaintiff shall respond to questions 1-6, 12-56, 59-92, 101-227, 240-242, 244, 246, 248-49, 257-268, 270, 272, 274, 276, 278, 280, 282-295 of Defendants' Second Set of Requests for Admission dated April 13, 2007. Plaintiff's motion is granted as to questions 7-11, 57-58, 93-100, 228-239, 243, 245, 247, 250-56, 269, 271, 273, 275, 277, 279, and 281 of Defendants' Second Set of Requests for Admission. Signed by Judge Margaret B Seymour on 6/14/2007.(cbru, ) (Entered: 06/14/2007)
4402007-06-14 Amended Local Rule 26.03 Answers to Interrogatories by Avondale Mills Incorporated.(Richardson, Terry) (Entered: 06/14/2007)
4412007-06-15 REPLY to Response to Motion re 435 MOTION for Protective Order Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3)(Johnsen, Jennifer) Modified docket text on 6/18/2007 (cbru, ). (Entered: 06/15/2007)
4422007-06-15 Supplemental Local Rule 26.03 Answers to Interrogatories by Norfolk Southern Railway Company, Norfolk Southern Corporation.(Johnsen, Jennifer) (Entered: 06/15/2007)
4432007-06-20 MOTION to Compel Production of Documents-O'Rourke by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 7/9/2007 (Attachments: # 1 Memo in Support# 2 Exhibit List# 3 Exhibit Att. 1# 4 Exhibit Att. 2# 5 Exhibit Att. 3# 6 Exhibit Att. 4# 7 Exhibit Att. 5# 8 Exhibit Att. 6)No proposed order(Tate, Ronald) Modified docket text and description of attachments on 6/21/2007 (cbru, ). Additional attachments filed as entry #444 on 6/20/2007. (Entered: 06/20/2007)
4442007-06-20 Additional Attachments to Main Document 443 MOTION to Compel Production of Documents-O'Rourke Att. 7. (Tate, Ronald) Modified docket text on 6/21/2007 (cbru, ). (Entered: 06/20/2007)
4452007-06-20 Amended Local Rule 26.03 Answers to Interrogatories by Avondale Mills Incorporated.(Richardson, Terry) (Entered: 06/20/2007)
4462007-06-25 MOTION for Extension of Time to Complete Depositions and for Filing Dispositive Motions by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 7/13/2007 (Attachments: # 1 List of Attachments# 2 Exhibit Attachment #1# 3 Exhibit Attachment #2# 4 Exhibit Attachment #3# 5 Exhibit Attachment #4# 6 Exhibit Attachment #5# 7 Exhibit Attachment #6# 8 Exhibit Attachment #7# 9 Exhibit Attachment #8)Proposed order is being emailed to chambers with copy to opposing counsel(Boyd, W) Modified docket text on 6/26/2007 (cbru, ). (Entered: 06/25/2007)
4472007-06-26 NOTICE of Hearing on Motion 443 MOTION to Compel Production of Documents-O'Rourke, 438 MOTION for Extension of Time to Respond to Subpoena, 435 MOTION for Protective Order, 446 MOTION for Extension of Time to Complete Depositions and for Filing Dispositive Motions : Motion Hearing set for 7/2/2007 09:30 AM before Honorable Margaret B Seymour. This hearing will be conducted via telephone. Defendant shall initiate the call and have all parties on the line prior to contacting the Court at 803-253-3421.(cbru, ) (Entered: 06/26/2007)
4482007-06-26 MOTION to Compel Documents and Deposition Testimony by Avondale Mills Incorporated.Response to Motion due by 7/16/2007 (Attachments: # 1 Exhibit Index# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8)No proposed order(Richardson, Terry) (Entered: 06/26/2007)
4492007-06-27 MOTION to Appear Pro Hac Vice by Amy Yervanian ( Filing fee $ 250 receipt number 1067930) by Avondale Mills Incorporated.Response to Motion due by 7/16/2007 (Attachments: # 1 Application# 2 Addendum # 3 Certification)No proposed order(Richardson, Terry) (Entered: 06/27/2007)
4502007-06-27 MOTION to Appear Pro Hac Vice by Brandon P. Ansley ( Filing fee $ 250 receipt number 1067972) by Avondale Mills Incorporated.Response to Motion due by 7/16/2007 (Attachments: # 1 Application# 2 Certification)No proposed order(Richardson, Terry) (Entered: 06/27/2007)
4512007-06-27 MOTION to Appear Pro Hac Vice by Jessica Eileen Neyman ( Filing fee $ 250 receipt number 1067984) by Avondale Mills Incorporated.Response to Motion due by 7/16/2007 (Attachments: # 1 Application# 2 Addendum # 3 Certification)No proposed order(Richardson, Terry) (Entered: 06/27/2007)
4522007-06-27 MOTION to Appear Pro Hac Vice by Christopher C. Bly ( Filing fee $ 250 receipt number 1067992) by Avondale Mills Incorporated.Response to Motion due by 7/16/2007 (Attachments: # 1 Application# 2 Certification)No proposed order(Richardson, Terry) (Entered: 06/27/2007)
4532007-06-27 MOTION to Appear Pro Hac Vice by Jasmine Collette Lowe ( Filing fee $ 250 receipt number 1067999) by Avondale Mills Incorporated.Response to Motion due by 7/16/2007 (Attachments: # 1 Application# 2 Certification)No proposed order(Richardson, Terry) (Entered: 06/27/2007)
4542007-06-27 MOTION to Appear Pro Hac Vice by Catherine Marcene O'Neil ( Filing fee $ 250 receipt number 1068008) by Avondale Mills Incorporated.Response to Motion due by 7/16/2007 (Attachments: # 1 Application# 2 Certification)No proposed order(Richardson, Terry) (Entered: 06/27/2007)
4552007-06-27 MOTION to Appear Pro Hac Vice by Dayton Stout Velarde ( Filing fee $ 250 receipt number 1068012) by Avondale Mills Incorporated.Response to Motion due by 7/16/2007 (Attachments: # 1 Application# 2 Certification)No proposed order(Richardson, Terry) (Entered: 06/27/2007)
4562007-06-27 DEFENDANT'S ID OF EXPERT WITNESSES (Supplemental) by Norfolk Southern Railway Company, Norfolk Southern Corporation.(Kelly, Christopher) (Entered: 06/27/2007)
4572007-06-28 RESPONSE in Opposition re 443 MOTION to Compel Production of Documents-O'Rourke Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 7/9/2007 (Attachments: # 1 Exhibit One# 2 Exhibit Two)(Richardson, Terry) (Entered: 06/28/2007)
4582007-06-28 RESPONSE in Opposition re 446 MOTION for Extension of Time to Complete Depositions and for Filing Dispositive Motions Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 7/9/2007 (Attachments: # 1 Exhibit Index# 2 Exhibit One# 3 Exhibit Two# 4 Exhibit Three# 5 Exhibit Four# 6 Exhibit Five)(Richardson, Terry) (Entered: 06/28/2007)
4592007-06-27 MOTION to Appear Pro Hac Vice by Sean Patrick Flynn Filing Fee Receipt Number 1068004 ( Filing fee $ 250) by Avondale Mills Incorporated.Response to Motion due by 7/16/2007 (Attachments: # 1 Application# 2 Certification)No proposed order(cbru, ) (Entered: 06/28/2007)
4602007-06-29 ORDER granting 449 Motion to Appear Pro Hac Vice; granting 450 Motion to Appear Pro Hac Vice; granting 451 Motion to Appear Pro Hac Vice; granting 452 Motion to Appear Pro Hac Vice; granting 453 Motion to Appear Pro Hac Vice; granting 454 Motion to Appear Pro Hac Vice; granting 455 Motion to Appear Pro Hac Vice; granting 459 Motion to Appear Pro Hac Vice. Signed by Judge Margaret B Seymour on 6/29/2007.(cbru, ) (Entered: 06/29/2007)
4612007-06-29 MOTION to Appear Pro Hac Vice by Philip M. Busman ( Filing fee $ 250 receipt number 1070216) by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 7/19/2007 (Attachments: # 1 Affidavit Application/Affidavit for Pro Hac Vice Admission)No proposed order(Kelly, Christopher) (Entered: 06/29/2007)
4622007-06-29 MOTION to Appear Pro Hac Vice by Matthew J. Malinowski ( Filing fee $ 250 receipt number 1070241) by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 7/19/2007 (Attachments: # 1 Affidavit Application/Affidavit for Pro Hac Vice Admission)No proposed order(Kelly, Christopher) (Entered: 06/29/2007)
4632007-06-29 MOTION to Appear Pro Hac Vice by Jessica E. Krieg ( Filing fee $ 250 receipt number 1070990) by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 7/19/2007 (Attachments: # 1 Affidavit of Jessica E. Krieg)No proposed order(Kelly, Christopher) Modified docket text on 6/29/2007 (cbru, ). (Entered: 06/29/2007)
4642007-06-29 ORDER granting 462 Motion to Appear Pro Hac Vice; granting 463 Motion to Appear Pro Hac Vice. Signed by Judge Margaret B Seymour on 6/29/2007.(cbru, ) (Entered: 06/29/2007)
4652007-06-29 ORDER granting 461 Motion to Appear Pro Hac Vice. Signed by Judge Margaret B Seymour on 6/29/2007.(cbru, ) (Entered: 06/29/2007)
4662007-06-29 RESPONSE in Support re 446 MOTION for Extension of Time to Complete Depositions and for Filing Dispositive Motions Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit Attachment 1)(Tate, Ronald) (Entered: 06/29/2007)
4672007-06-29 MOTION to Compel Avondale to Produce Certain Documents by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 7/19/2007 (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3# 5 Exhibit Att. 4# 6 Exhibit Att. 5# 7 Exhibit Att. 6# 8 Exhibit Att. 7# 9 Exhibit Att. 8# 10 Exhibit Att. 9# 11 Exhibit Att. 10# 12 Exhibit Att. 11)No proposed order(Johnsen, Jennifer) (Entered: 06/29/2007)
4682007-06-29 MOTION to Compel Production of Documents from Gibbs International Inc. by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 7/19/2007 (Attachments: # 1 Exhibit Attachment 1# 2 Memo in Support of Motion to Compel# 3 Exhibit Attachment 1 to Memo# 4 Exhibit Attachment 2 to Memo# 5 Exhibit Attachment 3 to Memo# 6 Exhibit Attachment 4 to Memo# 7 Exhibit Attachment 5 to Memo# 8 Exhibit Attachment 6 to Memo)No proposed order(Johnsen, Jennifer) (Entered: 06/29/2007)
4692007-06-29 RESPONSE in Opposition re 438 MOTION for Extension of Time to Respond to Subpoena Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 7/12/2007 (Attachments: # 1 Exhibit Attachment 1# 2 Exhibit Attachment 2# 3 Exhibit Attachment 3# 4 Exhibit Attachment 4# 5 Exhibit Attachment 5# 6 Exhibit Attachment 6)(Johnsen, Jennifer) Modified on 7/2/2007 to link to motion to compel, entry #468 (mdea, ). (Entered: 06/29/2007)
4702007-06-29 RESPONSE in Opposition re 448 MOTION to Compel Documents and Deposition Testimony Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 7/12/2007 (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3# 5 Exhibit Att. 4# 6 Exhibit Att. 5# 7 Exhibit Att. 6# 8 Exhibit Att. 7# 9 Exhibit Att. 8# 10 Exhibit Att. 9# 11 Exhibit Att. 10# 12 Exhibit Att. 11# 13 Exhibit Att. 12# 14 Exhibit Att. 13)(Tate, Ronald) (Entered: 06/29/2007)
4712007-07-01 OBJECTIONS byGibbs International Inc to 468 MOTION to Compel Production of Documents from Gibbs International Inc.. (Dunlap, Kevin) (Entered: 07/01/2007)
4722007-07-02 DOCKET ANNOTATION - NO Correction by attorney required. Entry #469 linkage added to entry #468. (mdea ) (Entered: 07/02/2007)
4732007-07-02 Minute Entry. Proceedings held before Judge Margaret B Seymour : granting in part 435 Motion for Protective Order; granting 438 Motion for Extension of Time; granting 443 Motion to Compel; granting 446 Motion for Extension of Time; finding as moot 448 Motion to Compel; Motion Hearing held on 7/2/2007 re 467 MOTION to Compel Avondale to Produce Certain Documents filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 448 MOTION to Compel Documents and Deposition Testimony filed by Avondale Mills Incorporated, 443 MOTION to Compel Production of Documents-O'Rourke filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 435 MOTION for Protective Order filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 446 MOTION for Extension of Time to Complete Depositions and for Filing Dispositive Motions filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 438 MOTION for Extension of Time to Respond to Subpoena filed by Gibbs International Inc, 468 MOTION to Compel Production of Documents from Gibbs International Inc filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. Court extends Gibbs International's response/objections to Norfolk Southern's subpoena until 7/11/2007. Court extends deadline for depositions to 7/27/2007, filing of dispositive motions to 8/7/2007, responses to dispositive motions to 8/27/2007, replies to responses to dispositive motions to 8/31/2007 and will set a hearing on dispositive motions for 9/7/2007. Court Reporter Gary Smith. (mdea ) (Entered: 07/02/2007)
4752007-07-10 MOTION to Compel Complete Production of Documents Reviewed by Testifying Expert Harold V. Meyer by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 7/30/2007 (Attachments: # 1 Memo in Support # 2 Exhibit Attachment 1# 3 Exhibit Attachment 2# 4 Exhibit Attachment 3# 5 Exhibit Attachment 4# 6 Exhibit Attachment 5# 7 Exhibit Attachment 6# 8 Exhibit Attachment 7)No proposed order(Tate, Ronald) (Entered: 07/10/2007)
4762007-07-13 TRANSCRIPT (Unredacted - no juror names to redact) of telephone conference motion hearing held on July 2, 2007 before Judge Margaret B. Seymour. Court Reporter: Gary Smith. (gsmith, ) (Entered: 07/13/2007)
4772007-07-20 Supplemental Local Rule 26.03 Answers to Interrogatories by Norfolk Southern Railway Company, Norfolk Southern Corporation.(Johnsen, Jennifer) (Entered: 07/20/2007)
4782007-07-23 Amended Local Rule 26.03 Answers to Interrogatories by Avondale Mills Incorporated.(Richardson, Terry) (Entered: 07/23/2007)
4792007-07-24 Supplemental Local Rule 26.03 Answers to Interrogatories by Norfolk Southern Railway Company, Norfolk Southern Corporation.(Reeves, Phillip) (Entered: 07/24/2007)
4802007-07-24 RESPONSE in Opposition re 475 MOTION to Compel Complete Production of Documents Reviewed by Testifying Expert Harold V. Meyer Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 8/3/2007 (Attachments: # 1 Exhibit Index of Exhibits# 2 Exhibit One# 3 Exhibit Two# 4 Exhibit Three# 5 Exhibit Four# 6 Exhibit Five# 7 Exhibit Six# 8 Exhibit Seven# 9 Exhibit Eight# 10 Exhibit Nine# 11 Exhibit Ten# 12 Exhibit Eleven)(Richardson, Terry) (Entered: 07/24/2007)
4822007-07-26 Deficiency Memo re #481 MOTION to Dismiss. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 7/27/2007. (cbru, ) (Entered: 07/26/2007)
4832007-07-26 Consent MOTION for Protective Order Regarding Deposition of Stephen Antinelli by Avondale Mills Incorporated.Response to Motion due by 8/13/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Richardson, Terry) Modified docket text on 7/26/2007 (cbru, ). (Entered: 07/26/2007)
4842007-07-26 AGREED PROTECTIVE ORDER AND ORDER OF CONFIDENTIALITY. Signed by Judge Margaret B Seymour on 7/26/2007. (cbru, ) (Entered: 07/26/2007)
4852007-07-25 Consent MOTION to Dismiss Defendants Mike Ford and James Thornton without Prejudice by Mike Ford, James Thornton, Factory Mutual Insurance Company, Avondale Mills Incorporated.Response to Motion due by 8/13/2007 (Attachments: # 1 Exhibit Certificate of Service)Proposed order is being emailed to chambers with copy to opposing counsel(Richardson, Terry) Modified date filed on 7/26/2007 (cbru, ). (Entered: 07/26/2007)
4862007-07-26 ENTRY DELETED re 482 Deficiency Memo Corrected Filing Document Number: 485 Modified filing date to that of original filing: 7/25/2007 Response due date modified to that of original filing: 8/13/2007 (cbru, ) (Entered: 07/26/2007)
4872007-07-26 ORDER granting 485 Motion to Dismiss. Signed by Judge Margaret B Seymour on 7/26/2007.(cbru, ) (Entered: 07/26/2007)
4892007-07-26 PROTECTIVE ORDER, Motions terminated: 483 Consent MOTION for Protective Order Regarding Deposition of Stephen Antinelli filed by Avondale Mills Incorporated. Signed by Judge Margaret B Seymour on 7/26/2007. (cbru, ) (Entered: 07/27/2007)
4912007-07-27 Amended Local Rule 26.03 Answers to Interrogatories by Avondale Mills Incorporated.(Richardson, Terry) (Entered: 07/27/2007)
4922007-07-27 Amended Local Rule 26.03 Answers to Interrogatories by Norfolk Southern Railway Company, Norfolk Southern Corporation.(Reeves, Phillip) (Entered: 07/27/2007)
4932007-07-30 Deficiency Memo re #490 RESPONSE in Support of Motion. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 7/31/2007. (cbru, ) (Entered: 07/30/2007)
4942007-07-27 REPLY to Response to Motion re 475 MOTION to Compel Complete Production of Documents Reviewed by Testifying Expert Harold V. Meyer Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Johnsen, Jennifer) Modified date filed on 7/31/2007 (cbru, ). (Entered: 07/30/2007)
4952007-07-31 ENTRY DELETED re 493 Deficiency Memo Corrected Filing Document Number: 494 Modified filing date to that of original filing: 7/27/2007 (cbru, ) (Entered: 07/31/2007)
4962007-08-01 NOTICE of Appearance by Mary Ayres Gruenhagen on behalf of Norfolk Southern Railway Company, Norfolk Southern Corporation (Gruenhagen, Mary) (Entered: 08/01/2007)
4972007-08-01 NOTICE of Appearance by J Nicole Judd Buntin on behalf of Norfolk Southern Railway Company, Norfolk Southern Corporation (Buntin, J) (Entered: 08/01/2007)
4982007-08-01 MOTION for Protective Order Regarding the Deposition of Mary O'Rourke by Avondale Mills Incorporated.Response to Motion due by 8/20/2007 (Attachments: # 1 Exhibit A# 2 Exhibit B)No proposed order(Richardson, Terry) (Entered: 08/01/2007)
4992007-08-02 NOTICE of Appearance by Mary Allison Moon on behalf of Norfolk Southern Railway Company, Norfolk Southern Corporation (Moon, Mary) (Entered: 08/02/2007)
5012007-08-06 MOTION for Hearing (Evidentiary) by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/24/2007 (Attachments: # 1 Memo in Support of Motion for Evidentiary Hearing)Proposed order is being emailed to chambers with copy to opposing counsel(Boyd, W) Additional attachments filed as entry #502-528 on 8/6/2007 (cbru, ). (Entered: 08/06/2007)
5022007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) Exhibit List. (Attachments: # 1 Exhibit Att. ML-1# 2 Exhibit ML-2# 3 Exhibit Att. ML-3)(Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5032007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-4 1 of 2. (Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5042007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-4 2 of 2. (Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5052007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-5. (Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5062007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-6 1 of 2. (Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5072007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-6 2 of 2. (Attachments: # 1 Exhibit ML-7)(Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5082007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-8 1 of 2. (Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5092007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-8 2 of 2. (Attachments: # 1 Exhibit ML-9# 2 Exhibit ML-10)(Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5102007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-11 1 of 2. (Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5112007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-11 2 of 2. (Attachments: # 1 Exhibit ML-12# 2 Exhibit ML-13# 3 Exhibit ML-14)(Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5122007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-15. (Attachments: # 1 Exhibit ML-16# 2 Exhibit ML-17# 3 Exhibit ML-18# 4 Exhibit ML-19# 5 Exhibit ML-20# 6 Exhibit ML-21# 7 Exhibit ML-22)(Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5132007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-23. (Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5142007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-24 1 of 3. (Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5152007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-24 2 of 3. (Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5162007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-24 3 of 3. (Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5172007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-25. (Attachments: # 1 Exhibit ML-26)(Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5182007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-27 1 of 2. (Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5192007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-27 2 of 2. (Attachments: # 1 Exhibit ML-28# 2 Exhibit ML-29# 3 Exhibit ML-30# 4 Exhibit ML-31# 5 Exhibit ML-32# 6 Exhibit ML-33# 7 Exhibit ML-34# 8 Exhibit ML-35)(Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5202007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-36. (Attachments: # 1 Exhibit ML-37# 2 Exhibit ML-38)(Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5232007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) MML-40 1 of 2. (Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5242007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-40 2 of 2. (Attachments: # 1 Exhibit ML-41# 2 Exhibit ML-42# 3 Exhibit ML-43# 4 Exhibit ML-44# 5 Exhibit ML-45# 6 Exhibit ML-46# 7 Exhibit ML-47)(Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5252007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-48. (Attachments: # 1 Exhibit ML-49# 2 Exhibit ML-50# 3 Exhibit ML-51)(Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5262007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-52 1 of 2. (Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5272007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-52 2 of 2. (Attachments: # 1 Exhibit ML-53)(Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5282007-08-06 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-54. (Boyd, W) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5312007-08-06 MOTION for Summary Judgment On Issues of Lost Business Value by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/24/2007 (Attachments: # 1 Memo in Support # 2 Attachment List# 3 Att. 1# 4 Att. 2# 5 Att. 3# 6 Att. 4# 7 Att. 5# 8 Att. 6# 9 Att. 7# 10 Att. 8# 11 Att. 9# 12 Att. 10# 13 Att. 11# 14 Att. 12# 15 Att. 13# 16 Att. 14# 17 Att. 15# 18 Att. 16# 19 Att. 17# 20 Att. 18# 21 Att. 19# 22 Att. 20# 23 Att. 21# 24 Att. 22# 25 Att. 23# 26 Att. 24)No proposed order(Boyd, W) (Entered: 08/06/2007)
5322007-08-06 Additional Attachments to Main Document 566 MOTION for Partial Summary Judgment on "Consequential Damages" Exhibit 13. (Attachments: # 1 Exhibit 14# 2 Exhibit 15# 3 Exhibit 16# 4 Exhibit 17# 5 Exhibit 18# 6 Exhibit 19# 7 Exhibit 20# 8 Exhibit 21# 9 Exhibit 22# 10 Exhibit 23# 11 Exhibit 24# 12 Exhibit 25# 13 Exhibit 26# 14 Exhibit 27# 15 Exhibit 28# 16 Exhibit 29# 17 Exhibit 30# 18 Exhibit 31)(Tate, Ronald) Modified docket text on 8/7/2007 (cbru, ). Modified docket entry relationship on 8/8/2007 (cbru, ). (Entered: 08/06/2007)
5332007-08-06 Additional Attachments to Main Document 566 MOTION for Partial Summary Judgment on "Consequential Damages" Exhibit 32. (Attachments: # 1 Exhibit 33# 2 Exhibit 34# 3 Exhibit 35# 4 Exhibit 36# 5 Exhibit 37# 6 Exhibit 38# 7 Exhibit 39# 8 Exhibit 40# 9 Exhibit 41)(Tate, Ronald) Modified docket text on 8/7/2007 (cbru, ). Modified docket entry relationship on 8/8/2007 (cbru, ). (Entered: 08/06/2007)
5342007-08-06 Additional Attachments to Main Document 566 MOTION for Partial Summary Judgment on "Consequential Damages" Exhibit 42. (Attachments: # 1 Exhibit 43# 2 Exhibit 44# 3 Exhibit 45# 4 Exhibit 46# 5 Exhibit 47# 6 Exhibit 48# 7 Exhibit 49# 8 Exhibit 50# 9 Exhibit 51# 10 Exhibit 52)(Tate, Ronald) Modified docket text on 8/7/2007 (cbru, ). Modified docket entry relationship on 8/8/2007 (cbru, ). (Entered: 08/06/2007)
5352007-08-06 MOTION for Partial Summary Judgment as to Plaintiffs' Second and Third Causes of Action by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/24/2007 (Attachments: # 1 Memo in Support # 2 Exhibit List of Attachments# 3 Exhibit Att. 1# 4 Exhibit Att. 2# 5 Exhibit Att. 3# 6 Exhibit Att. 4)No proposed order(Johnsen, Jennifer) Modified docket text on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5362007-08-06 MOTION for Summary Judgment on Lost Business Value Claim Due to Lack of Admissible and Sufficient Evidence of Avondale's Liquidation Value by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/24/2007 (Attachments: # 1 Memo in Support # 2 Exhibit List# 3 Exhibit Att.1# 4 Exhibit Att.2# 5 Exhibit Att.3# 6 Exhibit Att.4# 7 Exhibit Att.5# 8 Exhibit Att.6# 9 Exhibit Att.7# 10 Exhibit Att.8)No proposed order(Boyd, W) (Entered: 08/06/2007)
5372007-08-06 MOTION in Limine to Exclude Testimony of Robert Del Genio by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/24/2007 (Attachments: # 1 Memo in Support# 2 List of Attachments# 3 Att. 1)No proposed order(Tate, Ronald) Modified docket text and description of attachments on 8/7/2007 (cbru, ). (Entered: 08/06/2007)
5382007-08-07 MOTION in Limine to Exclude the Expert Testimony of Robert Taylor on Lost Business Value by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 No proposed order(Boyd, W) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5392007-08-07 MOTION for Partial Summary Judgment by Avondale Mills Incorporated.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5)No proposed order(Richardson, Terry) (Entered: 08/07/2007)
5402007-08-07 MOTION for Partial Summary Judgment (Non-Operational Issues) by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 Appendix # 3 Exhibit A-1# 4 Exhibit A-2# 5 Exhibit A-3)No proposed order(Kelly, Christopher) Modified docket text on 8/8/2007 (cbru, ). Additional attachments filed as entry #541-545, 547, 549 on 8/7/2007. Additional attachments filed as entry #684 on 8/31/2007 (cbru, ). (Entered: 08/07/2007)
5412007-08-07 Additional Attachments to Main Document 540 MOTION for Partial Summary Judgment (Non-Operational Issues) Exhibit A-4. (Attachments: # 1 Exhibit A-5# 2 Exhibit A-6# 3 Exhibit A-7# 4 Exhibit A-8# 5 Exhibit A-9# 6 Exhibit A-10)(Kelly, Christopher) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5422007-08-07 Additional Attachments to Main Document 540 MOTION for Partial Summary Judgment (Non-Operational Issues) Exhibit A-11. (Attachments: # 1 Exhibit A-12# 2 Exhibit A-13# 3 Exhibit A-14# 4 Exhibit A-15# 5 Exhibit A-16# 6 Exhibit A-17# 7 Exhibit A-18# 8 Exhibit B# 9 Exhibit C)(Kelly, Christopher) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5432007-08-07 Additional Attachments to Main Document 540 MOTION for Partial Summary Judgment (Non-Operational Issues) Exhibit D. (Attachments: # 1 Exhibit E-1# 2 Exhibit E-2# 3 Exhibit E-3# 4 Exhibit E-4# 5 Exhibit E-5# 6 Exhibit E-6# 7 Exhibit E-7# 8 Exhibit E-8)(Kelly, Christopher) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5442007-08-07 Additional Attachments to Main Document 540 MOTION for Partial Summary Judgment (Non-Operational Issues) Exhibit F. (Attachments: # 1 Exhibit F-1# 2 Exhibit F-2# 3 Exhibit F-3# 4 Exhibit F-4# 5 Exhibit F-5)(Kelly, Christopher) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5452007-08-07 Additional Attachments to Main Document 540 MOTION for Partial Summary Judgment (Non-Operational Issues) Exhibit F-6 (1 of 6). (Attachments: # 1 Exhibit F-6 (2 of 6)# 2 Exhibit F-6 (3 of 6))(Kelly, Christopher) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5462007-08-07 MOTION for Partial Summary Judgment As to Plaintiffs' Claim for Attorneys' and Consultant Fees by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 Exhibit List of Attachments# 3 Exhibit Att 1# 4 Exhibit Att 2# 5 Exhibit Att 3# 6 Exhibit Att 4# 7 Exhibit Att 5# 8 Exhibit Att 6)No proposed order(Tate, Ronald) (Entered: 08/07/2007)
5472007-08-07 Additional Attachments to Main Document 540 MOTION for Partial Summary Judgment (Non-Operational Issues) Exhibit F-6 (4 of 6). (Attachments: # 1 Exhibit F-6 (5 of 6)# 2 Exhibit F-6 (6 of 6)# 3 Exhibit F-7)(Kelly, Christopher) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5482007-08-07 MOTION for Summary Judgment to Preclude Double Recovery of Both Alleged Lost Business Value and Lost Profits ("Increased Costs") Damages by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 Exhibit List of attachments# 3 Exhibit Att. 1# 4 Exhibit Att. 2)No proposed order(Johnsen, Jennifer) (Entered: 08/07/2007)
5492007-08-07 Additional Attachments to Main Document 540 MOTION for Partial Summary Judgment (Non-Operational Issues) Exhibit F-8. (Attachments: # 1 Exhibit F-9# 2 Exhibit G# 3 Exhibit G-1# 4 Exhibit H# 5 Exhibit I# 6 Exhibit J# 7 Exhibit K)(Kelly, Christopher) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5502007-08-07 MOTION for Leave to File Excess Pages for Memorandum in Support of Motion for Partial Summary Judgment (Operational Issues) by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 No proposed order(Kelly, Christopher) (Entered: 08/07/2007)
5512007-08-07 MOTION for Partial Summary Judgment (Operational Issues) by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 Index of Exhibit Submissions# 3 Exhibit A-1# 4 Exhibit A-2# 5 Exhibit A-3# 6 Exhibit A-4# 7 Exhibit A-5)No proposed order(Kelly, Christopher) Additional attachments filed as entry #552-554, 556-557 on 8/7/2007 (cbru, ). (Entered: 08/07/2007)
5522007-08-07 Additional Attachments to Main Document 551 MOTION for Partial Summary Judgment (Operational Issues) Exhibit A-6. (Attachments: # 1 Exhibit A-7# 2 Exhibit A-8# 3 Exhibit A-9# 4 Exhibit A-10# 5 Exhibit A-11# 6 Exhibit A-12# 7 Exhibit A-13# 8 Exhibit A-14# 9 Exhibit A-15# 10 Exhibit A-16# 11 Exhibit A-17)(Kelly, Christopher) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5532007-08-07 Additional Attachments to Main Document 551 MOTION for Partial Summary Judgment (Operational Issues) Exhibit A-18. (Attachments: # 1 Exhibit A-19# 2 Exhibit A-20# 3 Exhibit A-21# 4 Exhibit A-22# 5 Exhibit A-23# 6 Exhibit A-24# 7 Exhibit A-25# 8 Exhibit B-1)(Kelly, Christopher) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5542007-08-07 Additional Attachments to Main Document 551 MOTION for Partial Summary Judgment (Operational Issues) Exhibit C-1. (Attachments: # 1 Exhibit C-2# 2 Exhibit C-3# 3 Exhibit D-1# 4 Exhibit D-2# 5 Exhibit D-3# 6 Exhibit D-4# 7 Exhibit D-5# 8 Exhibit D-6# 9 Exhibit D-7# 10 Exhibit D-8# 11 Exhibit D-9)(Kelly, Christopher) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5552007-08-07 MOTION to Strike the Untimely Supplemental Interrogatory Responses of Plaintiff Avondale Mills, Inc. by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Exhibit List of attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3# 5 Exhibit Att. 4)No proposed order(Tate, Ronald) (Entered: 08/07/2007)
5562007-08-07 Additional Attachments to Main Document 551 MOTION for Partial Summary Judgment (Operational Issues) Exhibit E-1. (Attachments: # 1 Exhibit E-2# 2 Exhibit E-3# 3 Exhibit E-4# 4 Exhibit E-5# 5 Exhibit E-6)(Kelly, Christopher) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5572007-08-07 Additional Attachments to Main Document 551 MOTION for Partial Summary Judgment (Operational Issues) Exhibit E-7. (Attachments: # 1 Exhibit E-8# 2 Exhibit E-9# 3 Exhibit E-10# 4 Exhibit E-11# 5 Exhibit E-12# 6 Exhibit E-13)(Kelly, Christopher) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5582007-08-07 MOTION in Limine to Exclude the Expert Testimony of Robert Taylor by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 List of Attachments# 3 Att. 1# 4 Att. 2# 5 Att. 3# 6 Att. 4# 7 Att. 5# 8 Att. 6# 9 Att. 7# 10 Att. 8)No proposed order(Boyd, W) Modified docket text on 8/8/2007 (cbru, ). Additional attachments filed as entry #559 on 8/7/2007. (Entered: 08/07/2007)
5592007-08-07 Additional Attachments to Main Document 558 MOTION in Limine to Exclude the Expert Testimony of Robert Taylor Attachment 9. (Attachments: # 1 Att. 10# 2 Att. 11# 3 Att. 12# 4 Att. 13# 5 Att. 14# 6 Att. 15)(Boyd, W) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5602007-08-07 MOTION in Limine to Exclude the Expert Testimony of Robert Del Genio by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 List of Attachments# 3 Att. 1# 4 Att. 2# 5 Att. 3# 6 Att. 4# 7 Att. 5# 8 Att. 6# 9 Att. 7)No proposed order(Boyd, W) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5612007-08-07 MOTION in Limine to Exclude the Expert Testimony of Dr. Oliver G. Wood, Jr., as Related to Compensatory Damages, MOTION to Strike Avondale's Claim for Prejudgment Interest by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 List of Attachments# 3 Att. 1# 4 Att. 2)No proposed order(Boyd, W) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5622007-08-07 Deficiency Memo re #529 MOTION for Summary Judgment. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 8/8/2007. (cbru, ) (Entered: 08/07/2007)
5632007-08-07 Deficiency Memo re #530 MOTION for Summary Judgment. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 8/8/2007. (cbru, ) (Entered: 08/07/2007)
5642007-08-07 MOTION for Clarification Regarding Evidence of Excessive Speed by Avondale Mills Incorporated.Response to Motion due by 8/27/2007 (Attachments: # 1 Exhibit One)No proposed order(Richardson, Terry) (Entered: 08/07/2007)
5652007-08-06 MOTION for Partial Summary Judgment Concerning Plaintiffs' Claims for Workers' Compensation Payments as "Consequential Damages" by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/24/2007 (Attachments: # 1 Memo in Support # 2 Exhibit Attachment list# 3 Exhibit Att 1# 4 Exhibit Att 2# 5 Exhibit Att 3# 6 Exhibit Att 4# 7 Exhibit Att 5# 8 Exhibit Att 6# 9 Exhibit Att 7# 10 Exhibit Att 8# 11 Exhibit Att 9)No proposed order(Johnsen, Jennifer) Modified date filed and Response to Motion due date on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5662007-08-06 MOTION for Partial Summary Judgment on "Consequential Damages" by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/24/2007 (Attachments: # 1 Memo in Support # 2 Exhibit List of attachments# 3 Exhibit Att. 1# 4 Exhibit Att. 2# 5 Exhibit Att. 3# 6 Exhibit Att. 4# 7 Exhibit Att. 5# 8 Exhibit Att. 6# 9 Exhibit Att. 7# 10 Exhibit Att. 8# 11 Exhibit Att. 9# 12 Exhibit Att. 10# 13 Exhibit Att. 11# 14 Exhibit Att. 12)No proposed order(Tate, Ronald) Modified date filed, Response to Motion due date, and description of attachment on 8/8/2007 (cbru, ). Additional attachments filed as entry #532, 533, 534 on 8/6/2007. (Entered: 08/07/2007)
5702007-08-07 MOTION for Partial Summary Judgment by Factory Mutual Insurance Company.Response to Motion due by 8/27/2007 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)No proposed order(Smith, Michael) (Entered: 08/07/2007)
5712007-08-07 MOTION for Partial Summary Judgment Regarding Defendants' Affirmative Defenses by Avondale Mills Incorporated.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 Exhibit A# 3 Exhibit B)No proposed order(Richardson, Terry) (Entered: 08/07/2007)
5722007-08-07 MOTION for Partial Summary Judgment on Alleged Business Interruption Damages by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 Exhibit Attachment List# 3 Exhibit Att 1# 4 Exhibit Att 2# 5 Exhibit Att 3# 6 Exhibit Att 4# 7 Exhibit Att 5# 8 Exhibit Att 6# 9 Exhibit Att 7# 10 Exhibit Att 8# 11 Exhibit Att 9# 12 Exhibit Att 10# 13 Exhibit Att 11# 14 Exhibit Att 12# 15 Exhibit Att 13# 16 Exhibit Att 14# 17 Exhibit Att 15# 18 Exhibit Att 16# 19 Exhibit Att 17# 20 Exhibit Att 18# 21 Exhibit Att 19# 22 Exhibit Att 20# 23 Exhibit Att 21# 24 Exhibit Att 22# 25 Exhibit Att 23)No proposed order(Johnsen, Jennifer) (Entered: 08/07/2007)
5732007-08-07 MOTION for Partial Summary Judgment On Lack Of Duty To Unaffected Plants by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 List of Attachments# 3 Att. 1)No proposed order(Boyd, W) (Entered: 08/07/2007)
5742007-08-07 MOTION in Limine To Exclude The Expert Testimony of Van Allen May by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 List of Attachments# 3 Att. 1# 4 Att. 2# 5 Att. 3)No proposed order(Boyd, W) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5752007-08-07 MOTION for Partial Summary Judgment as to Plaintiffs' Claims for Certain Property Damage and Remedial Expenses by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 Exhibit List of Attachments# 3 Exhibit Att. 1# 4 Exhibit Att. 2# 5 Exhibit Att. 3# 6 Exhibit Att. 4# 7 Exhibit Att. 5# 8 Exhibit Att. 6# 9 Exhibit Att. 7# 10 Exhibit Att. 8# 11 Exhibit Att. 9# 12 Exhibit Att. 10# 13 Exhibit Att. 11# 14 Exhibit Att. 12# 15 Exhibit Att. 13# 16 Exhibit Att. 14# 17 Exhibit Att. 15# 18 Exhibit Att. 16# 19 Exhibit Att. 17# 20 Exhibit Att. 18# 21 Exhibit Att. 19# 22 Exhibit Att. 20# 23 Exhibit Att. 21# 24 Exhibit Att. 22# 25 Exhibit Att. 23# 26 Exhibit Att. 24# 27 Exhibit Att. 25)No proposed order(Reeves, Phillip) (Entered: 08/07/2007)
5762007-08-07 MOTION in Limine to Exclude Testimony of Mary T. O'Rourke by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support of Motion to Exclude Testimony-O'Rourke# 2 Exhibit List of Attachments)No proposed order(Johnsen, Jennifer) Modified docket text on 8/8/2007 (cbru, ). Additional attachments filed as entry #577, 579, 580 on 8/7/2007 (cbru, ). (Entered: 08/07/2007)
5772007-08-07 Additional Attachments to Main Document 576 MOTION in Limine to Exclude Testimony of Mary T. O'Rourke Att. 1. (Attachments: # 1 Exhibit Att.2# 2 Exhibit Att. 3# 3 Exhibit Att. 4# 4 Exhibit Att. 5# 5 Exhibit Att. 6# 6 Exhibit Att. 7# 7 Exhibit Att. 8# 8 Exhibit Att. 9# 9 Exhibit Att. 10# 10 Exhibit Att. 11# 11 Exhibit Att. 12# 12 Exhibit Att. 13# 13 Exhibit Att. 14)(Johnsen, Jennifer) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5782007-08-07 MOTION in Limine to Exclude Testimony of Harold V. Meyer by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 Exhibit Attachment list# 3 Exhibit Att. 1# 4 Exhibit Att. 2# 5 Exhibit Att. 3# 6 Exhibit Att. 4# 7 Exhibit Att. 5)No proposed order(Reeves, Phillip) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5792007-08-07 Additional Attachments to Main Document 576 MOTION in Limine to Exclude Testimony of Mary T. O'Rourke Att. 15. (Attachments: # 1 Exhibit Att. 16# 2 Exhibit Att. 17# 3 Exhibit Att. 18# 4 Exhibit Att. 19# 5 Exhibit Att. 20# 6 Exhibit Att. 21# 7 Exhibit Att. 22# 8 Exhibit Att. 23# 9 Exhibit Att. 24# 10 Exhibit Att. 25# 11 Exhibit Att. 26# 12 Exhibit Att. 27)(Johnsen, Jennifer) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5802007-08-07 Additional Attachments to Main Document 576 MOTION in Limine to Exclude Testimony of Mary T. O'Rourke Att. 28. (Attachments: # 1 Exhibit Att. 29# 2 Exhibit Att. 30# 3 Exhibit Att. 31# 4 Exhibit Att. 32# 5 Exhibit Att. 33# 6 Exhibit Att. 34# 7 Exhibit Att. 35# 8 Exhibit Att. 36# 9 Exhibit Att. 37)(Johnsen, Jennifer) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5812007-08-07 MOTION in Limine To Exclude Expert Testimony Of George Easton by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 List of Attachments# 3 Att. 1# 4 Att. 2)No proposed order(Boyd, W) Modified docket text on 8/8/2007 (cbru, ). Additional attachments filed as entry #582 on 8/7/2007. (Entered: 08/07/2007)
5822007-08-07 Additional Attachments to Main Document 581 MOTION in Limine To Exclude Expert Testimony Of George Easton Attachment 3. (Attachments: # 1 Att. 4# 2 Att. 5# 3 Att. 6)(Boyd, W) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5832007-08-07 MOTION in Limine to Exclude Certain Expert Opinions of Lloyd Crosthwait by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 Exhibit Attachment list# 3 Exhibit Att. 1# 4 Exhibit Att. 2# 5 Exhibit Att. 3# 6 Exhibit Att. 4# 7 Exhibit Att. 5# 8 Exhibit Att. 6# 9 Exhibit Att. 7# 10 Exhibit Att. 8# 11 Exhibit Att. 9# 12 Exhibit Att. 10# 13 Exhibit Att. 11# 14 Exhibit Att. 12# 15 Exhibit Att. 13# 16 Exhibit Att. 14# 17 Exhibit Att. 15# 18 Exhibit Att. 16# 19 Exhibit Att. 17)No proposed order(Tate, Ronald) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5842007-08-07 MOTION for Partial Summary Judgment as to Plaintiffs' Claim for Repair and/or Replacement Cost by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 Exhibit List of Attachments# 3 Exhibit Att. 1# 4 Exhibit Att. 2# 5 Exhibit Att. 3# 6 Exhibit Att. 4# 7 Exhibit Att. 5# 8 Exhibit Att. 6# 9 Exhibit Att. 7# 10 Exhibit Att. 8# 11 Exhibit Att. 9# 12 Exhibit Att. 10# 13 Exhibit Att. 11)No proposed order(Reeves, Phillip) (Entered: 08/07/2007)
5852007-08-07 MOTION in Limine to Exclude the Expert Testimony of George W. Pearsall by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support Motion to exclude testimony - Pearsall# 2 Exhibit List of Attachments# 3 Exhibit Att. 1# 4 Exhibit Att. 2# 5 Exhibit Att. 3# 6 Exhibit Att. 4)No proposed order(Johnsen, Jennifer) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5862007-08-07 MOTION to Strike Avondale Expert Mary O'Rourke because of Discovery Obstruction by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 Exhibit Attachment List# 3 Exhibit Att 1# 4 Exhibit Att 2# 5 Exhibit Att 3)No proposed order(Johnsen, Jennifer) (Entered: 08/07/2007)
5882007-08-07 MOTION to Seal by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 No proposed order(Johnsen, Jennifer) (Entered: 08/07/2007)
5892007-08-07 MOTION in Limine to Exclude Testimony of Lisa Detter-Hoskin by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support# 2 Exhibit List of Attachments# 3 Exhibit Att. 1# 4 Exhibit Att. 2# 5 Exhibit Att. 3# 6 Exhibit Att. 4# 7 Exhibit Att. 5# 8 Exhibit Att. 6# 9 Exhibit Att. 7)No proposed order(Buntin, J) Modified docket text and description of attachment on 8/8/2007 (cbru, ). Additional attachments filed as entry #590, 592 on 8/7/2007 (cbru, ). (Entered: 08/07/2007)
5902007-08-07 Additional Attachments to Main Document 589 MOTION in Limine to Exclude Testimony of Lisa Detter-Hoskin Att. 8-1. (Attachments: # 1 Exhibit Att. 8-2# 2 Exhibit Att. 9)(Buntin, J) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5912007-08-07 MOTION in Limine To Exclude The Expert Testimony Of John E. Slater by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support)No proposed order(Boyd, W) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5922007-08-07 Additional Attachments to Main Document 589 MOTION in Limine to Exclude Testimony of Lisa Detter-Hoskin Att. 10. (Attachments: # 1 Exhibit Att. 11# 2 Exhibit Att. 12# 3 Exhibit Att. 13# 4 Exhibit Att. 14# 5 Exhibit Att. 15# 6 Exhibit Att. 16# 7 Exhibit Att. 17# 8 Exhibit Att. 18# 9 Exhibit Att. 19)(Buntin, J) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5932007-08-07 MOTION in Limine to Exclude Expert Testimony of Jeffrey Schwenk by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 8/27/2007 (Attachments: # 1 Memo in Support # 2 Exhibit Attachment list# 3 Exhibit Att. 1# 4 Exhibit Att. 2# 5 Exhibit Att. 3# 6 Exhibit Att. 4# 7 Exhibit Att. 5# 8 Exhibit Att. 6)No proposed order(Reeves, Phillip) Modified docket text on 8/8/2007 (cbru, ). Additional attachments filed as entry #594 on 8/7/2007. (Entered: 08/07/2007)
5942007-08-07 Additional Attachments to Main Document 593 MOTION in Limine to Exclude Expert Testimony of Jeffrey Schwenk Attachment 7. (Attachments: # 1 Exhibit Att. 8# 2 Exhibit Att. 9# 3 Exhibit Att. 10# 4 Exhibit Att. 11)(Reeves, Phillip) Modified docket text on 8/8/2007 (cbru, ). (Entered: 08/07/2007)
5952007-08-08 ENTRY DELETED re 562 Deficiency Memo Corrected Filing Document Number: 565 Modified filing date to that of original filing: 8/6/2007 Response due date modified to that of original filing: 8/24/2007 (cbru, ) (Entered: 08/08/2007)
5962007-08-08 ENTRY DELETED re 563 Deficiency Memo Corrected Filing Document Number: 566 Modified filing date to that of original filing: 8/6/2007 Response due date modified to that of original filing: 8/24/2007 (cbru, ) (Entered: 08/08/2007)
5972007-08-08 ENTRY DELETED - Entries #567-569 deleted due to the fact that they were duplicates of entries #532-534. (cbru, ) (Entered: 08/08/2007)
5982007-08-08 DOCKET ANNOTATION - Relinked entries #532-534 from entry #530 (which was deleted per Deficiency Memo #563) to entry #566 (corrected entry). NO Correction by attorney required (cbru, ) (Entered: 08/08/2007)
5992007-08-08 ENTRY DELETED - Entry #587 deleted due to the fact that it was duplicate of entry #576. (cbru, ) (Entered: 08/08/2007)
6002007-08-08 NOTICE of Hearing on Motion 560 MOTION in Limine to Exclude the Expert Testimony of Robert Del Genio, 501 MOTION for Hearing (Evidentiary) MOTION for Hearing (Evidentiary), 550 MOTION for Leave to File Excess Pages for Memorandum in Support of Motion for Partial Summary Judgment (Operational Issues) MOTION for Leave to File Excess Pages for Memorandum in Support of Motion for Partial Summary Judgment (Operational Issues), 561 MOTION in Limine to Exclude the Expert Testimony of Dr. Oliver G. Wood, Jr., as Related to Compensatory Damages MOTION to Strike Avondale's Claim for Prejudgment Interest, 535 MOTION for Partial Summary Judgment as to Plaintiffs' Second and Third Causes of Action, 586 MOTION to Strike Avondale Expert Mary O'Rourke because of Discovery Obstruction, 593 MOTION in Limine to Exclude Expert Testimony of Jeffrey Schwenk, 585 MOTION in Limine to Exclude the Expert Testimony of George W. Pearsall, 571 MOTION for Partial Summary Judgment Regarding Defendants' Affirmative Defenses, 581 MOTION in Limine To Exclude Expert Testimony Of George Easton, 498 MOTION for Protective Order Regarding the Deposition of Mary O'Rourke, 536 MOTION for Summary Judgment on Lost Business Value Claim Due to Lack of Admissible and Sufficient Evidence of Avondale's Liquidation Value, 591 MOTION in Limine To Exclude The Expert Testimony Of John E. Slater, 538 MOTION in Limine to Exclude the Expert Testimony of Robert Taylor on Lost Business Value, 555 MOTION to Strike the Untimely Supplemental Interrogatory Responses of Plaintiff Avondale Mills, Inc., 573 MOTION for Partial Summary Judgment On Lack Of Duty To Unaffected Plants, 574 MOTION in Limine To Exclude The Expert Testimony of Van Allen May, 475 MOTION to Compel Complete Production of Documents Reviewed by Testifying Expert Harold V. Meyer, 558 MOTION in Limine to Exclude the Expert Testimony of Robert Taylor, 589 MOTION in Limine to Exclude Testimony of Lisa Detter-Hoskin, 578 MOTION in Limine to Exclude Testimony of Harold V. Meyer, 575 MOTION for Partial Summary Judgment as to Plaintiffs' Claims for Certain Property Damage and Remedial Expenses, 537 MOTION in Limine to Exclude Testimony of Robert Del Genio, 540 MOTION for Partial Summary Judgment (Non-Operational Issues) MOTION for Partial Summary Judgment (Non-Operational Issues), 584 MOTION for Partial Summary Judgment as to Plaintiffs' Claim for Repair and/or Replacement Cost, 570 MOTION for Partial Summary Judgment, 539 MOTION for Partial Summary Judgment, 572 MOTION for Partial Summary Judgment on Alleged Business Interruption Damages, 564 MOTION for Clarification Regarding Evidence of Excessive Speed, 583 MOTION in Limine to Exclude Certain Expert Opinions of Lloyd Crosthwait, 468 MOTION to Compel Production of Documents from Gibbs International Inc., 546 MOTION for Partial Summary Judgment As to Plaintiffs' Claim for Attorneys' and Consultant Fees, 551 MOTION for Partial Summary Judgment (Operational Issues) MOTION for Partial Summary Judgment (Operational Issues), 576 MOTION in Limine to Exclude Testimony of Mary T. O'Rourke, 566 MOTION for Partial Summary Judgment on "Consequential Damages", 548 MOTION for Summary Judgment to Preclude Double Recovery of Both Alleged Lost Business Value and Lost Profits ("Increased Costs") Damages MOTION for Summary Judgment to Preclude Double Recovery of Both Alleged Lost Business Value and Lost Profits ("Increased Costs") Damages, 565 MOTION for Partial Summary Judgment Concerning Plaintiffs' Claims for Workers' Compensation Payments as "Consequential Damages", 531 MOTION for Summary Judgment On Issues of Lost Business Value, 467 MOTION to Compel Avondale to Produce Certain Documents : Motion Hearing set for 9/7/2007 10:00 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (cbru, ) (Entered: 08/08/2007)
6012007-08-09 Additional Attachments to Main Document 501 MOTION for Hearing (Evidentiary) ML-39 1 of 2. (Attachments: # 1 Exhibit ML-39 2 of 2)(Boyd, W) Modified docket text and description of attachment on 8/10/2007 (cbru, ). (Entered: 08/09/2007)
6022007-08-10 ENTRY DELETED - Entry #521, 522 deleted. Wrong PDFs attached. Refiled correctly as entry #601. (cbru, ) (Entered: 08/10/2007)
6042007-08-10 Emergency MOTION for Extension of Time to File Response/Reply as to 591 MOTION in Limine To Exclude The Expert Testimony Of John E. Slater, 589 MOTION in Limine to Exclude Testimony of Lisa Detter-Hoskin, 574 MOTION in Limine To Exclude The Expert Testimony of Van Allen May, 581 MOTION in Limine To Exclude Expert Testimony Of George Easton, 593 MOTION in Limine to Exclude Expert Testimony of Jeffrey Schwenk, 583 MOTION in Limine to Exclude Certain Expert Opinions of Lloyd Crosthwait, 585 MOTION in Limine to Exclude the Expert Testimony of George W. Pearsall by Avondale Mills Incorporated.Response to Motion due by 8/30/2007 No proposed order(Richardson, Terry) Modified docket entry relationships on 8/14/2007 (cbru, ). (Entered: 08/10/2007)
6052007-08-14 DOCKET ANNOTATION - Removed linkages to Additional Attachment entries from entry #604. NO Correction by attorney required (cbru, ) (Entered: 08/14/2007)
6062007-08-15 RESPONSE in Opposition re 498 MOTION for Protective Order Regarding the Deposition of Mary O'Rourke Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 8/27/2007 (Attachments: # 1 Exhibit Att. 1)(Johnsen, Jennifer) (Entered: 08/15/2007)
6072007-08-17 ORDER granting 475 Motion to Compel. Norfolk Southerns motion to compel (Entry 475) is granted. Although Mr. Meyer reviewed documents at issue in his role as non-testifying consultant for Avondale Mills, any ambiguity as to the role played by the expert when reviewing or generating documents should be resolved in favor of the party seeking discovery. B.C.F. Oil Refining, Inc. v. Consolidated Edison Co. of N.Y., Inc., 171 F.R.D. 57, 62 (S.D.N.Y. 1997); see also JB v. ASARCO, Inc., 225 F.R.D. 258, 261-62 (N.D. Okla. 2004) (quoting Western Resources, Inc. v. Union Pac. Railroad Co., 2002 WL 181494 (D. Kan. 2002)); Lamonds v. Gen. Motors Corp., 180 F.R.D. 302, 306 (W.D. Va. 1998) (asking the court to determine whether an expert actually relied on work product documents involves exploration of the expert's mental processes and risks the creation of an unwieldy rule that would not provide certainty as to the protected status of work product materials.). Signed by Judge Margaret B Seymour on 8/17/2007.(mdea ) (Entered: 08/17/2007)
6082007-08-17 RESPONSE in Opposition re 604 Emergency MOTION for Extension of Time to File Response/Reply as to 591 MOTION in Limine To Exclude The Expert Testimony Of John E. Slater, 589 MOTION in Limine to Exclude Testimony of Lisa Detter-Hoskin, 574 MOTION in Limine To Exclude The Expert Testimony of Van Allen May, 581 MOTION in Limine To Exclude Expert Testimony Of George Easton, 593 MOTION in Limine to Exclude Expert Testimony of Jeffrey Schwenk, 583 MOTION in Limine to Exclude Certain Expert Opinions of Lloyd Crosthwait, 585 MOTION in Limine to Exclude the Expert Testimony of George W. Pearsall filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 8/27/2007 (Attachments: # 1 Exhibit Att. 1# 2 Exhibit Att. 2)(Tate, Ronald) Modified docket text on 8/20/2007 (cbru, ). (Entered: 08/17/2007)
6102007-08-17 MOTION for Hearing (Scheduling Conference) by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 9/7/2007 No proposed order(Boyd, W) (Entered: 08/17/2007)
6112007-08-20 Deficiency Memo re #609 MOTION for Hearing. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 8/21/2007. (cbru, ) (Entered: 08/20/2007)
6122007-08-17 MOTION for implementation of modified hearing schedule by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 9/7/2007 No proposed order(Tate, Ronald) Modified docket text and date filed on 8/21/2007 (cbru, ). (Entered: 08/20/2007)
6132007-08-20 REPLY to Response to Motion re 498 MOTION for Protective Order Regarding the Deposition of Mary O'Rourke Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit A)(Richardson, Terry) (Entered: 08/20/2007)
6142007-08-21 ENTRY DELETED re 611 Deficiency Memo Corrected Filing Document Number: 612 Modified filing date to that of original filing: 8/17/2007 Response due date modified to that of original filing: 9/7/2007 (cbru, ) (Entered: 08/21/2007)
6152007-08-21 RESPONSE in Opposition re 612 MOTION for implementation of modified hearing schedule Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 8/31/2007 (Richardson, Terry) (Entered: 08/21/2007)
6162007-08-21 RESPONSE in Opposition re 610 MOTION for Hearing (Scheduling Conference) Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 8/31/2007 (Attachments: # 1 Exhibit A# 2 Exhibit B)(Richardson, Terry) (Entered: 08/21/2007)
6172007-08-21 MOTION for Protective Order (Continued Fender Deposition) by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 9/10/2007 (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3# 5 Exhibit Att. 4)No proposed order(Johnsen, Jennifer) (Entered: 08/21/2007)
6182007-08-22 ORDER granting 550 Motion for Leave to File Excess Pages Signed by Judge Margaret B Seymour on 8/22/2007.(mdea ) (Entered: 08/22/2007)
6192007-08-22 ORDER granting 604 Motion for Extension of Time to File Response/Reply as to 591 MOTION in Limine To Exclude The Expert Testimony Of John E. Slater, Emergency MOTION for Extension of Time to File Response/Reply as to 591 MOTION in Limine To Exclude The Expert Testimony Of John E. Slater, Emergency MOTION for Extension of Time to File Response/Reply as to 591 MOTION in Limine To Exclude The Expert Testimony Of John E. Slater, Emergency MOTION for Extension of Time to File Response/Reply as to 591 MOTION in Limine To Exclude The Expert Testimony Of John E. Slater. Avondale Mills' motion for extension of time to respond to certain motions to exclude expert testimony (Entry 604) is granted; provided, however, that should Avondale Mills determine to utilize testimony or a report of an expert identified in the motion (Crosthwait, Detter-Hoskin, May, Easton, Pearsall, Slater, Schwenk) in opposing a dispositive motion, Avondale Mills shall thereupon respond to the corresponding motion to exclude expert testimony. Response to Motion due by 9/27/2007 Signed by Judge Margaret B Seymour on 8/22/2007.(mdea ) (Entered: 08/22/2007)
6202007-08-23 TEXT ORDER granting 501 Motion for Hearing; finding as moot 610 Motion for Hearing; finding as moot 612 Motion for implementation of modified hearing schedule: Norfolk Southern's motion for an evidentiary hearing (Entry 501) is granted as follows. The court will hold an evidentiary hearing on Avondale Mills' experts Del Genio, Raylor, O'Rourke, and Meyer on September 7, 2007. The court will hold a hearing on all dispositive motions on September 14 and 17, 2007. The court tentatively will schedule a pretrial conference for October 10, 2007. The court will notify the parties at a later date if it wishes to hear oral argument at the pretrial conference with respect to any motions still pending at that time. Norfolk Southern's motion for implementation of a modified hearing schedule (Entry 612) is denied as moot. Norfolk Southern's motion for a scheduling conference (Entry 610) is denied as moot. Signed by Judge Margaret B Seymour on 8/23/2007.(cbru, ) (Entered: 08/23/2007)
6212007-08-23 NOTICE of Cancellation of Hearing: Motion Hearing set for 9/7/2007 10:00 AM (cbru, ) (Entered: 08/23/2007)
6222007-08-23 NOTICE of Hearing:Evidentiary Hearing set for 9/7/2007 10:00 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (cbru, ) (Entered: 08/23/2007)
6232007-08-23 NOTICE of Hearing on Motion 535 MOTION for Partial Summary Judgment as to Plaintiffs' Second and Third Causes of Action, 571 MOTION for Partial Summary Judgment Regarding Defendants' Affirmative Defenses, 536 MOTION for Summary Judgment on Lost Business Value Claim Due to Lack of Admissible and Sufficient Evidence of Avondale's Liquidation Value, 573 MOTION for Partial Summary Judgment On Lack Of Duty To Unaffected Plants, 575 MOTION for Partial Summary Judgment as to Plaintiffs' Claims for Certain Property Damage and Remedial Expenses, 540 MOTION for Partial Summary Judgment (Non-Operational Issues), 584 MOTION for Partial Summary Judgment as to Plaintiffs' Claim for Repair and/or Replacement Cost, 570 MOTION for Partial Summary Judgment, 539 MOTION for Partial Summary Judgment, 572 MOTION for Partial Summary Judgment on Alleged Business Interruption Damages, 546 MOTION for Partial Summary Judgment As to Plaintiffs' Claim for Attorneys' and Consultant Fees, 551 MOTION for Partial Summary Judgment (Operational Issues), 566 MOTION for Partial Summary Judgment on "Consequential Damages", 548 MOTION for Summary Judgment to Preclude Double Recovery of Both Alleged Lost Business Value and Lost Profits ("Increased Costs") Damages, 565 MOTION for Partial Summary Judgment Concerning Plaintiffs' Claims for Workers' Compensation Payments as "Consequential Damages", 531 MOTION for Summary Judgment On Issues of Lost Business Value : Motion Hearing set for 9/14/2007 & 9/17/2007 10:00 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (cbru, ) (Entered: 08/23/2007)
6242007-08-23 NOTICE of Hearing:Pretrial Conference set for 10/10/2007 10:00 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (cbru, ) (Entered: 08/23/2007)
6252007-08-27 RESPONSE in Opposition re 537 MOTION in Limine to Exclude Testimony of Robert Del Genio Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Richardson, Terry) (Entered: 08/27/2007)
6262007-08-27 RESPONSE in Opposition re 561 MOTION in Limine to Exclude the Expert Testimony of Dr. Oliver G. Wood, Jr., as Related to Compensatory Damages MOTION to Strike Avondale's Claim for Prejudgment Interest Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4)(Richardson, Terry) (Entered: 08/27/2007)
6272007-08-27 RESPONSE in Opposition re 539 MOTION for Partial Summary Judgment, 564 MOTION for Clarification Regarding Evidence of Excessive Speed Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Kelly, Christopher) Modified to add docket entry relationship on 8/28/2007 (cbru, ). (Entered: 08/27/2007)
6282007-08-27 RESPONSE in Opposition re 560 MOTION in Limine to Exclude the Expert Testimony of Robert Del Genio Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1# 3 Exhibit 2)(Richardson, Terry) (Entered: 08/27/2007)
6292007-08-27 RESPONSE in Opposition re 574 MOTION in Limine To Exclude The Expert Testimony of Van Allen May Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1# 3 Exhibit 2)(Richardson, Terry) (Entered: 08/27/2007)
6302007-08-27 RESPONSE in Opposition re 558 MOTION in Limine to Exclude the Expert Testimony of Robert Taylor Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3)(Richardson, Terry) (Entered: 08/27/2007)
6312007-08-27 RESPONSE in Opposition re 570 MOTION for Partial Summary Judgment Re: Third Affirmative Defense Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3# 5 Exhibit Att. 4# 6 Exhibit Att. 5# 7 Exhibit Att. 6# 8 Exhibit Att. 7# 9 Exhibit Att. 8# 10 Exhibit Att. 9# 11 Exhibit Att. 10# 12 Exhibit Att. 11# 13 Exhibit Att. 12# 14 Exhibit Att. 13# 15 Exhibit Att. 14# 16 Exhibit Att. 15# 17 Exhibit Att. 16)(Tate, Ronald) (Entered: 08/27/2007)
6322007-08-27 Additional Attachments to Main Document 631 Response in Opposition to Motion Attachment 17. (Attachments: # 1 Exhibit Att. 18# 2 Exhibit Att. 19# 3 Exhibit Att. 20# 4 Exhibit Att. 21# 5 Exhibit Att. 22# 6 Exhibit Att. 23# 7 Exhibit Att. 24# 8 Exhibit Att. 25# 9 Exhibit Att. 26# 10 Exhibit Att. 27)(Tate, Ronald) Modified docket text on 8/28/2007 (cbru, ). (Entered: 08/27/2007)
6332007-08-27 RESPONSE in Opposition re 585 MOTION in Limine to Exclude the Expert Testimony of George W. Pearsall Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit Index# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5)(Richardson, Terry) (Entered: 08/27/2007)
6342007-08-27 RESPONSE in Opposition re 578 MOTION in Limine to Exclude Testimony of Harold V. Meyer Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1)(Richardson, Terry) (Entered: 08/27/2007)
6352007-08-27 RESPONSE in Opposition re 538 MOTION in Limine to Exclude the Expert Testimony of Robert Taylor on Lost Business Value Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Richardson, Terry) (Entered: 08/27/2007)
6362007-08-27 RESPONSE in Opposition re 555 MOTION to Strike the Untimely Supplemental Interrogatory Responses of Plaintiff Avondale Mills, Inc. Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1)(Richardson, Terry) (Entered: 08/27/2007)
6372007-08-27 MOTION for Leave to File Excess Pages by Avondale Mills Incorporated.Response to Motion due by 9/14/2007 No proposed order(Richardson, Terry) Modified docket text on 8/28/2007 (cbru, ). (Entered: 08/27/2007)
6382007-08-27 RESPONSE in Opposition re 591 MOTION in Limine To Exclude The Expert Testimony Of John E. Slater Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit Index# 2 Exhibit 1# 3 Exhibit 2)(Richardson, Terry) (Entered: 08/27/2007)
6392007-08-27 RESPONSE in Opposition re 581 MOTION in Limine To Exclude Expert Testimony Of George Easton Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1# 3 Exhibit 2)(Richardson, Terry) (Entered: 08/27/2007)
6402007-08-27 RESPONSE in Opposition re 535 MOTION for Partial Summary Judgment as to Plaintiffs' Second and Third Causes of Action Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit Index# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4)(Richardson, Terry) (Entered: 08/27/2007)
6412007-08-27 RESPONSE in Opposition re 566 MOTION for Partial Summary Judgment on "Consequential Damages" Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit Index# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13)(Richardson, Terry) Additional attachments filed as entry #642 on 8/27/2007 (cbru, ). (Entered: 08/27/2007)
6422007-08-27 Additional Attachments to Main Document 641 Response in Opposition to Motion Attachment 14. (Attachments: # 1 Exhibit 15# 2 Exhibit 16# 3 Exhibit 17# 4 Exhibit 18# 5 Exhibit 19# 6 Exhibit 20# 7 Exhibit 21# 8 Exhibit 22# 9 Exhibit 23# 10 Exhibit 24# 11 Exhibit 25# 12 Exhibit 26# 13 Exhibit 27# 14 Exhibit 28# 15 Exhibit 29# 16 Exhibit 30# 17 Exhibit 31# 18 Exhibit 32# 19 Exhibit 33# 20 Exhibit 34)(Richardson, Terry) Modified docket text and to add docket entry relationship on 8/28/2007 (cbru, ). (Entered: 08/27/2007)
6432007-08-27 RESPONSE in Opposition re 548 MOTION for Summary Judgment to Preclude Double Recovery of Both Alleged Lost Business Value and Lost Profits ("Increased Costs") Damages Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Richardson, Terry) Modified docket text on 8/28/2007 (cbru, ). (Entered: 08/27/2007)
6442007-08-27 RESPONSE in Opposition re 565 MOTION for Partial Summary Judgment Concerning Plaintiffs' Claims for Workers' Compensation Payments as "Consequential Damages" Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1)(Richardson, Terry) (Entered: 08/27/2007)
6452007-08-27 RESPONSE in Opposition re 546 MOTION for Partial Summary Judgment As to Plaintiffs' Claim for Attorneys' and Consultant Fees Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Richardson, Terry) (Entered: 08/27/2007)
6462007-08-27 RESPONSE in Opposition re 573 MOTION for Partial Summary Judgment On Lack Of Duty To Unaffected Plants Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4)(Richardson, Terry) (Entered: 08/27/2007)
6472007-08-27 RESPONSE in Opposition re 586 MOTION to Strike Avondale Expert Mary O'Rourke because of Discovery Obstruction Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1)(Richardson, Terry) (Entered: 08/27/2007)
6482007-08-27 RESPONSE in Opposition re 536 MOTION for Summary Judgment on Lost Business Value Claim Due to Lack of Admissible and Sufficient Evidence of Avondale's Liquidation Value Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1)(Richardson, Terry) (Entered: 08/27/2007)
6492007-08-27 RESPONSE in Opposition re 576 MOTION in Limine to Exclude Testimony of Mary T. O'Rourke Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4)(Richardson, Terry) (Entered: 08/27/2007)
6502007-08-27 MOTION for Clarificaiton & Modification re 620 Order on Motion for Hearing, Order on Motion for Miscellaneous Relief by Avondale Mills Incorporated.Response to Motion due by 9/14/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1)No proposed order(Richardson, Terry) Modified docket text and to add docket entry relationship on 8/28/2007 (cbru, ). (Entered: 08/27/2007)
6522007-08-27 RESPONSE in Opposition re 584 MOTION for Partial Summary Judgment as to Plaintiffs' Claim for Repair and/or Replacement Cost Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5)(Richardson, Terry) (Entered: 08/27/2007)
6532007-08-27 RESPONSE in Opposition re 571 MOTION for Partial Summary Judgment Regarding Defendants' Affirmative Defenses Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3# 5 Exhibit Att. 4# 6 Exhibit Att. 5# 7 Exhibit Att. 6# 8 Exhibit Att. 7# 9 Exhibit Att. 8# 10 Exhibit Att. 9# 11 Exhibit Att. 10)(Tate, Ronald) (Entered: 08/27/2007)
6542007-08-27 RESPONSE in Opposition re 593 MOTION in Limine to Exclude Expert Testimony of Jeffrey Schwenk Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1)(Richardson, Terry) (Entered: 08/27/2007)
6552007-08-27 RESPONSE in Opposition re 572 MOTION for Partial Summary Judgment on Alleged Business Interruption Damages Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Richardson, Terry) (Entered: 08/27/2007)
6562007-08-27 RESPONSE in Opposition re 583 MOTION in Limine to Exclude Certain Expert Opinions of Lloyd Crosthwait Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3)(Richardson, Terry) (Entered: 08/27/2007)
6572007-08-27 RESPONSE in Opposition re 531 MOTION for Summary Judgment On Issues of Lost Business Value Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit Lists# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3)(Richardson, Terry) (Entered: 08/27/2007)
6582007-08-27 RESPONSE in Opposition re 540 MOTION for Partial Summary Judgment (Non-Operational Issues) Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15# 17 Exhibit 16# 18 Exhibit 17# 19 Exhibit 18# 20 Exhibit 19)(Richardson, Terry) Modified docket text and description of attachments on 8/28/2007 (cbru, ). (Entered: 08/27/2007)
6602007-08-28 RESPONSE in Opposition re 575 MOTION for Partial Summary Judgment as to Plaintiffs' Claims for Certain Property Damage and Remedial Expenses Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/10/2007 (Richardson, Terry) Additional attachments filed as entry #675 on 8/29/2007 (cbru, ). (Entered: 08/28/2007)
6622007-08-28 MOTION for Extension of Time to File Response/Reply as to 575 MOTION for Partial Summary Judgment as to Plaintiffs' Claims for Certain Property Damage and Remedial Expenses, 551 MOTION for Partial Summary Judgment (Operational Issues) by Avondale Mills Incorporated.Response to Motion due by 9/17/2007 (Attachments: # 1 Exhibit Wood Declaration)No proposed order(Wood, Walter) Modified docket entry relationships on 8/28/2007 (cbru, ). (Entered: 08/28/2007)
6632007-08-28 DOCKET ANNOTATION - Entry #627 not linked to all corresponding entries. Correction made by the Clerk. NO Correction by attorney required (cbru, ) (Entered: 08/28/2007)
6642007-08-28 DOCKET ANNOTATION - Entry #642 not linked to corresponding entry. Correction made by the Clerk. NO Correction by attorney required (cbru, ) (Entered: 08/28/2007)
6652007-08-28 DOCKET ANNOTATION - Entry #650 not linked to corresponding entry. Correction made by the Clerk. NO Correction by attorney required (cbru, ) (Entered: 08/28/2007)
6662007-08-28 ENTRY DELETED - Entry #651 deleted due to the fact that it was a duplicate of entry #637. (cbru, ) (Entered: 08/28/2007)
6672007-08-28 Deficiency Memo re #659 Response in Opposition to Motion. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 8/29/2007. (cbru, ) (Entered: 08/28/2007)
6682007-08-28 Deficiency Memo re #661 RESPONSE in Opposition to Motion. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 8/29/2007. (cbru, ) (Entered: 08/28/2007)
6692007-08-28 DOCKET ANNOTATION - Entry #662 linked incorrectly. Correction made by the Clerk. NO Correction by attorney required (cbru, ) (Entered: 08/28/2007)
6702007-08-27 RESPONSE in Opposition re 589 MOTION in Limine to Exclude Testimony of Lisa Detter-Hoskin Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1)(Richardson, Terry) Modified date filed and Reply to Response to Motion due date on 8/29/2007 (cbru, ). (Entered: 08/28/2007)
6712007-08-27 RESPONSE in Opposition re 551 MOTION for Partial Summary Judgment (Operational Issues) Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/7/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15# 17 Exhibit 16# 18 Exhibit 17# 19 Exhibit 18# 20 Exhibit 19# 21 Exhibit 20# 22 Exhibit 21# 23 Exhibit 22# 24 Exhibit 23# 25 Exhibit 24)(Richardson, Terry) Modified date filed, Reply to Response to Motion due date, docket text, and description of attachments on 8/29/2007 (cbru, ). Additional Attachment filed as entry #738 on 9/13/2007 (cbru, ). (Entered: 08/28/2007)
6722007-08-29 ORDER granting 637 Motion for Leave to File Excess Pages; granting 662 Motion for Extension of Time to File Response/Reply as to 575 MOTION for Partial Summary Judgment as to Plaintiffs' Claims for Certain Property Damage and Remedial Expenses, 637 MOTION for Leave to File Excess Pages. Signed by Judge Margaret B Seymour on 8/28/2007.(mdea ) Modified docket text on 8/29/2007 (cbru, ). (Entered: 08/29/2007)
6732007-08-29 ENTRY DELETED re 667 Deficiency Memo Corrected Filing Document Number: 670 Modified filing date to that of original filing: 8/27/2007 Reply to Response due date modified to that of original filing: 9/7/2007 (cbru, ) (Entered: 08/29/2007)
6742007-08-29 ENTRY DELETED re 668 Deficiency Memo Corrected Filing Document Number: 671 Modified filing date to that of original filing: 8/27/2007 Response due date modified to that of original filing: 9/7/2007 (cbru, ) (Entered: 08/29/2007)
6752007-08-29 Additional Attachments to Main Document 660 Response in Opposition to Motion, Exhibit List. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 2A# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 5A# 8 Exhibit 6# 9 Exhibit 7# 10 Exhibit 8# 11 Exhibit 9# 12 Exhibit 10# 13 Exhibit 12# 14 Exhibit 15# 15 Exhibit 16# 16 Exhibit 17)(Richardson, Terry) Modified docket text on 8/30/2007 (cbru, ). (Entered: 08/29/2007)
6762007-08-29 RESPONSE in Opposition re 650 MOTION for Clarificaiton & Modification re 620 Order on Motion for Hearing, Order on Motion for Miscellaneous Relief Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 9/10/2007 (Attachments: # 1 Exhibit A)(Boyd, W) Modified docket text and description of attachment on 8/30/2007 (cbru, ). (Entered: 08/29/2007)
6772007-08-30 REPLY to Response to Motion re 650 MOTION for Clarificaiton & Modification re 620 Order on Motion for Hearing, Order on Motion for Miscellaneous Relief Response filed by Avondale Mills Incorporated. (Richardson, Terry) Modified docket text on 8/31/2007 (cbru, ). (Entered: 08/30/2007)
6782007-08-30 REPLY to Response to Motion re 565 MOTION for Partial Summary Judgment Concerning Plaintiffs' Claims for Workers' Compensation Payments as "Consequential Damages" Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Johnsen, Jennifer) (Entered: 08/30/2007)
6792007-08-30 REPLY to Response to Motion re 548 MOTION for Summary Judgment to Preclude Double Recovery of Both Alleged Lost Business Value and Lost Profits ("Increased Costs") Damages Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Johnsen, Jennifer) Modified docket text on 8/31/2007 (cbru, ). (Entered: 08/30/2007)
6802007-08-30 REPLY to Response to Motion re 536 MOTION for Summary Judgment on Lost Business Value Claim Due to Lack of Admissible and Sufficient Evidence of Avondale's Liquidation Value Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Tate, Ronald) (Entered: 08/30/2007)
6812007-08-31 REPLY to Response to Motion re 537 MOTION in Limine to Exclude Testimony of Robert Del Genio, 538 MOTION in Limine to Exclude the Expert Testimony of Robert Taylor on Lost Business Value Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att 1# 3 Exhibit Att 2# 4 Exhibit Att 3)(Boyd, W) (Entered: 08/31/2007)
6822007-08-31 REPLY to Response to Motion re 560 MOTION in Limine to Exclude the Expert Testimony of Robert Del Genio Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Boyd, W) Modified docket text on 9/4/2007 (cbru, ). (Entered: 08/31/2007)
6832007-08-31 REPLY to Response to Motion re 573 MOTION for Partial Summary Judgment On Lack Of Duty To Unaffected Plants Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Boyd, W) (Entered: 08/31/2007)
6842007-08-31 Additional Attachments to Main Document 540 MOTION for Partial Summary Judgment (Non-Operational Issues) Affidavit of Gary Sharp. (Kelly, Christopher) Modified docket text on 9/4/2007 (cbru, ). (Entered: 08/31/2007)
6852007-08-31 REPLY to Response to Motion re 564 MOTION for Clarification Regarding Evidence of Excessive Speed, 539 MOTION for Partial Summary Judgment Response filed by Avondale Mills Incorporated. (Richardson, Terry) (Entered: 08/31/2007)
6872007-08-31 REPLY to Response to Motion re 535 MOTION for Partial Summary Judgment as to Plaintiffs' Second and Third Causes of Action Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3# 5 Exhibit Att. 4# 6 Exhibit Att. 5)(Tate, Ronald) (Entered: 08/31/2007)
6892007-08-31 REPLY to Response to Motion re 558 MOTION in Limine to Exclude the Expert Testimony of Robert Taylor Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1)(Boyd, W) Modified docket text on 9/4/2007 (cbru, ). (Entered: 08/31/2007)
6902007-08-31 REPLY to Response to Motion re 581 MOTION in Limine To Exclude Expert Testimony Of George Easton Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1)(Tate, Ronald) Modified docket text on 9/4/2007 (cbru, ). (Entered: 08/31/2007)
6912007-08-31 MOTION for Leave to File Excess Pages for reply brief in support of motion for partial summary judgment-non-operational issues by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 9/20/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Kelly, Christopher) (Entered: 08/31/2007)
6922007-08-31 REPLY to Response to Motion re 593 MOTION in Limine to Exclude Expert Testimony of Jeffrey Schwenk Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Tate, Ronald) Modified docket text on 9/4/2007 (cbru, ). (Entered: 08/31/2007)
6932007-08-31 REPLY to Response to Motion re 540 MOTION for Partial Summary Judgment (Non-Operational Issues) Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (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)(Kelly, Christopher) Modified docket text on 9/4/2007 (cbru, ). (Entered: 08/31/2007)
6942007-08-31 MOTION for Leave to File Excess Pages for Reply Brief in Support of Motion for Partial Summary Judgment-Operational Issues by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 9/20/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Kelly, Christopher) (Entered: 08/31/2007)
6952007-08-31 REPLY to Response to Motion re 551 MOTION for Partial Summary Judgment (Operational Issues) Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3# 4 Exhibit A-4# 5 Exhibit A-5# 6 Exhibit A-6# 7 Exhibit A-7# 8 Exhibit A-8# 9 Exhibit A-9# 10 Exhibit A-10# 11 Exhibit A-11)(Kelly, Christopher) Modified docket text and description of attachmenton 9/4/2007 (cbru, ). Additional attachments filed as entry #696 on 8/31/2007. (Entered: 08/31/2007)
6962007-08-31 Additional Attachments to Main Document 695 Reply to Response to Motion Exhibit List. (Attachments: # 1 Exhibit A-12# 2 Exhibit A-13# 3 Exhibit A-14# 4 Exhibit A-15# 5 Exhibit A-16# 6 Exhibit A-17# 7 Exhibit B-1# 8 Exhibit B-2# 9 Exhibit B-3# 10 Exhibit B-4# 11 Exhibit B-5# 12 Exhibit B-6)(Kelly, Christopher) Modified docket text on 9/4/2007 (cbru, ). (Entered: 08/31/2007)
6972007-08-31 REPLY to Response to Motion re 566 MOTION for Partial Summary Judgment on "Consequential Damages" Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Attachment 1# 3 Exhibit Attachment 2# 4 Exhibit Attachment 3# 5 Exhibit Attachment 4# 6 Exhibit Attachment 5# 7 Exhibit Attachment 6# 8 Exhibit Attachment 7# 9 Exhibit Attachment 8# 10 Exhibit Attachment 9# 11 Exhibit Attachment 10)(Reeves, Phillip) (Entered: 08/31/2007)
6982007-08-31 REPLY to Response to Motion re 571 MOTION for Partial Summary Judgment Regarding Defendants' Affirmative Defenses Response filed by Avondale Mills Incorporated. (Richardson, Terry) (Entered: 08/31/2007)
6992007-08-31 REPLY to Response to Motion re 531 MOTION for Summary Judgment On Issues of Lost Business Value Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3)(Boyd, W) (Entered: 08/31/2007)
7002007-08-31 REPLY to Response to Motion re 583 MOTION in Limine to Exclude Certain Expert Opinions of Lloyd Crosthwait Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Attachment 1# 3 Exhibit Attachment 2)(Tate, Ronald) (Entered: 08/31/2007)
7012007-08-31 REPLY to Response to Motion re 572 MOTION for Partial Summary Judgment on Alleged Business Interruption Damages Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Boyd, W) (Entered: 08/31/2007)
7022007-08-31 REPLY to Response to Motion re 589 MOTION in Limine to Exclude Testimony of Lisa Detter-Hoskin Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Tate, Ronald) (Entered: 08/31/2007)
7032007-08-31 REPLY to Response to Motion re 546 MOTION for Partial Summary Judgment As to Plaintiffs' Claim for Attorneys' and Consultant Fees Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Attachment 1)(Johnsen, Jennifer) (Entered: 08/31/2007)
7042007-08-31 REPLY to Response to Motion re 574 MOTION in Limine To Exclude The Expert Testimony of Van Allen May Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Boyd, W) Modified docket text on 9/4/2007 (cbru, ). (Entered: 08/31/2007)
7052007-08-31 REPLY to Response to Motion re 578 MOTION in Limine to Exclude Testimony of Harold V. Meyer Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Reeves, Phillip) (Entered: 08/31/2007)
7062007-08-31 REPLY to Response to Motion re 575 MOTION for Partial Summary Judgment as to Plaintiffs' Claims for Certain Property Damage and Remedial Expenses Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1)(Tate, Ronald) (Entered: 08/31/2007)
7072007-08-31 REPLY to Response to Motion re 561 MOTION in Limine to Exclude the Expert Testimony of Dr. Oliver G. Wood, Jr., as Related to Compensatory Damages MOTION to Strike Avondale's Claim for Prejudgment Interest Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1)(Boyd, W) (Entered: 08/31/2007)
7082007-08-31 REPLY to Response to Motion re 576 MOTION in Limine to Exclude Testimony of Mary T. O'Rourke Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit Attachment List# 2 Exhibit Att 1# 3 Exhibit Att 2)(Johnsen, Jennifer) (Entered: 08/31/2007)
7092007-08-31 REPLY to Response to Motion re 584 MOTION for Partial Summary Judgment as to Plaintiffs' Claim for Repair and/or Replacement Cost Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Attachment 1# 3 Exhibit Attachment 2# 4 Exhibit Attachment 3# 5 Exhibit Attachment 4)(Reeves, Phillip) (Entered: 08/31/2007)
7102007-08-31 REPLY to Response to Motion re 585 MOTION in Limine to Exclude the Expert Testimony of George W. Pearsall Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Tate, Ronald) (Entered: 08/31/2007)
7112007-08-31 REPLY to Response to Motion re 591 MOTION in Limine To Exclude The Expert Testimony Of John E. Slater Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Tate, Ronald) Modified docket text on 9/4/2007 (cbru, ). (Entered: 08/31/2007)
7122007-08-31 REPLY to Response to Motion re 586 MOTION to Strike Avondale Expert Mary O'Rourke because of Discovery Obstruction Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit Attachment List# 2 Exhibit Att 1)(Johnsen, Jennifer) (Entered: 08/31/2007)
7132007-09-04 Deficiency Memo re #686 Withdrawal of Motions. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 9/5/2007. (cbru, ) (Entered: 09/04/2007)
7142007-08-31 MOTION to Withdraw 539 MOTION for Partial Summary Judgment by Avondale Mills Incorporated.Response to Motion due by 9/20/2007 No proposed order(Richardson, Terry) Modified date filed and Response to Motion due date on 9/4/2007 (cbru, ). (Entered: 09/04/2007)
7152007-09-04 ENTRY DELETED re 713 Deficiency Memo Corrected Filing Document Number: 714 Modified filing date to that of original filing: 8/31/2007 Response due date modified to that of original filing: 9/20/2007 (cbru, ) (Entered: 09/04/2007)
7162007-09-04 ORDER granting 694 Motion for Leave to File Excess Pages Signed by Judge Margaret B Seymour on 9/4/2007.(mdea ) (Entered: 09/04/2007)
7172007-09-04 ORDER granting 691 Motion for Leave to File Excess Pages Signed by Judge Margaret B Seymour on 9/4/2007.(mdea ) (Entered: 09/04/2007)
7182007-09-04 RESPONSE in Opposition re 617 MOTION for Protective Order (Continued Fender Deposition) Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 9/14/2007 (Attachments: # 1 Exhibit Index# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3)(Richardson, Terry) Modified docket text on 9/5/2007 (cbru, ). (Entered: 09/04/2007)
7192007-09-05 ORDER denying 498 Motion for Protective Order. Plaintiff's motion for protective order is denied as follows. The deposition of Mary O'Rourke may be reopened for a period of no longer than two hours. Plaintiff may assert standard objections, but may not assert objections that a question is outside the scope of the court's ruling. Signed by Judge Margaret B Seymour on 9/4/2007.(mdea ) (Entered: 09/05/2007)
7202007-09-05 MOTION to Withdraw 467 MOTION to Compel Avondale to Produce Certain Documents by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 9/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Johnsen, Jennifer) (Entered: 09/05/2007)
7212007-09-05 MOTION to Withdraw 468 MOTION to Compel Production of Documents from Gibbs International Inc. by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 9/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Johnsen, Jennifer) (Entered: 09/05/2007)
7222007-09-05 REPLY to Response to Motion re 570 MOTION for Partial Summary Judgment Response filed by Factory Mutual Insurance Company. (Attachments: # 1 Exhibit 1)(Logan, James) (Entered: 09/05/2007)
7242007-09-07 REPLY to Response to Motion re 617 MOTION for Protective Order (Continued Fender Deposition) Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments# 2 Exhibit Att. 1# 3 Exhibit Att. 2# 4 Exhibit Att. 3)(Kelly, Christopher) Modified docket text on 9/10/2007 (cbru, ). (Entered: 09/07/2007)
7252007-09-07 Minute Entry. Proceedings held before Judge Margaret B Seymour : denying 558 Motion in Limine; denying 560 Motion in Limine; denying 576 Motion in Limine; denying 578 Motion in Limine; granting 588 Motion to Seal; granting 714 Motion to Withdraw ; granting 720 Motion to Withdraw ; granting 721 Motion to Withdraw ; Evidentiary Hearing held on 9/7/2007. Exhibits returned to introducing parties. Court Reporter Dan Mayo. (mdea ) (Entered: 09/10/2007)
7262007-09-07 Exhibit List for 9/7/2007 Daubert hearing. (mdea, ) (Entered: 09/10/2007)
7282007-09-11 ORDER granting motion #720 to withdraw MOTION #467 to Compel Avondale to Produce Certain Documents filed by Norfolk Southern Railway Company, Norfolk Southern Corporation (previously granted by oral order at 9/7/2007 evidentiary hearing). Signed by Judge Margaret B Seymour on 9/10/2007. (mdea ) (Entered: 09/11/2007)
7292007-09-11 ORDER granting motion #721 to withdraw MOTION #468 to Compel Production of Documents from Gibbs International Inc. filed by Norfolk Southern Railway Company, Norfolk Southern Corporation (previously granted by oral order at 9/7/2007 evidentiary hearing). Signed by Judge Margaret B Seymour on 9/10/2007. (mdea ) (Entered: 09/11/2007)
7302007-09-11 ORDER denying 537 Motion in Limine; denying 538 Motion in Limine with leave to reassert both motions at a later date should it be appropriate to do so. Signed by Judge Margaret B Seymour on 9/10/2007.(mdea ) (Entered: 09/11/2007)
7312007-09-11 ORDER denying 586 Motion to Strike ; granting 617 Motion for Protective Order. Signed by Judge Margaret B Seymour on 9/10/2007.(mdea ) (Entered: 09/11/2007)
7322007-09-11 ORDER With respect to the hearings scheduled for September 14 and 17, the parties are instructed not to resubmit exhibits that already are part of the electronic record and that have been provided to the court in the form of courtesy copies. The parties shall provide the court no later than noon on Thursday, September 13, with a list of exhibits they will be relying on during the hearings. Any exhibits submitted during the hearings should be pre-marked with exhibit stickers and numbers. Signed by Judge Margaret B Seymour on 9/11/2007. (mdea ) (Entered: 09/11/2007)
7332007-09-11 ORDER denying 555 Motion to Strike. Signed by Judge Margaret B Seymour on 9/11/2007.(mdea ) (Entered: 09/11/2007)
7342007-09-11 ORDER re 76 Scheduling Order for failure to file Rule 26(a)(3) Pretrial Disclosures. Rule 26(a)(3) Disclosures due by 10/4/2007. Signed by Judge Margaret B Seymour on 9/11/2007. (mdea ) (Entered: 09/11/2007)
7352007-09-11 NOTICE OF RESCHEDULED HEARING motion hearing set for 9/14/2007 at 10:00 AM cancelled and rescheduled to: Motion Hearing set for 9/14/2007 09:30 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (mdea ) (Entered: 09/11/2007)
7362007-09-11 Order vacating 734 Order re 76 Scheduling Order. Based on the court's May 16, 2007 order extending deadlines for 60 days (Entry 421), the remaining deadlines in this case are as follows: Records Custodian Affidavit due by October 1, 2007. Rule 26(a)(3) Disclosures due by November 5, 2007. Mediation due by October 1, 2007. This case is subject to being called for trial on or after December 4, 2007. The pretrial conference scheduled for October 10, 2007 remains in place. Signed by Judge Margaret B Seymour on 9/11/2007. (mdea ) (Entered: 09/11/2007)
7382007-09-13 Additional Attachments to Main Document 671 Response in Opposition to Motion,,, Exhibit 22 (corrected). (Richardson, Terry) (Entered: 09/13/2007)
7392007-09-14 Minute Entry. Proceedings held before Judge Margaret B Seymour : denying 531 Motion for Summary Judgment; denying 536 Motion for Summary Judgment; denying 548 Motion for Summary Judgment; denying 566 Motion for Partial Summary Judgment; denying 570 Motion for Partial Summary Judgment; denying 572 Motion for Partial Summary Judgment; denying 573 Motion for Partial Summary Judgment; Motion Hearing held on 9/14/2007 re 548 MOTION for Summary Judgment to Preclude Double Recovery of Both Alleged Lost Business Value and Lost Profits ("Increased Costs") Damages MOTION for Summary Judgment to Preclude Double Recovery of Both Alleged Lost Business Value and Lost Profits ("Increased Costs") Damages filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 566 MOTION for Partial Summary Judgment on "Consequential Damages" filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 572 MOTION for Partial Summary Judgment on Alleged Business Interruption Damages filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 570 MOTION for Partial Summary Judgment filed by Factory Mutual Insurance Company, 536 MOTION for Summary Judgment on Lost Business Value Claim Due to Lack of Admissible and Sufficient Evidence of Avondale's Liquidation Value filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 573 MOTION for Partial Summary Judgment On Lack Of Duty To Unaffected Plants filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 531 MOTION for Summary Judgment On Issues of Lost Business Value filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. Court is in recess until 9/17/2007 at 9:30 am. Court Reporter Dan Mayo. (mdea ) (Entered: 09/14/2007)
7402007-09-17 Minute Entry. Proceedings held before Judge Margaret B Seymour : granting 535 Motion for Partial Summary Judgment; granting in part as to negligent retention claims and negligent training claims, and denying in part as to violation of Hours of Service Act 540 Motion for Partial Summary Judgment with leave to reraise punitive damages issue at the proper time; denying 546 Motion for Partial Summary Judgment with leave to reassert at such time as it may be appropriate; granting 551 Motion for Partial Summary Judgment; denying 561 Motion in Limine; denying 561 Motion to Strike ; finding as moot 564 Motion for clarification regarding evidence of excessive speed ; granting 565 Motion for Partial Summary Judgment; finding as moot 571 Motion for Partial Summary Judgment as parties have resolved; denying 575 Motion for Partial Summary Judgment; denying 584 Motion for Partial Summary Judgment. Motion Hearing held on 9/17/2007 re 584 MOTION for Partial Summary Judgment as to Plaintiffs' Claim for Repair and/or Replacement Cost filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 575 MOTION for Partial Summary Judgment as to Plaintiffs' Claims for Certain Property Damage and Remedial Expenses filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 546 MOTION for Partial Summary Judgment as to Plaintiffs' Claim for Attorneys' and Consultant Fees filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 535 MOTION for Partial Summary Judgment as to Plaintiffs' Second and Third Causes of Action filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 565 MOTION for Partial Summary Judgment Concerning Plaintiffs' Claims for Workers' Compensation Payments as "Consequential Damages" filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 561 MOTION in Limine to Exclude the Expert Testimony of Dr. Oliver G. Wood, Jr., as Related to Compensatory Damages MOTION to Strike Avondale's Claim for Prejudgment Interest filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 551 MOTION for Partial Summary Judgment (Operational Issues) MOTION for Partial Summary Judgment (Operational Issues) filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 540 MOTION for Partial Summary Judgment (Non-Operational Issues) MOTION for Partial Summary Judgment (Non-Operational Issues) filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. Parties to submit consent order re: 571 motion to strike affirmative defenses. Court Reporter Dan May. (mdea ) (Entered: 09/18/2007)
7422007-09-27 TRANSCRIPT (Unredacted) of motion hearing held on September 7, 2007 before Judge Margaret B. Seymour. Court Reporter/Transcriber: Dan Mayo. (dmayo, ) (Entered: 09/27/2007)
7432007-10-01 TEXT ORDER: Norfolk has requested oral arguments on the remaining Daubert motions. The request is granted and arguments will be heard during the pretrial conference. Each party shall have 90 minutes to present arguments. The parties also are instructed to inform the court by email or facsimile of specific issues they request the court to address at the pretrial conference in addition to scheduling a trial date. Signed by Judge Margaret B Seymour on 10/1/2007. (cbru, ) (Entered: 10/01/2007)
7442007-10-01 AFFIDAVIT of Records Custodian by Belfor USA Group Inc by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Affidavit Declaration of Dr. Helmut Fuchs, Belfor USA Group, Inc.)(Johnsen, Jennifer) Modified docket text on 10/2/2007 (cbru, ). (Entered: 10/01/2007)
7452007-10-01 AFFIDAVIT of Records Custodian by Purafil, Inc. by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Affidavit William G. England, Purafil, Inc.)(Johnsen, Jennifer) Modified docket text on 10/2/2007 (cbru, ). (Entered: 10/01/2007)
7462007-10-01 AFFIDAVIT of Records Custodian by VF Corp by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Affidavit George D. Irion, VF Corp.)(Johnsen, Jennifer) Modified docket text on 10/2/2007 (cbru, ). (Entered: 10/01/2007)
7472007-10-01 AFFIDAVIT of Records Custodian by Wachovia Capital Markets, LLC by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Affidavit Charles Dee O'Dell, II, Wachovia Capital Markets, LLC)(Johnsen, Jennifer) Modified docket text on 10/2/2007 (cbru, ). (Entered: 10/01/2007)
7482007-10-01 AFFIDAVIT of Records Custodian by Cintas Corp by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Affidavit Glenn W. Larsen, Cintas Corp.)(Johnsen, Jennifer) Modified docket text on 10/2/2007 (cbru, ). (Entered: 10/01/2007)
7502007-10-01 AFFIDAVIT of Records Custodian by CIT Group, Inc by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Affidavit Charles S. Biener, CIT Group, Inc.)(Johnsen, Jennifer) Modified docket text on 10/2/2007 (cbru, ). (Entered: 10/01/2007)
7512007-10-01 AFFIDAVIT of Records Custodian by Flynn Enterprises, LLC by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Affidavit Patricia Wagoner, Flynn Enterprises, LLC)(Johnsen, Jennifer) Modified docket text on 10/2/2007 (cbru, ). (Entered: 10/01/2007)
7522007-10-01 AFFIDAVIT of Records Custodian by PricewaterhouseCoopers, LLP by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Affidavit Jody Ozaki, PricewaterhouseCoopers, LLP)(Johnsen, Jennifer) Modified docket text on 10/2/2007 (cbru, ). (Entered: 10/01/2007)
7532007-10-01 AFFIDAVIT of Records Custodian by Credit Suisse Securities, LLC by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Affidavit Kathrin Mahgerefteh, Credit Suisse Securities, LLC)(Johnsen, Jennifer) Modified docket text on 10/2/2007 (cbru, ). (Entered: 10/01/2007)
7542007-10-01 AFFIDAVIT of Records Custodian by GE Commercial Finance by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Affidavit Patricia Thompson, GE Commercial Finance)(Johnsen, Jennifer) Modified docket text on 10/2/2007 (cbru, ). (Entered: 10/01/2007)
7612007-10-01 MOTION for Clarification re 740 Order on Motion for Partial Summary Judgment,Order on Motion in Limine, Order on Motion to Strike, Order on Motion for Miscellaneous Relief by Avondale Mills Incorporated.Response to Motion due by 10/19/2007 No proposed order(Richardson, Terry) Modified docket text on 10/2/2007 (cbru, ). (Entered: 10/01/2007)
7622007-10-01 AFFIDAVIT of Records Custodian by Imperial Capital, LLC by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Affidavit Mary Glibert, Imperial Capital, LLC)(Johnsen, Jennifer) Modified docket text on 10/2/2007 (cbru, ). (Entered: 10/01/2007)
7632007-10-02 Deficiency Memo re #749 MOTION for Reconsideration. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 10/3/2007. (cbru, ) (Entered: 10/02/2007)
7642007-10-02 Deficiency Memo re #755-760 AFFIDAVIT of Records Custodian. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 10/3/2007. (cbru, ) (Entered: 10/02/2007)
7652007-10-01 MOTION for Clarification re 740 Order on Motion for Partial Summary Judgment,Order on Motion in Limine, Order on Motion to Strike, Order on Motion for Miscellaneous Relief by Avondale Mills Incorporated.Response to Motion due by 10/19/2007 (Attachments: # 1 Exhibit List# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3)No proposed order(Richardson, Terry) Modified date filed, docket text, and Response to Motion due date on 10/3/2007 (cbru, ). Additional attachments filed as entry #882 on 11/7/2007 (mdea, ). (Entered: 10/02/2007)
7662007-10-01 AFFIDAVIT of Records Custodian by Avondale Mills, Inc by Avondale Mills Incorporated. (Attachments: # 1 Affidavit Jack R. Altherr, Jr., of Avondale Mills, Inc.# 2 Exhibit A)(Richardson, Terry) Modified date filed and docket text on 10/3/2007 (cbru, ). (Entered: 10/02/2007)
7672007-10-01 AFFIDAVIT of Records Custodian by City of Aiken Department of Public Safety by Avondale Mills Incorporated. (Attachments: # 1 Affidavit Jesse Edwin George, III, of City of Aiken Department of Public Safety# 2 Exhibit Certification# 3 Exhibit A)(Richardson, Terry) Modified date filed and docket text on 10/3/2007 (cbru, ). (Entered: 10/02/2007)
7682007-10-01 AFFIDAVIT of Records Custodian by Disaster Services, Inc by Avondale Mills Incorporated. (Attachments: # 1 Affidavit Albert H. Dallas, of Disaster Services, Inc.# 2 Exhibit A)(Richardson, Terry) Modified date filed and docket text on 10/3/2007 (cbru, ). (Entered: 10/02/2007)
7692007-10-01 AFFIDAVIT of Records Custodian by Boiler Efficiency, Inc by Avondale Mills Incorporated. (Attachments: # 1 Affidavit Thomas L. Moore, of Boiler Efficiency, Inc.# 2 Exhibit A)(Richardson, Terry) Modified date filed and docket text on 10/3/2007 (cbru, ). (Entered: 10/02/2007)
7702007-10-01 AFFIDAVIT of Records Custodian by ADel Star Metal Finishing, Inc by Avondale Mills Incorporated. (Attachments: # 1 Affidavit Calvin Riggs, of Del Star Metal Finishing, Inc.# 2 Exhibit A)(Richardson, Terry) Modified date filed and docket text on 10/3/2007 (cbru, ). (Entered: 10/02/2007)
7712007-10-01 AFFIDAVIT of Records Custodian by S.C. Department of Health & Environmental Control by Avondale Mills Incorporated. (Attachments: # 1 Affidavit Michael Spradlin, of S.C. Department of Health & Environmental Control# 2 Exhibit Certification# 3 Exhibit A)(Richardson, Terry) Modified date filed and docket text on 10/3/2007 (cbru, ). (Entered: 10/02/2007)
7722007-10-02 AFFIDAVIT of Records Custodian by South Carolina Forestry Commission by Avondale Mills Incorporated. (Attachments: # 1 Affidavit Laurie Reid Dukes, of South Carolina Forestry Commission)(Richardson, Terry) Modified docket text on 10/3/2007 (cbru, ). (Entered: 10/02/2007)
7732007-10-02 AFFIDAVIT of Records Custodian by Aiken County Sheriff's Office by Avondale Mills Incorporated. (Attachments: # 1 Affidavit George Burgess, of Aiken County Sheriff's Office)(Richardson, Terry) Modified docket text on 10/3/2007 (cbru, ). (Entered: 10/02/2007)
7742007-10-03 ENTRY DELETED re 763 Deficiency Memo Corrected Filing Document Number: 765 Modified filing date to that of original filing: 10/1/2007 Response due date modified to that of original filing: 10/19/2007 (cbru, ) (Entered: 10/03/2007)
7752007-10-03 ENTRY DELETED re 764 Deficiency Memo Corrected Filing Document Number: 766-771 Modified filing date to that of original filing: 10/1/2007 (cbru, ) (Entered: 10/03/2007)
7782007-10-04 MOTION Motion to make the exhibits from the Daubert hearing part of the record by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 10/22/2007 No proposed order(Reeves, Phillip) (Entered: 10/04/2007)
7792007-10-04 MOTION to Bifurcate the Issues of Amount of Compensatory Damages and Liability for Punitive Damages by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 10/22/2007 (Attachments: # 1 Memo in Support # 2 Exhibit List# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J) No proposed order(Boyd, W) Modified text on 10/5/2007 (mdea, ). (Entered: 10/04/2007)
7802007-10-05 TRANSCRIPT (Unredacted) of motions hearing held on September 14, 2007 before Judge Margaret B. Seymour. Court Reporter/Transcriber: Dan Mayo. (dmayo, ) (Entered: 10/05/2007)
7812007-10-05 Deficiency Memo entry #776, motion to transfer case, See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 10/9/2007. (mdea ) (Entered: 10/05/2007)
7822007-10-05 Deficiency Memo entry #777, motion to continue and allow further discovery, See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 10/9/2007. (mdea ) Modified text on 10/5/2007 (mdea, ). (Entered: 10/05/2007)
7842007-10-05 DOCKET ANNOTATION - NO Correction by attorney required. Entry #779 modified to remove extraneous and repetitive descriptions of attachments. (mdea ) (Entered: 10/05/2007)
7852007-10-05 Deficiency Memo entry #783, motion to transfer case, See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 10/9/2007. (mdea ) (Entered: 10/05/2007)
7862007-10-05 ENTRY #786 DELETED to allow filer to re-file pursuant to directions on deficiency memo #785. (mdea ) (Entered: 10/05/2007)
7872007-10-04 MOTION to Transfer Case, MOTION to impanel a jury from Area B by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 10/25/2007 (Attachments: # 1 Exhibit Attachment 1)No proposed order(Reeves, Phillip) Modified filing date on 10/5/2007 (mdea, ). (Entered: 10/05/2007)
7882007-10-04 MOTION for Discovery Concerning Avondale's Final Liquidation Value, MOTION to Continue Modify Trial-Ready Date by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 10/25/2007 (Attachments: # 1 Memo in Support Motion to Modify Trial-Ready Date and Allow Further Discovery Concerning Avondale's Final Liquidation Value# 2 Exhibit List of Attachments# 3 Exhibit Att. 1# 4 Exhibit Att. 2# 5 Exhibit Att. 3# 6 Exhibit Att. 4# 7 Exhibit Att. 5# 8 Exhibit Att. 6)No proposed order(Boyd, W) Modified filing date on 10/5/2007 (mdea, ). (Entered: 10/05/2007)
7892007-10-05 ENTRY DELETED re 781 Deficiency Memo, 785 Deficiency Memo Corrected Filing Document Number: 787. Modified filing date to that of original filing: 10/4/2007 (mdea ) (Entered: 10/05/2007)
7902007-10-05 ENTRY DELETED re 782 Deficiency Memo, Corrected Filing Document Number: 788. Modified filing date to that of original filing: 10/4/2007 (mdea ) (Entered: 10/05/2007)
7912007-10-08 RESPONSE in Opposition re 765 MOTION for Clarification re 740 Order on Motion for Partial Summary Judgment,Order on Motion in Limine, Order on Motion to Strike, Order on Motion for Miscellaneous Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 10/18/2007 (Kelly, Christopher) Modified docket text on 10/9/2007 (cbru, ). (Entered: 10/08/2007)
7922007-10-08 RESPONSE in Opposition re 761 MOTION for Clarification re 740 Order on Motion for Partial Summary Judgment, Order on Motion in Limine, Order on Motion to Strike, Order on Motion for Miscellaneous Relief Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 10/18/2007 (Kelly, Christopher) Modified docket text on 10/9/2007 (cbru, ). (Entered: 10/08/2007)
7932007-10-09 RESPONSE in Opposition re 788 MOTION for Discovery Concerning Avondale's Final Liquidation Value MOTION to Continue Modify Trial-Ready Date Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 10/19/2007 (Richardson, Terry) (Entered: 10/09/2007)
7952007-10-09 TRANSCRIPT (Unredacted) of motions hearing held on September 17, 2007 before Judge Margaret B. Seymour. Court Reporter/Transcriber: Dan Mayo. (dmayo, ) (Entered: 10/09/2007)
7962007-10-10 Deficiency Memo re #794 RESPONSE in Opposition to Motion. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 10/11/2007. (cbru, ) (Entered: 10/10/2007)
7972007-10-09 RESPONSE in Opposition re 787 MOTION to Transfer Case MOTION to impanel a jury from Area B Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 10/19/2007 (Richardson, Terry) Modified date filed and Reply to Response to Motion due date on 10/11/2007 (cbru, ). (Entered: 10/10/2007)
7982007-10-11 ENTRY DELETED re 796 Deficiency Memo Corrected Filing Document Number: 797 Modified filing date to that of original filing: 10/9/2007 Reply to Response due date modified to that of original filing: 10/19/2007 (cbru, ) (Entered: 10/11/2007)
7992007-10-10 Minute Entry. Proceedings held before Judge Margaret B Seymour : granting 778 Motion to make exhibts from Daubert hearing part of the record- parties are directed to e-file; granting 787 Motion to Transfer Trial of Case to Columbia; denying 787 Motion to impanel a jury from Area B; granting 788 Motion for Discovery; granting 788 Motion to Continue; Motion Hearing held on 10/10/2007 re 591 MOTION in Limine To Exclude The Expert Testimony Of John E. Slater filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 787 MOTION to Transfer Case MOTION to impanel a jury from Area B filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 778 MOTION Motion to make the exhibits from the Daubert hearing part of the record filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 589 MOTION in Limine to Exclude Testimony of Lisa Detter-Hoskin filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 574 MOTION in Limine To Exclude The Expert Testimony of Van Allen May filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 581 MOTION in Limine To Exclude Expert Testimony Of George Easton filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 593 MOTION in Limine to Exclude Expert Testimony of Jeffrey Schwenk filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 583 MOTION in Limine to Exclude Certain Expert Opinions of Lloyd Crosthwait filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 788 MOTION for Discovery Concerning Avondale's Final Liquidation Value MOTION to Continue Modify Trial-Ready Date filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 585 MOTION in Limine to Exclude the Expert Testimony of George W. Pearsall filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. Motions are taken under advisement, text order to be issued. Pretrial Conference held on 10/10/2007. Trial will be held in Columbia, tentatively set for jury selection 3/5/2008 in Aiken, trial to begin 3/6/2008 in Columbia. Court to notify parties of number of jurors and alternates, amount of time each side will have to present it's case. Parties are directed to e-file all exhibits introduced during hearing. Court Reporter Dan Mayo. (mdea, ) Additional attachments filed as entry #801-819 on 10/10/2007. Additional attachments filed as entry #854-867 on 10/22/2007. (cbru, ). (Entered: 10/11/2007)
8002007-10-12 ENTRY DELETED - Entry #800 deleted to allow attorney to refile properly. (cbru, ) (Entered: 10/12/2007)
8012007-10-12 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, (Defendants' Exhibit to 10-10-07 hearing). (Reeves, Phillip) (Entered: 10/12/2007)
8022007-10-12 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. (Attachments: # 1 Exhibit Exhibit 1 (1 of 3)# 2 Exhibit Exhibit 1 (2 of 3)# 3 Exhibit Exhibit 1 (3 of 3))(Boyd, W) (Entered: 10/12/2007)
8032007-10-12 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. (Attachments: # 1 Exhibit Exhibit 9)(Boyd, W) (Entered: 10/12/2007)
8052007-10-12 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. (Attachments: # 1 Exhibit Exhibit 10 (1 of 7)# 2 Exhibit Exhibit 10 (2 of 7))(Boyd, W) (Entered: 10/12/2007)
8062007-10-12 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. (Attachments: # 1 Exhibit Exhibit 10 (3 of 7)# 2 Exhibit Exhibit 10 (4 of 7))(Boyd, W) (Entered: 10/12/2007)
8072007-10-12 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. (Attachments: # 1 Exhibit Exhibit 10 (5 of 7)# 2 Exhibit Exhibit 10 (6 of 7))(Boyd, W) (Entered: 10/12/2007)
8082007-10-12 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. (Attachments: # 1 Exhibit 10 (7 of 7)# 2 Exhibit 11# 3 Exhibit 12# 4 Exhibit 13)(Boyd, W) (Entered: 10/12/2007)
8092007-10-15 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Exhibit List. (Attachments: # 1 Exhibit 1 (1 of 4)# 2 Exhibit 1 (2 of 4))(Richardson, Terry) (Entered: 10/15/2007)
8102007-10-15 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Exhibit 1 (3 of 4). (Attachments: # 1 Exhibit 1 (4 of 4))(Richardson, Terry) (Entered: 10/15/2007)
8112007-10-15 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Exhibit 2 (1 of 3). (Attachments: # 1 Exhibit Exhibit 2 (2 of 3))(Richardson, Terry) (Entered: 10/15/2007)
8132007-10-15 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Exhibit 2 (3 of 3). (Attachments: # 1 Exhibit 3# 2 Exhibit 4)(Richardson, Terry) (Entered: 10/15/2007)
8142007-10-15 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Exhibit 5. (Richardson, Terry) (Entered: 10/15/2007)
8152007-10-15 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Exhibit 6. (Attachments: # 1 Exhibit 7# 2 Exhibit 8)(Richardson, Terry) (Entered: 10/15/2007)
8162007-10-15 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Exhibit 9 (1 of 3). (Richardson, Terry) (Entered: 10/15/2007)
8172007-10-15 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Exhibit 9 (2 of 3). (Attachments: # 1 Exhibit 9 (3 of 3))(Richardson, Terry) (Entered: 10/15/2007)
8182007-10-15 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Exhibit 10. (Attachments: # 1 Exhibit 11# 2 Exhibit 12)(Richardson, Terry) (Entered: 10/15/2007)
8192007-10-15 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief, Order on Motion to Transfer Case,, Order on Motion for Discovery, Order on Motion to Continue, Motion Hearing, Pretrial Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Exhibit 13. (Attachments: # 1 Exhibit 14# 2 Exhibit 15# 3 Exhibit 16)(Richardson, Terry) (Entered: 10/15/2007)
8202007-10-15 OBJECTIONS byNorfolk Southern Railway Company, Norfolk Southern Corporation to 770 AFFIDAVIT of Records Custodian,. (Boyd, W) (Entered: 10/15/2007)
8212007-10-15 OBJECTIONS byNorfolk Southern Railway Company, Norfolk Southern Corporation to 768 AFFIDAVIT of Records Custodian,. (Boyd, W) (Entered: 10/15/2007)
8222007-10-15 OBJECTIONS byNorfolk Southern Railway Company, Norfolk Southern Corporation to 772 AFFIDAVIT of Records Custodian,. (Boyd, W) (Entered: 10/15/2007)
8232007-10-15 OBJECTIONS byNorfolk Southern Railway Company, Norfolk Southern Corporation to 769 AFFIDAVIT of Records Custodian,. (Tate, Ronald) (Entered: 10/15/2007)
8242007-10-15 OBJECTIONS byNorfolk Southern Railway Company, Norfolk Southern Corporation to 767 AFFIDAVIT of Records Custodian,. (Reeves, Phillip) (Entered: 10/15/2007)
8252007-10-15 OBJECTIONS byNorfolk Southern Railway Company, Norfolk Southern Corporation to 773 AFFIDAVIT of Records Custodian. (Reeves, Phillip) (Entered: 10/15/2007)
8262007-10-15 OBJECTIONS byNorfolk Southern Railway Company, Norfolk Southern Corporation to 766 AFFIDAVIT of Records Custodian,. (Tate, Ronald) (Entered: 10/15/2007)
8272007-10-15 OBJECTIONS byNorfolk Southern Railway Company, Norfolk Southern Corporation to 771 AFFIDAVIT of Records Custodian,. (Tate, Ronald) (Entered: 10/15/2007)
8282007-10-15 REPLY to Response to Motion re 761 MOTION for Clarification re 740 Order on Motion for Partial Summary Judgment, Order on Motion in Limine, Order on Motion to Strike, Order on Motion for Miscellaneous Relief Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit Attachment A# 2 Exhibit Attachment B)(Richardson, Terry) Modified docket text on 10/16/2007 (cbru, ). (Entered: 10/15/2007)
8292007-10-15 Joint MOTION to Enter Proposed Consent Scheduling Order by Norfolk Southern Railway Company, Avondale Mills Incorporated, Norfolk Southern Corporation.Response to Motion due by 11/2/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Reeves, Phillip) (Entered: 10/15/2007)
8302007-10-15 OBJECTIONS byAvondale Mills Incorporated to 750 AFFIDAVIT of Records Custodian. (Richardson, Terry) (Entered: 10/15/2007)
8312007-10-15 OBJECTIONS byAvondale Mills Incorporated to 745 AFFIDAVIT of Records Custodian. (Richardson, Terry) (Entered: 10/15/2007)
8322007-10-15 OBJECTIONS byAvondale Mills Incorporated to 744 AFFIDAVIT of Records Custodian,. (Richardson, Terry) (Entered: 10/15/2007)
8332007-10-15 OBJECTIONS byAvondale Mills Incorporated to 746 AFFIDAVIT of Records Custodian. (Richardson, Terry) (Entered: 10/15/2007)
8342007-10-15 OBJECTIONS byAvondale Mills Incorporated to 748 AFFIDAVIT of Records Custodian. (Richardson, Terry) (Entered: 10/15/2007)
8352007-10-15 OBJECTIONS byAvondale Mills Incorporated to 753 AFFIDAVIT of Records Custodian,. (Richardson, Terry) (Entered: 10/15/2007)
8362007-10-15 OBJECTIONS byAvondale Mills Incorporated to 747 AFFIDAVIT of Records Custodian,. (Richardson, Terry) (Entered: 10/15/2007)
8372007-10-15 OBJECTIONS byAvondale Mills Incorporated to 752 AFFIDAVIT of Records Custodian,. (Richardson, Terry) (Entered: 10/15/2007)
8382007-10-15 OBJECTIONS byAvondale Mills Incorporated to 751 AFFIDAVIT of Records Custodian,. (Richardson, Terry) (Entered: 10/15/2007)
8392007-10-15 OBJECTIONS byAvondale Mills Incorporated to 762 AFFIDAVIT of Records Custodian,. (Attachments: # 1 Exhibit A)(Richardson, Terry) (Entered: 10/15/2007)
8402007-10-15 OBJECTIONS byAvondale Mills Incorporated to 754 AFFIDAVIT of Records Custodian,. (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)(Richardson, Terry) (Entered: 10/15/2007)
8412007-10-16 ENTRY DELETED - Entry #841 deleted per request to allow attorney to refile correctly. (cbru, ) (Entered: 10/16/2007)
8422007-10-16 Deficiency Memo re #812 MOTION to Amend/Correct. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 10/17/2007. (cbru, ) (Entered: 10/16/2007)
8432007-10-16 REPLY to Response to Motion re 765 MOTION for Clarification re 740 Order on Motion for Partial Summary Judgment,Order on Motion in Limine, Order on Motion to Strike, Order on Motion for Miscellaneous Relief Response filed by Avondale Mills Incorporated. (Richardson, Terry) Modified docket text on 10/17/2007 (cbru, ). (Entered: 10/16/2007)
8442007-10-15 Consent MOTION to Amend/Correct 309 Answer to Amended Complaint by Norfolk Southern Railway Company, Factory Mutual Insurance Company, Avondale Mills Incorporated, Norfolk Southern Corporation.Response to Motion due by 11/2/2007 (Attachments: # 1 Exhibit Proposed Amended Answer)No proposed order(Tate, Ronald) Modified date filed and Response to Motion due date on 10/16/2007 (cbru, ). (Entered: 10/16/2007)
8452007-10-16 MOTION for Leave to File Reply to the Motion for Clarification Regarding Scope of Court Order [D.E. #740] Regarding (Operational Issues) by Avondale Mills Incorporated.Response to Motion due by 11/5/2007 No proposed order(Richardson, Terry) (Entered: 10/16/2007)
8472007-10-16 ENTRY DELETED re 842 Deficiency Memo Corrected Filing Document Number: 844 Modified filing date to that of original filing: 10/15/2007 Response due date modified to that of original filing: 11/2/2007 (cbru, ) (Entered: 10/16/2007)
8482007-10-16 TEXT ORDER granting 844 Motion to Amend/Correct; granting 845 Motion for Leave to File. Signed by Judge Margaret B Seymour on 10/16/2007.(cbru, ) (Entered: 10/16/2007)
8492007-10-18 Amended ANSWER to Amended Complaint (Third) by Norfolk Southern Railway Company, Norfolk Southern Corporation.(Tate, Ronald) (Entered: 10/18/2007)
8502007-10-19 RESPONSE in Opposition re 779 MOTION to Bifurcate the Issues of Amount of Compensatory Damages and Liability for Punitive Damages Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 10/29/2007 (Attachments: # 1 Exhibit Index# 2 Exhibit 1# 3 Exhibit 2)(Richardson, Terry) Additional attachments filed as entry #851-852 on 10/19/2007 (cbru, ). (Entered: 10/19/2007)
8512007-10-19 Additional Attachments to Main Document 850 Response in Opposition to Motion, Exhibit 3 (Part 1 of 4). (Attachments: # 1 Exhibit 3 (Part 2 of 4)# 2 Exhibit 3 (Part 3 of 4))(Richardson, Terry) (Entered: 10/19/2007)
8522007-10-19 Additional Attachments to Main Document 850 Response in Opposition to Motion, Exhibit 3 (Part 4 of 4). (Attachments: # 1 Exhibit 4)(Richardson, Terry) (Entered: 10/19/2007)
8532007-10-19 TRANSCRIPT (Unredacted) of motion hearing held on October 10, 2007 before Judge Margaret B. Seymour. Court Reporter/Transcriber: Dan Mayo. (dmayo, ) (Entered: 10/19/2007)
8542007-10-22 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief,,,,,,,,,, Order on Motion to Transfer Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Discovery,,,,,,,,,, Order on Motion to Continue,,,,,,,,,, Motion Hearing,,,,,,,,,, Pretrial Conference,,,,,,,,, O'Rourke. (Attachments: # 1 Exhibit Att. 1# 2 Exhibit Att. 2# 3 Exhibit Att. 3 (1 of 2)# 4 Exhibit Att. 3 (2 of 2)# 5 Exhibit Att. 5# 6 Exhibit Att. 6# 7 Exhibit Att. 7)(Boyd, W) (Entered: 10/22/2007)
8552007-10-22 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief,,,,,,,,,, Order on Motion to Transfer Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Discovery,,,,,,,,,, Order on Motion to Continue,,,,,,,,,, Motion Hearing,,,,,,,,,, Pretrial Conference,,,,,,,,, Taylor (A). (Attachments: # 1 Exhibit Att. 1 (1 of 2)# 2 Exhibit Att. 1 (2 of 2)# 3 Exhibit Att. 2# 4 Exhibit Att. 3 (1 of 2)# 5 Exhibit Att. 3 (2 of 2))(Tate, Ronald) (Entered: 10/22/2007)
8562007-10-22 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief,,,,,,,,,, Order on Motion to Transfer Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Discovery,,,,,,,,,, Order on Motion to Continue,,,,,,,,,, Motion Hearing,,,,,,,,,, Pretrial Conference,,,,,,,,, Del Genio (A). (Attachments: # 1 Exhibit Att. 1 (1 of 3)# 2 Exhibit Att. 1 (2 of 3)# 3 Exhibit Att. 1 (3 of 3))(Johnsen, Jennifer) (Entered: 10/22/2007)
8572007-10-22 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief,,,,,,,,,, Order on Motion to Transfer Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Discovery,,,,,,,,,, Order on Motion to Continue,,,,,,,,,, Motion Hearing,,,,,,,,,, Pretrial Conference,,,,,,,,, Del Genio (B). (Attachments: # 1 Exhibit Att. 2 (2 of 3)# 2 Exhibit Att. 2 (3 of 3))(Johnsen, Jennifer) (Entered: 10/22/2007)
8582007-10-22 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief,,,,,,,,,, Order on Motion to Transfer Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Discovery,,,,,,,,,, Order on Motion to Continue,,,,,,,,,, Motion Hearing,,,,,,,,,, Pretrial Conference,,,,,,,,, Del Genio (C). (Attachments: # 1 Exhibit Att. 3 (2 of 3)# 2 Exhibit Att. 3 (3 of 3))(Johnsen, Jennifer) (Entered: 10/22/2007)
8592007-10-22 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief,,,,,,,,,, Order on Motion to Transfer Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Discovery,,,,,,,,,, Order on Motion to Continue,,,,,,,,,, Motion Hearing,,,,,,,,,, Pretrial Conference,,,,,,,,, Taylor (B) Att. 4 - 15, 18, 19. (Attachments: # 1 Exhibit Att. 5# 2 Exhibit Att. 6# 3 Exhibit Att. 7# 4 Exhibit Att. 8# 5 Exhibit Att. 9# 6 Exhibit Att. 10# 7 Exhibit Att. 11# 8 Exhibit Att. 12# 9 Exhibit Att. 13# 10 Exhibit Att. 14 (1 of 2)# 11 Exhibit Att. 14 (2 of 2)# 12 Exhibit Att. 15# 13 Exhibit Att. 18# 14 Exhibit Att. 19)(Tate, Ronald) (Entered: 10/22/2007)
8602007-10-22 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief,,,,,,,,,, Order on Motion to Transfer Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Discovery,,,,,,,,,, Order on Motion to Continue,,,,,,,,,, Motion Hearing,,,,,,,,,, Pretrial Conference,,,,,,,,, Del Genio (D). (Attachments: # 1 Exhibit Att. 4 (2 of 3)# 2 Exhibit Att. 4 (3 of 3))(Johnsen, Jennifer) (Entered: 10/22/2007)
8612007-10-22 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief,,,,,,,,,, Order on Motion to Transfer Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Discovery,,,,,,,,,, Order on Motion to Continue,,,,,,,,,, Motion Hearing,,,,,,,,,, Pretrial Conference,,,,,,,,, Del Genio (E) Att. 5 thru Att. 23 (2 of 5). (Attachments: # 1 Exhibit Att. 6# 2 Exhibit Att. 7# 3 Exhibit Att. 8# 4 Exhibit Att. 9# 5 Exhibit Att. 10# 6 Exhibit Att. 11# 7 Exhibit Att. 12# 8 Exhibit Att. 13# 9 Exhibit Att. 14# 10 Exhibit Att. 15# 11 Exhibit Att. 16# 12 Exhibit Att. 17# 13 Exhibit Att. 18# 14 Exhibit Att. 19# 15 Exhibit Att. 20# 16 Exhibit Att. 21# 17 Exhibit Att. 22# 18 Exhibit Att. 23 (1 of 5)# 19 Exhibit Att. 23 (2 of 5))(Johnsen, Jennifer) (Entered: 10/22/2007)
8622007-10-22 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief,,,,,,,,,, Order on Motion to Transfer Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Discovery,,,,,,,,,, Order on Motion to Continue,,,,,,,,,, Motion Hearing,,,,,,,,,, Pretrial Conference,,,,,,,,, Meyer (A) Att. 1, 2. (Attachments: # 1 Exhibit Att. 1 (1 of 2)# 2 Exhibit Att. 1 (2 of 2)# 3 Exhibit Att. 2 (1 of 2)# 4 Exhibit Att. 2 (2 of 2))(Boyd, W) (Entered: 10/22/2007)
8632007-10-22 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief,,,,,,,,,, Order on Motion to Transfer Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Discovery,,,,,,,,,, Order on Motion to Continue,,,,,,,,,, Motion Hearing,,,,,,,,,, Pretrial Conference,,,,,,,,, Del Genio (F) Att. 23 (3 of 5) thru Att. 26. (Attachments: # 1 Exhibit Att. 23 (4 of 5)# 2 Exhibit Att. 23 (5 of 5)# 3 Exhibit Att. 24# 4 Exhibit Att. 25# 5 Exhibit Att. 26)(Johnsen, Jennifer) (Entered: 10/22/2007)
8642007-10-22 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief,,,,,,,,,, Order on Motion to Transfer Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Discovery,,,,,,,,,, Order on Motion to Continue,,,,,,,,,, Motion Hearing,,,,,,,,,, Pretrial Conference,,,,,,,,, Meyer (B) Att. 3-7,10,11,13-15. (Attachments: # 1 Exhibit Att. 3 (2 of 4)# 2 Exhibit Att. 3 (3 of 4)# 3 Exhibit Att. 3 (4 of 4)# 4 Exhibit Att. 4# 5 Exhibit Att. 5# 6 Exhibit Att. 6# 7 Exhibit Att. 7# 8 Exhibit Att. 10# 9 Exhibit Att. 11# 10 Exhibit Att. 13# 11 Exhibit Att. 14# 12 Exhibit Att. 15)(Boyd, W) (Entered: 10/22/2007)
8652007-10-22 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief,,,,,,,,,, Order on Motion to Transfer Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Discovery,,,,,,,,,, Order on Motion to Continue,,,,,,,,,, Motion Hearing,,,,,,,,,, Pretrial Conference,,,,,,,,, Del Genio (G) Att. 27 thru 32. (Attachments: # 1 Exhibit Att. 27 (2 of 2)# 2 Exhibit Att. 28# 3 Exhibit Att. 29 (1 of 2)# 4 Exhibit Att. 29 (2 of 2)# 5 Exhibit Att. 30# 6 Exhibit Att. 31# 7 Exhibit Att. 32)(Johnsen, Jennifer) (Entered: 10/22/2007)
8662007-10-22 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief,,,,,,,,,, Order on Motion to Transfer Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Discovery,,,,,,,,,, Order on Motion to Continue,,,,,,,,,, Motion Hearing,,,,,,,,,, Pretrial Conference,,,,,,,,, Del Genio (H) Att. 33 thru 41. (Attachments: # 1 Exhibit Att. 34# 2 Exhibit Att. 35# 3 Exhibit Att. 36# 4 Exhibit Att. 37# 5 Exhibit Att. 38# 6 Exhibit Att. 39# 7 Exhibit Att. 40# 8 Exhibit Att. 41)(Johnsen, Jennifer) (Entered: 10/22/2007)
8672007-10-22 Additional Attachments to Main Document 799 Order on Motion for Miscellaneous Relief,,,,,,,,,, Order on Motion to Transfer Case,,,,,,,,,,,,,,,,,,,, Order on Motion for Discovery,,,,,,,,,, Order on Motion to Continue,,,,,,,,,, Motion Hearing,,,,,,,,,, Pretrial Conference,,,,,,,,, Taylor (C) Att. 20-32. (Attachments: # 1 Exhibit Att. 21# 2 Exhibit Att. 22# 3 Exhibit Att. 23# 4 Exhibit Att. 24# 5 Exhibit Att. 25# 6 Exhibit Att. 26# 7 Exhibit Att. 27# 8 Exhibit Att. 28# 9 Exhibit Att. 29# 10 Exhibit Att. 30# 11 Exhibit Att. 31# 12 Exhibit Att. 32 (1 of 2)# 13 Exhibit Att. 32 (2 of 2))(Tate, Ronald) (Entered: 10/22/2007)
8682007-10-23 CONSENT AMENDED SCHEDULING ORDER Motions in Limine due by 12/7/2007, Responses in opposition due by 1/4/2008, Replies due by 1/10/2008; Rule 26(a)(3) Disclosures due by 1/7/2008. Signed by Judge Margaret B Seymour on 10/23/2007. (mdea ) (Entered: 10/23/2007)
8702007-10-23 NOTICE of Hearing on Motions in Limine Motion Hearing set for 1/17/2008 and 1/18/2008 10:00 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (mdea ) (Entered: 10/23/2007)
8712007-10-23 NOTICE of Hearing:Pretrial Conference set for 2/7/2008 and 2/8/2008 10:00 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (mdea ) (Entered: 10/23/2007)
8722007-10-25 ORDER granting 779 Motion to Bifurcate. Trial will be held in three phases: (1) compensatory damages; (2) liability for punitive damages; and, if the jury finds liability, (3) punitive damages. Signed by Judge Margaret B Seymour on 10/25/2007.(mdea ) (Entered: 10/25/2007)
8732007-10-25 ORDER terminating 761 Motion for clarification. Avondale seeks clarification that its claims alleging negligent supervision and failure to train as to the Hours of Service Act remain viable subsequent to the courts ruling on Norfolk Southerns motion for partial summary judgment as to non-operational issues. With respect to negligent supervision, the court notes that extensive regulations promulgated by the FRA cover supervision of railroad employees. For example, 49 C.F.R. § 240.1 provides for minimum Federal safety standards for the eligibility, training, testing, certification, and monitoring of all locomotive engineers to whom it applies. 49 C.F.R. § 240.129 provides that railroads must have in place criteria for monitoring the operational performance of locomotive engineers. 49 C.F.R. § 240.105 provides for the selection of designated supervisors for locomotive engineers. The court concludes that the FRA regulations preempt this claim. With respect to the Hour of Service Act, the court could locate no specific requirement that employees be trained on the HSA. However, 49 C.F.R. § 217.1 provides that each railroad is required to instruct its employees in operating practices. The court concludes that FRA regulations preempt this claim. Signed by Judge Margaret B Seymour on 10/25/2007.(mdea ) (Entered: 10/25/2007)
8752007-10-30 MOTION to Ensure Adequate Trial Time by Norfolk Southern Railway Company, Norfolk Southern Corporation.Response to Motion due by 11/19/2007 (Attachments: # 1 Memo in Support # 2 Exhibit Attachment List# 3 Exhibit Att. 1# 4 Exhibit Att. 2)No proposed order(Boyd, W) Modified docket text on 11/6/2007 (cbru, ). (Entered: 10/30/2007)
8772007-11-05 ORDER granting 574 Motion in Limine; denying 581 Motion in Limine; denying 583 Motion in Limine; denying 585 Motion in Limine; granting 589 Motion in Limine; denying 591 Motion in Limine. Signed by Judge Margaret B Seymour on 11/2/2007.(mdea ) (Entered: 11/05/2007)
8782007-11-05 AMENDED ORDER granting 574 Motion in Limine; denying 581 Motion in Limine; denying 583 Motion in Limine; denying 585 Motion in Limine; granting 589 Motion in Limine; denying 591 Motion in Limine; denying 593 Motion in Limine. Signed by Judge Margaret B Seymour on 11/5/2007.(mdea ) (Entered: 11/05/2007)
8792007-11-05 RESPONSE in Opposition re 875 MOTION to Ensure Adequate Trial Time Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 11/16/2007 (Richardson, Terry) Modified to remove filer on 11/6/2007 (cbru, ). (Entered: 11/05/2007)
8802007-11-06 DOCKET ANNOTATION - Removed filer Factory Mutual Insurance Company from entry #879. There was no signature of counsel for Factory Mutual Insurance Company. (cbru, ) (Entered: 11/06/2007)
8812007-11-07 MOTION for Leave to File Supplementary Authority in Support of its Motion for Clarification Regarding the Scope of Court Order [D.E. #740] (Operational Issues) by Avondale Mills Incorporated.Response to Motion due by 11/26/2007 No proposed order(Richardson, Terry) (Entered: 11/07/2007)
8822007-11-07 Additional Attachments to Main Document 765 MOTION for Clarification re 740 Order on Motion for Partial Summary Judgment,Order on Motion in Limine, Order on Motion to Strike, Order on Motion for Miscellaneous Relief MOTION for Clarification re 740 Order on Motion for Partial Summary Judgment,Order on Motion in Limine, Order on Motion to Strike, Order on Motion for Miscellaneous Relief , Memorandum of Supplementary Authority in Support of Motion. (Attachments: # 1 Exhibit A)(Richardson, Terry) (Entered: 11/07/2007)
8832007-11-12 REPLY to Response to Motion re 875 MOTION to Ensure Adequate Trial Time Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Boyd, W) (Entered: 11/12/2007)
8842007-11-14 MOTION re 878 Order on Motion in Limine, Motion for Clarification Regarding Scope of Court Order #878 (Detter-Hoskins) by Avondale Mills Incorporated. Response to Motion due by 12/3/2007 (Attachments: # 1 Exhibit Index, # 2 Exhibit A, # 3 Exhibit B)No proposed order(Richardson, Terry) (Entered: 11/14/2007)
8852007-11-16 Consent MOTION for Extension of Time to Respond to Defendants' Third Requests for Admission by Avondale Mills Incorporated, Norfolk Southern Corporation, Norfolk Southern Railway Company. Response to Motion due by 12/4/2007 (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel(Richardson, Terry) Modified to add filers on 11/19/2007 (cbru, ). (Entered: 11/16/2007)
8862007-11-19 DOCKET ANNOTATION - Entry #885 not docketed for all filing parties. Correction made by the Clerk. NO Correction by attorney required (cbru, ) (Entered: 11/19/2007)
8872007-11-20 ORDER granting 881 Motion for Leave to File Supplemental Authority Signed by Honorable Margaret B Seymour on 11/20/2007.(mdea, ) (Entered: 11/20/2007)
8882007-11-20 ORDER granting 885 Motion for Extension of Time to respond to defendants' third requests for admission. Signed by Honorable Margaret B Seymour on 11/20/2007.(mdea ) (Entered: 11/20/2007)
8892007-11-20 RESPONSE in Opposition re 881 MOTION for Leave to File Supplementary Authority in Support of its Motion for Clarification Regarding the Scope of Court Order [D.E. #740] (Operational Issues) Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 12/3/2007 (Kelly, Christopher) Modified docket text on 11/21/2007 (cbru, ). (Entered: 11/20/2007)
8902007-11-21 MOTION to Strike Avondale's "Supplemental" Interrogatory Response and Preclude It from Asserting Punitive Damages Claims Based on Norfolk Southern's Alleged Post-Derailment Conduct by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/10/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit List of Attachments, # 3 Exhibit Attachment 1, # 4 Exhibit Attachment 2, # 5 Exhibit Attachment 3, # 6 Exhibit Attachment 4, # 7 Exhibit Attachment 5, # 8 Exhibit Attachment 6, # 9 Exhibit Attachment 7, # 10 Exhibit Attachment 8, # 11 Exhibit Attachment 9, # 12 Exhibit Attachment 10, # 13 Exhibit Attachment 11)No proposed order(Reeves, Phillip) (Entered: 11/21/2007)
8912007-11-21 RESPONSE in Opposition re 884 MOTION re 878 Order on Motion in Limine, Motion for Clarification Regarding Scope of Court Order #878 (Detter-Hoskins) Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 12/3/2007 (Attachments: # 1 Exhibit List of Attachments, # 2 Exhibit Att. 1, # 3 Exhibit Att. 2, # 4 Exhibit Att. 3, # 5 Exhibit Att. 4, # 6 Exhibit Att. 5, # 7 Exhibit Att. 6, # 8 Exhibit Att. 7, # 9 Exhibit Att. 8, # 10 Exhibit Att. 9, # 11 Exhibit Att. 10, # 12 Exhibit Att. 11)(Tate, Ronald) Modified docket text on 11/26/2007 (cbru, ). (Entered: 11/21/2007)
8922007-11-27 REPLY to Response to Motion re 884 MOTION re 878 Order on Motion in Limine, Motion for Clarification Regarding Scope of Court Order #878 (Detter-Hoskins) Response filed by Avondale Mills Incorporated. (Richardson, Terry) Modified docket text on 11/28/2007 (cbru, ). (Entered: 11/27/2007)
8932007-11-30 Consent MOTION for Extension of Time to Respond to Defendants' 3rd Requests for Admission by Avondale Mills Incorporated. Response to Motion due by 12/18/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Richardson, Terry) (Entered: 11/30/2007)
8942007-11-30 ORDER granting 893 Motion for Extension of Time Signed by Honorable Margaret B Seymour on 11/30/2007.(mdea ) (Entered: 11/30/2007)
8952007-12-05 RESPONSE in Opposition re 890 MOTION to Strike Avondale's "Supplemental" Interrogatory Response and Preclude It from Asserting Punitive Damages Claims Based on Norfolk Southern's Alleged Post-Derailment Conduct Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 12/17/2007 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Richardson, Terry) (Entered: 12/05/2007)
8982007-12-06 MOTION in Limine to Exclude the Alternate Damage Opinions Disclaimed by Avondale's Expert Witness Robert J. Taylor by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 No proposed order(Boyd, W) (Entered: 12/06/2007)
8992007-12-06 MOTION in Limine Addressing Miscellaneous Evidentiary Issues by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Tate, Ronald) (Entered: 12/06/2007)
9002007-12-06 MOTION in Limine to Exclude the Testimony of Robert Del Genio Concerning His January 5, 2005 Valuation of Avondale by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Boyd, W) (Entered: 12/06/2007)
9012007-12-06 MOTION in Limine concerning Preempted Operational Claims by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9022007-12-06 MOTION in Limine to Preclude Testimony Pursuant to Rule 702 and to Preclude Expert Testimony by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit B-1)Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9032007-12-06 MOTION in Limine to Limit or Exclude Certain Testimony of Avondale's Expert Robert Taylor by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 (Attachments: # 1 Exhibit Att. 1)Proposed order is being emailed to chambers with copy to opposing counsel(Boyd, W) (Entered: 12/06/2007)
9042007-12-06 MOTION in Limine concerning Preempted Non-Operational Claims by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9052007-12-06 MOTION in Limine Hours of Service Violations by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9062007-12-06 MOTION in Limine related to certain "other accidents" by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9072007-12-06 MOTION in Limine re: Testimony of Paul Bodnar and George Gavalla by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9082007-12-06 MOTION in Limine re: Transportation of Hazardous Material by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9092007-12-06 MOTION in Limine re: Aggregation of Negligence by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9102007-12-06 MOTION in Limine to Exclude Evidence Related to Testimony by Avondale's Financial Experts Regarding Their Subjective Assessments of the Quality of Avondale's Management by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Boyd, W) (Entered: 12/06/2007)
9112007-12-06 MOTION in Limine re: Alleged Rules Violations Unrelated to Accident by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9122007-12-06 MOTION in Limine re: Testimony of Dr. Charles A. Cziesler by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9132007-12-06 MOTION in Limine re: Testimony of Robert J. Beaton by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 (Attachments: # 1 Exhibit A, # 2 Exhibit B)Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9142007-12-06 MOTION in Limine re: NTSB Report by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 (Attachments: # 1 Exhibit A)Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9152007-12-06 MOTION in Limine re: Telephone Calls from Capps to Thornton by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9162007-12-06 MOTION in Limine to Exclude Evidence Related to Plaintiffs' Remediation Experts from Offering Opinions Based on Dr. Detter-Hoskin's Excluded Opinions by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 (Attachments: # 1 Exhibit Att. List, # 2 Exhibit Att. 1, # 3 Exhibit Att. 2)Proposed order is being emailed to chambers with copy to opposing counsel(Tate, Ronald) (Entered: 12/06/2007)
9172007-12-06 MOTION in Limine re: Pressure on P-22 Crew by Customers by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9182007-12-06 MOTION in Limine re: Newspaper Articles, Media Accounts and Similar Materials by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9192007-12-06 MOTION in Limine To Exclude Evidence Related To Certain Post-May 26, 2006 "Cash Flow Losses" From Avondale's Damages Claims by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Boyd, W) (Entered: 12/06/2007)
9202007-12-06 MOTION in Limine re: Lobbying Activities by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9212007-12-06 MOTION in Limine re: Payment of Legal Representation for Ford, Thornton and Aiken by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9222007-12-06 MOTION in Limine re: Settlement Policies, Settlement with Third Parties and Graniteville Claim Files by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9232007-12-06 MOTION in Limine re: Statements by Norfolk Southern CEO to Avondale Management by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9242007-12-06 MOTION in Limine re: Exclude Evidence Related to Personal Injuries and Mental Anguish Suffered by Avondale Employees and Other 3rd Parties by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9252007-12-06 MOTION in Limine re: Executive Compensation by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9262007-12-06 MOTION in Limine re: Grade Crossing Accident at Ascauga Lake Road by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9272007-12-06 MOTION in Limine re: Seeling E-mail by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9282007-12-06 MOTION in Limine re: Cory Veal Personnel File and References to Discovery Dispute Regarding Same by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9292007-12-06 MOTION in Limine re: Evidence regarding Materiality of Derailment to Norfolk Southern's Financial Condition by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 12/06/2007)
9302007-12-06 MOTION in Limine to Exclude Certain Testimony of Warren L. Beck by Avondale Mills Incorporated. Response to Motion due by 12/24/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2)No proposed order(Richardson, Terry) (Entered: 12/06/2007)
9312007-12-06 MOTION in Limine to Exclude Certain Lay Opinion Testimony of Avondale's Management by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 (Attachments: # 1 Exhibit List of Attachments, # 2 Exhibit Att. 1)Proposed order is being emailed to chambers with copy to opposing counsel(Boyd, W) (Entered: 12/06/2007)
9322007-12-06 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert Kevin Garrity by Avondale Mills Incorporated. Response to Motion due by 12/24/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)No proposed order(Richardson, Terry) (Entered: 12/06/2007)
9332007-12-06 MOTION in Limine to Limit Mr. Crosthwait's Opinions Regarding Alleged Equipment Damage to the Gregg Plant ABB System by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 (Attachments: # 1 Exhibit Att. List, # 2 Exhibit Att. 1)Proposed order is being emailed to chambers with copy to opposing counsel(Tate, Ronald) (Entered: 12/06/2007)
9342007-12-06 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert John M. McKinney by Avondale Mills Incorporated. Response to Motion due by 12/24/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1)No proposed order(Richardson, Terry) (Entered: 12/06/2007)
9352007-12-06 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert Craig T. Elson by Avondale Mills Incorporated. Response to Motion due by 12/24/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2)No proposed order(Richardson, Terry) (Entered: 12/06/2007)
9362007-12-06 MOTION in Limine to Exclude the Expert Testimony of John R. Scully Under Daubert and Federal Rule of Evidence 702 by Avondale Mills Incorporated. Response to Motion due by 12/24/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1)No proposed order(Richardson, Terry) (Entered: 12/06/2007)
9372007-12-06 MOTION in Limine to Exclude Testimony of John E. Slater by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Tate, Ronald) (Entered: 12/06/2007)
9392007-12-06 MOTION in Limine to Exclude the Testimony of Dr. Thomas Malone by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 (Attachments: # 1 Exhibit List of Attachments, # 2 Exhibit Att. 1)Proposed order is being emailed to chambers with copy to opposing counsel(Johnsen, Jennifer) (Entered: 12/06/2007)
9402007-12-06 MOTION in Limine to Exclude Evidence of Avondale's Noncompliance with Environmental Regulations by Avondale Mills Incorporated. Response to Motion due by 12/24/2007 (Attachments: # 1 Memo in Support)No proposed order(Richardson, Terry) (Entered: 12/06/2007)
9412007-12-06 MOTION in Limine to Exclude, in Part, the Expert Testimony of Robert Baboian Under Daubert and Federal Rule of Evidence 702 by Avondale Mills Incorporated. Response to Motion due by 12/24/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2)No proposed order(Richardson, Terry) (Entered: 12/06/2007)
9422007-12-06 MOTION in Limine Regarding Norfolk Southern's Financial Data by Avondale Mills Incorporated. Response to Motion due by 12/24/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2)No proposed order(Richardson, Terry) (Entered: 12/06/2007)
9432007-12-06 MOTION in Limine to Exclude Evidence Related to Any Reference to Unprofitable Lost Business by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/24/2007 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3, # 5 Exhibit Attachment 4, # 6 Exhibit Attachment 5, # 7 Exhibit Attachment 6)Proposed order is being emailed to chambers with copy to opposing counsel(Boyd, W) (Entered: 12/06/2007)
9442007-12-07 MOTION in Limine to Exclude Certain Hearsay Testimony of Avondale Personnel by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/26/2007 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3)Proposed order is being emailed to chambers with copy to opposing counsel(Johnsen, Jennifer) (Entered: 12/07/2007)
9452007-12-07 MOTION in Limine to Exclude Reference to Issues of Law Previously Decided by Court by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support)No proposed order(Richardson, Terry) (Entered: 12/07/2007)
9462007-12-07 ENTRY DELETED - Entries #896, 897 deleted by attorney request to allow correction and refiling. (cbru, ) (Entered: 12/07/2007)
9472007-12-07 ENTRY DELETED - Entry #938 deleted per attorney request. Refiled correctly as entry #939. (cbru, ) (Entered: 12/07/2007)
9482007-12-07 MOTION in Limine Addressing Omnibus Remediation Issues by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/26/2007 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3, # 5 Exhibit Attachment 4, # 6 Exhibit Attachment 5, # 7 Exhibit Attachment 6)Proposed order is being emailed to chambers with copy to opposing counsel(Reeves, Phillip) (Entered: 12/07/2007)
9492007-12-07 MOTION in Limine to Exclude the KSA Draft Report by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5)No proposed order(Richardson, Terry) (Entered: 12/07/2007)
9502007-12-07 MOTION in Limine to Exclude the Report and Testimony of Norfolk Southern's Proffered Expert Witness Joe Eudy by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1)No proposed order(Richardson, Terry) (Entered: 12/07/2007)
9512007-12-07 MOTION in Limine to Exclude the Pre-Derailment Purafil Report by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit List, # 3 Exhibit 1)No proposed order(Butler, James) (Entered: 12/07/2007)
9522007-12-07 MOTION in Limine to Exclude the Gibbs Reports by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2)No proposed order(Richardson, Terry) (Entered: 12/07/2007)
9532007-12-07 MOTION in Limine to Exclude the Expert Testimony of Dr. Oliver G. Wood, Jr., as to Compensatory Damages by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/26/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Boyd, W) (Entered: 12/07/2007)
9542007-12-07 MOTION in Limine to Exclude Evidence Related to Plaintiffs' Offering of Inflammatory Evidence by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/26/2007 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3, # 5 Exhibit Attachment 4, # 6 Exhibit Attachment 5, # 7 Exhibit Attachment 6 (1 of 2), # 8 Exhibit Attachment 6 (2 of 2), # 9 Exhibit Attachment 7, # 10 Exhibit Attachment 8)Proposed order is being emailed to chambers with copy to opposing counsel(Tate, Ronald) (Entered: 12/07/2007)
9552007-12-07 MOTION in Limine Regarding the Exclusion of Non-operating Assets from Avondale's Original Business Valuation by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1)No proposed order(Richardson, Terry) (Entered: 12/07/2007)
9562007-12-07 MOTION for Gag Order Restricting Certain Prejudicial Pretrial Advertisements by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1)No proposed order(Butler, James) Modified docket text on 12/10/2007 (cbru, ). (Entered: 12/07/2007)
9582007-12-07 MOTION in Limine to Exclude Moody, Standard & Poor, and Imperial Capital Financial Reports by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support)No proposed order(Richardson, Terry) (Entered: 12/07/2007)
9592007-12-07 MOTION in Limine to Exclude Certain Evidence Regarding Railroad Safety by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8)No proposed order(Butler, James) (Entered: 12/07/2007)
9602007-12-07 MOTION in Limine to Exclude Avondale's Non-Executive Employee Emails by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2)No proposed order(Richardson, Terry) (Entered: 12/07/2007)
9612007-12-07 MOTION in Limine To Exclude Certain Photographs for Lack of Foundation by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4)No proposed order(Butler, James) (Entered: 12/07/2007)
9622007-12-07 MOTION in Limine Regarding Evidence of Deaths & Injuries of Avondale Employees Resulting from the Derailment by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1)No proposed order(Butler, James) (Entered: 12/07/2007)
9632007-12-07 MOTION in Limine to Exclude the Rovetex AG and Werner International Consulting Reports by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support)No proposed order(Richardson, Terry) (Entered: 12/07/2007)
9642007-12-07 MOTION in Limine to Exclude the Koster Reports by Factory Mutual Insurance Company. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)No proposed order(Logan, James) Modified description of attachments on 12/10/2007 (cbru, ). (Entered: 12/07/2007)
9652007-12-07 MOTION in Limine to Exclude Evidence Related to Avondale's Fact Witnesses' Opinion Testimony Regarding Chlorine and Corrosion by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/26/2007 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3, # 5 Exhibit Attachment 4, # 6 Exhibit Attachment 5, # 7 Exhibit Attachment 6, # 8 Exhibit Attachment 7)Proposed order is being emailed to chambers with copy to opposing counsel(Tate, Ronald) (Entered: 12/07/2007)
9662007-12-07 MOTION in Limine to Exclude the 2004 South Carolina Tax Appeal by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit List, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)No proposed order(Richardson, Terry) (Entered: 12/07/2007)
9672007-12-07 MOTION in Limine to Admit Statements of Co-Plaintiff Factory Mutual as Admissions of Avondale as Well by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/26/2007 (Attachments: # 1 Exhibit Att. List, # 2 Exhibit Att. 1, # 3 Exhibit Att. 2, # 4 Exhibit Att. 3)Proposed order is being emailed to chambers with copy to opposing counsel(Tate, Ronald) (Entered: 12/07/2007)
9682007-12-07 MOTION in Limine to Exclude Testimony Comparing the Quality of Domestic Textile Goods To That of Foreign Textile/Apparel Goods by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/26/2007 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3)Proposed order is being emailed to chambers with copy to opposing counsel(Boyd, W) (Entered: 12/07/2007)
9702007-12-07 MOTION in Limine to Introduce Evidence of Train Derailment, Scope & Impact of Subsequent Chlorine Release, & Post-Derailment Mitigation & Remediation Efforts to Establish Proximate Cause & Amount of Compensatory Damages in First Phase of Trial by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1)No proposed order(Richardson, Terry) (Entered: 12/07/2007)
9722007-12-07 MOTION in Limine to Exclude the Testimony of G. Watts Carr by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support Redacted, # 2 Exhibit List, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9 Redacted, # 12 Exhibit 10, # 13 Exhibit 11)No proposed order(Butler, James) (Entered: 12/07/2007)
9732007-12-07 MOTION in Limine for Ruling that Avondale Must Include in Its Final Liquidation Value the $100 Million Payment It Received From Factory Mutual Immediately Before Deciding To Cease Operations by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/26/2007 (Attachments: # 1 Attachment List, # 2 Exhibit Attachment #1, # 3 Exhibit Attachment #2, # 4 Exhibit Attachment #3, # 5 Exhibit Attachment #4, # 6 Exhibit Attachment #5, # 7 Exhibit Attachment #6, # 8 Exhibit Attachment #7, # 9 Exhibit Attachment #8, # 10 Exhibit Attachment #9, # 11 Exhibit Attachment #10, # 12 Exhibit Attachment #11, # 13 Exhibit Attachment #12, # 14 Exhibit Attachment #13, # 15 Exhibit Attachment #14, # 16 Exhibit Attachment #15, # 17 Exhibit Attachment #16)Proposed order is being emailed to chambers with copy to opposing counsel(Boyd, W) (Entered: 12/07/2007)
9742007-12-07 MOTION in Limine to Exclude Irrelevant Evidence Intended to Embarrass & Harass Avondale by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Memo in Support, # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)No proposed order(Richardson, Terry) (Entered: 12/07/2007)
9752007-12-07 MOTION in Limine to Exclude Evidence Relating to Avondale's Alternative Theory of Damages, Including Certain Testimony and Opinions of Avondale Mills' Expert Witness, Harold V. Meyer by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/26/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Reeves, Phillip) (Entered: 12/07/2007)
9762007-12-07 MOTION in Limine to Exclude the Introduction of Evidence for Which Avondale Failed to Satisfy its Burden of Proof ( Response to Motion due by 12/26/2007), MOTION to Clarify the Burden of Proof by Norfolk Southern Railway Company, Norfolk Southern Corporation. Proposed order is being emailed to chambers with copy to opposing counsel(Boyd, W) Modified docket text on 12/10/2007 (cbru, ). (Entered: 12/07/2007)
9772007-12-07 MOTION in Limine to Exclude the Opinions and/or Certain Testimony of Avondale Expert Mary T. O'Rourke by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/26/2007 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3)Proposed order is being emailed to chambers with copy to opposing counsel(Johnsen, Jennifer) (Entered: 12/07/2007)
9782007-12-10 Deficiency Memo re #957 MOTION in Limine. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 12/11/2007. (cbru, ) (Entered: 12/10/2007)
9792007-12-10 Deficiency Memo re #969 MOTION to Seal. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 12/11/2007. (cbru, ) (Entered: 12/10/2007)
9802007-12-10 ENTRY DELETED - Entry #980 deleted. (cbru, ) (Entered: 12/10/2007)
9812007-12-10 ENTRY DELETED - Entry #971 deleted. Refiled correctly as entry #972 on same day. (cbru, ) (Entered: 12/10/2007)
9822007-12-07 MOTION in Limine to Limit or Exclude Evidence Related to Certain Testimony of Avondale's Expert Robert Del Genio by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 12/26/2007 Proposed order is being emailed to chambers with copy to opposing counsel(Boyd, W) Modified date filed and Response to Motion due date on 12/11/2007 (cbru, ). (Entered: 12/10/2007)
9832007-12-07 MOTION to Seal by Avondale Mills Incorporated. Response to Motion due by 12/26/2007 (Attachments: # 1 Exhibit Attachment 1, # 2 Exhibit Attachment 2)No proposed order(Butler, James) Modified date filed and Response to Motion due date on 12/11/2007 (cbru, ). (Entered: 12/10/2007)
9842007-12-11 ENTRY DELETED re 978 Deficiency Memo Corrected Filing Document Number: 982 Modified filing date to that of original filing: 12/7/2007 Response due date modified to that of original filing: 12/26/2007 (cbru, ) (Entered: 12/11/2007)
9852007-12-11 ENTRY DELETED re 979 Deficiency Memo Corrected Filing Document Number: 983 Modified filing date to that of original filing: 12/7/2007 Response due date modified to that of original filing: 12/26/2007 (cbru, ) (Entered: 12/11/2007)
9862007-12-11 MOTION to Strike "Alternate" Damages Calculations in "Corrected" Taylor Report by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 1/2/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment #1, # 3 Exhibit Attachment #2, # 4 Exhibit Attachment #3)No proposed order(Boyd, W) (Entered: 12/11/2007)
9872007-12-11 MOTION to Expedite Hearing in Connection with the Motion to Strike "Alternate" Damages Calculations in "Corrected" Taylor Report by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 1/2/2008 No proposed order(Boyd, W) (Entered: 12/11/2007)
9882007-12-13 RESPONSE in Opposition re 987 MOTION to Expedite Hearing in Connection with the Motion to Strike "Alternate" Damages Calculations in "Corrected" Taylor Report Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 12/26/2007 (Richardson, Terry) (Entered: 12/13/2007)
9892007-12-14 MOTION to Appear Pro Hac Vice by Ryan Szczepanik ( Filing fee $ 250 receipt number 04200000000001291034) by Avondale Mills Incorporated. Response to Motion due by 1/2/2008 No proposed order(Richardson, Terry) (Entered: 12/14/2007)
9902007-12-14 MOTION to Appear Pro Hac Vice by Carolyn C. Burch ( Filing fee $ 250 receipt number 04200000000001291051) by Avondale Mills Incorporated. Response to Motion due by 1/2/2008 No proposed order(Richardson, Terry) (Entered: 12/14/2007)
9912007-12-14 MOTION to Appear Pro Hac Vice by Jessica R. Arnold ( Filing fee $ 250 receipt number 04200000000001291055) by Avondale Mills Incorporated. Response to Motion due by 1/2/2008 No proposed order(Richardson, Terry) (Entered: 12/14/2007)
9932007-12-14 MOTION For Supplemental Juror Questionnaire by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 1/2/2008 (Attachments: # 1 Exhibit A)No proposed order(Boyd, W) (Entered: 12/14/2007)
9942007-12-14 RESPONSE in Opposition re 993 MOTION For Supplemental Juror Questionnaire Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 12/26/2007 (Richardson, Terry) (Entered: 12/14/2007)
9952007-12-17 REPLY to Response to Motion re 890 MOTION to Strike Avondale's "Supplemental" Interrogatory Response and Preclude It from Asserting Punitive Damages Claims Based on Norfolk Southern's Alleged Post-Derailment Conduct Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments, # 2 Exhibit Att. 1, # 3 Exhibit Att. 2, # 4 Exhibit Att. 3, # 5 Exhibit Att. 4, # 6 Exhibit Att. 5, # 7 Exhibit Att. 6, # 8 Exhibit Att. 7)(Tate, Ronald) (Entered: 12/17/2007)
9962007-12-20 ORDER granting 989 Motion to Appear Pro Hac Vice; granting 990 Motion to Appear Pro Hac Vice; granting 991 Motion to Appear Pro Hac Vice. Signed by Honorable Margaret B Seymour on 12/20/2007.(mdea ) (Entered: 12/21/2007)
9972007-12-21 RESPONSE in Opposition re 986 MOTION to Strike "Alternate" Damages Calculations in "Corrected" Taylor Report Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/7/2008 (Richardson, Terry) (Entered: 12/21/2007)
9982007-12-26 MOTION to Strike Taylor, MOTION for Other Appropriate Relief ( Response to Motion due by 1/14/2008), MOTION for Order to Show Cause by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Memo in Support, # 2 Exhibit Attachment List, # 3 Exhibit Attachment 1, # 4 Exhibit Attachment 2, # 5 Exhibit Attachment 3)No proposed order(Tate, Ronald) Additional attachments filed as entries #1212, #1214 on 1/18/2008 (cbru, ). (Entered: 12/26/2007)
9992007-12-27 REPLY to Response to Motion re 986 MOTION to Strike "Alternate" Damages Calculations in "Corrected" Taylor Report Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments, # 2 Exhibit Att. 1, # 3 Exhibit Att. 2, # 4 Exhibit Att. 3)(Tate, Ronald) (Entered: 12/27/2007)
10002008-01-02 ORDER Plaintiff is directed to submit no later than January 7, 2008 proposed additional questions to be submitted with the jury questionnaire for the March 2008 term of court. The court will review the questions submitted by both parties and determine, in its discretion, which, if any, will be included as a supplement to the standard jury questionnaire. Signed by Honorable Margaret B Seymour on 12/31/2007. (mdea ) (Entered: 01/02/2008)
10022008-01-02 RESPONSE in Opposition re 926 MOTION in Limine re: Grade Crossing Accident at Ascauga Lake Road Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Richardson, Terry) (Entered: 01/02/2008)
10032008-01-02 RESPONSE in Opposition re 976 MOTION in Limine to Exclude the Introduction of Evidence for Which Avondale Failed to Satisfy its Burden of Proof MOTION to Clarify the Burden of Proof Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Richardson, Terry) (Entered: 01/02/2008)
10042008-01-02 RESPONSE in Opposition re 920 MOTION in Limine re: Lobbying Activities Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Butler, James) (Entered: 01/02/2008)
10052008-01-02 RESPONSE in Opposition re 918 MOTION in Limine re: Newspaper Articles, Media Accounts and Similar Materials Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Richardson, Terry) (Entered: 01/02/2008)
10062008-01-02 RESPONSE in Opposition re 908 MOTION in Limine re: Transportation of Hazardous Material Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Richardson, Terry) (Entered: 01/02/2008)
10072008-01-02 RESPONSE in Opposition re 914 MOTION in Limine re: NTSB Report Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Richardson, Terry) (Entered: 01/02/2008)
10082008-01-03 RESPONSE in Opposition re 903 MOTION in Limine to Limit or Exclude Certain Testimony of Avondale's Expert Robert Taylor Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit List, # 2 Exhibit 1)(Richardson, Terry) (Entered: 01/03/2008)
10092008-01-03 RESPONSE in Opposition re 898 MOTION in Limine to Exclude the Alternate Damage Opinions Disclaimed by Avondale's Expert Witness Robert J. Taylor Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Richardson, Terry) (Entered: 01/03/2008)
10102008-01-03 RESPONSE in Opposition re 959 MOTION in Limine to Exclude Certain Evidence Regarding Railroad Safety Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wray, Ronald) (Entered: 01/03/2008)
10112008-01-03 RESPONSE in Opposition re 982 MOTION in Limine to Limit or Exclude Evidence Related to Certain Testimony of Avondale's Expert Robert Del Genio Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Richardson, Terry) (Entered: 01/03/2008)
10122008-01-03 RESPONSE in Opposition re 921 MOTION in Limine re: Payment of Legal Representation for Ford, Thornton and Aiken Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit List, # 2 Exhibit 1)(Richardson, Terry) (Entered: 01/03/2008)
10132008-01-03 RESPONSE in Opposition re 917 MOTION in Limine re: Pressure on P-22 Crew by Customers Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Richardson, Terry) (Entered: 01/03/2008)
10142008-01-03 RESPONSE in Opposition re 900 MOTION in Limine to Exclude the Testimony of Robert Del Genio Concerning His January 5, 2005 Valuation of Avondale Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Butler, James) (Entered: 01/03/2008)
10152008-01-03 RESPONSE in Opposition re 939 MOTION in Limine to Exclude the Testimony of Dr. Thomas Malone Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Butler, James) (Entered: 01/03/2008)
10162008-01-03 RESPONSE in Opposition re 931 MOTION in Limine to Exclude Certain Lay Opinion Testimony of Avondale's Management Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit List, # 2 Exhibit 1, # 3 Exhibit 2)(Richardson, Terry) (Entered: 01/03/2008)
10172008-01-03 RESPONSE in Opposition re 944 MOTION in Limine to Exclude Certain Hearsay Testimony of Avondale Personnel Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Richardson, Terry) (Entered: 01/03/2008)
10182008-01-03 RESPONSE in Opposition re 899 MOTION in Limine Addressing Miscellaneous Evidentiary Issues Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Richardson, Terry) (Entered: 01/03/2008)
10192008-01-03 RESPONSE in Opposition re 916 MOTION in Limine to Exclude Evidence Related to Plaintiffs' Remediation Experts from Offering Opinions Based on Dr. Detter-Hoskin's Excluded Opinions Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Richardson, Terry) (Entered: 01/03/2008)
10202008-01-03 RESPONSE in Opposition re 962 MOTION in Limine Regarding Evidence of Deaths & Injuries of Avondale Employees Resulting from the Derailment Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Wray, Ronald) (Entered: 01/03/2008)
10212008-01-03 RESPONSE in Opposition re 970 MOTION in Limine to Introduce Evidence of Train Derailment, Scope & Impact of Subsequent Chlorine Release, & Post-Derailment Mitigation & Remediation Efforts to Establish Proximate Cause & Amount of Compensatory Damages in First Phase of Trial Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Wray, Ronald) (Entered: 01/03/2008)
10222008-01-03 RESPONSE in Opposition re 922 MOTION in Limine re: Settlement Policies, Settlement with Third Parties and Graniteville Claim Files Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Richardson, Terry) (Entered: 01/03/2008)
10232008-01-03 RESPONSE in Opposition re 925 MOTION in Limine re: Executive Compensation Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Richardson, Terry) (Entered: 01/03/2008)
10242008-01-03 RESPONSE in Opposition re 923 MOTION in Limine re: Statements by Norfolk Southern CEO to Avondale Management Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Butler, James) (Entered: 01/03/2008)
10252008-01-03 RESPONSE in Opposition re 937 MOTION in Limine to Exclude Testimony of John E. Slater Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(Richardson, Terry) (Entered: 01/03/2008)
10262008-01-03 RESPONSE in Opposition re 929 MOTION in Limine re: Evidence regarding Materiality of Derailment to Norfolk Southern's Financial Condition Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Butler, James) (Entered: 01/03/2008)
10272008-01-03 RESPONSE in Opposition re 905 MOTION in Limine Hours of Service Violations Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2)(Richardson, Terry) (Entered: 01/03/2008)
10282008-01-03 RESPONSE in Opposition re 965 MOTION in Limine to Exclude Evidence Related to Avondale's Fact Witnesses' Opinion Testimony Regarding Chlorine and Corrosion Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Butler, James) (Entered: 01/03/2008)
10292008-01-03 RESPONSE in Opposition re 915 MOTION in Limine re: Telephone Calls from Capps to Thornton Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Richardson, Terry) (Entered: 01/03/2008)
10302008-01-03 RESPONSE in Opposition re 928 MOTION in Limine re: Cory Veal Personnel File and References to Discovery Dispute Regarding Same Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)(Butler, James) (Entered: 01/03/2008)
10312008-01-03 RESPONSE in Opposition re 901 MOTION in Limine concerning Preempted Operational Claims Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Richardson, Terry) (Entered: 01/03/2008)
10322008-01-03 RESPONSE in Opposition re 911 MOTION in Limine re: Alleged Rules Violations Unrelated to Accident Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Richardson, Terry) (Entered: 01/03/2008)
10332008-01-04 RESPONSE in Opposition re 909 MOTION in Limine re: Aggregation of Negligence Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Richardson, Terry) (Entered: 01/04/2008)
10342008-01-04 RESPONSE in Opposition re 961 MOTION in Limine To Exclude Certain Photographs for Lack of Foundation Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit List of Attachments, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3)(Tate, Ronald) Modified text on 1/4/2008 (mdea, ). (Entered: 01/04/2008)
10352008-01-04 DOCKET ANNOTATION - NO Correction by attorney required. Entry 1034 modified to correct description of attachment #4, exhibit 3. (mdea ) (Entered: 01/04/2008)
10362008-01-04 RESPONSE in Opposition re 907 MOTION in Limine re: Testimony of Paul Bodnar and George Gavalla Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit List, # 2 Exhibit 1)(Richardson, Terry) (Entered: 01/04/2008)
10372008-01-04 RESPONSE in Opposition re 964 MOTION in Limine to Exclude the Koster Reports Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1)(Reeves, Phillip) (Entered: 01/04/2008)
10382008-01-04 RESPONSE in Opposition re 968 MOTION in Limine to Exclude Testimony Comparing the Quality of Domestic Textile Goods To That of Foreign Textile/Apparel Goods Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Richardson, Terry) (Entered: 01/04/2008)
10392008-01-04 RESPONSE in Opposition re 910 MOTION in Limine to Exclude Evidence Related to Testimony by Avondale's Financial Experts Regarding Their Subjective Assessments of the Quality of Avondale's Management Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit List, # 2 Exhibit 1)(Butler, James) (Entered: 01/04/2008)
10412008-01-04 RESPONSE in Opposition re 949 MOTION in Limine to Exclude the KSA Draft Report Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Att List, # 2 Exhibit Att 1, # 3 Exhibit Att 2, # 4 Exhibit Att 3, # 5 Exhibit Att 4, # 6 Exhibit Att 5)(Johnsen, Jennifer) (Entered: 01/04/2008)
10422008-01-04 RESPONSE in Opposition re 960 MOTION in Limine to Exclude Avondale's Non-Executive Employee Emails Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1)(Tate, Ronald) (Entered: 01/04/2008)
10432008-01-04 RESPONSE in Opposition re 912 MOTION in Limine re: Testimony of Dr. Charles A. Cziesler Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Richardson, Terry) (Entered: 01/04/2008)
10442008-01-04 RESPONSE in Opposition re 955 MOTION in Limine Regarding the Exclusion of Non-operating Assets from Avondale's Original Business Valuation Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3, # 5 Exhibit Attachment 4, # 6 Exhibit Attachment 5, # 7 Exhibit Attachment 6)(Boyd, W) (Entered: 01/04/2008)
10452008-01-04 RESPONSE in Opposition re 904 MOTION in Limine concerning Preempted Non-Operational Claims Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Butler, James) (Entered: 01/04/2008)
10462008-01-04 RESPONSE in Opposition re 934 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert John M. McKinney Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1)(Reeves, Phillip) Additional attachments filed as entry #1047 on 1/4/2008 (cbru, ). (Entered: 01/04/2008)
10472008-01-04 Additional Attachments to Main Document 1046 Response in Opposition to Motion, Attachment 2. (Attachments: # 1 Exhibit Attachment 3, # 2 Exhibit Attachment 4, # 3 Exhibit Attachment 5, # 4 Exhibit Attachment 6, # 5 Exhibit Attachment 7, # 6 Exhibit Attachment 8, # 7 Exhibit Attachment 9, # 8 Exhibit Attachment 10)(Reeves, Phillip) Modified docket text on 1/7/2008 (cbru, ). (Entered: 01/04/2008)
10482008-01-04 RESPONSE in Opposition re 956 MOTION for Gag Order Restricting Certain Prejudicial Pretrial Advertisements Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Wray, Ronald) (Entered: 01/04/2008)
10492008-01-04 RESPONSE in Opposition re 927 MOTION in Limine re: Seeling E-mail Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Butler, James) (Entered: 01/04/2008)
10502008-01-04 RESPONSE in Opposition re 977 MOTION in Limine to Exclude the Opinions and/or Certain Testimony of Avondale Expert Mary T. O'Rourke Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Butler, James) (Entered: 01/04/2008)
10512008-01-04 RESPONSE in Opposition re 953 MOTION in Limine to Exclude the Expert Testimony of Dr. Oliver G. Wood, Jr., as to Compensatory Damages Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Richardson, Terry) (Entered: 01/04/2008)
10522008-01-04 RESPONSE in Opposition re 935 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert Craig T. Elson Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3, # 5 Exhibit Attachment 4, # 6 Exhibit Attachment 5, # 7 Exhibit Attachment 6)(Boyd, W) (Entered: 01/04/2008)
10532008-01-04 RESPONSE in Opposition re 940 MOTION in Limine to Exclude Evidence of Avondale's Noncompliance with Environmental Regulations Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit List of Attachments, # 2 Exhibit Att. 1, # 3 Exhibit Att. 2, # 4 Exhibit Att. 3, # 5 Exhibit Att. 4)(Tate, Ronald) (Entered: 01/04/2008)
10542008-01-04 RESPONSE in Opposition re 913 MOTION in Limine re: Testimony of Robert J. Beaton Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit List, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Richardson, Terry) Modified description of attachment on 1/7/2008 (cbru, ). (Entered: 01/04/2008)
10552008-01-04 RESPONSE in Opposition re 952 MOTION in Limine to Exclude the Gibbs Reports Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3, # 5 Exhibit Attachment 4, # 6 Exhibit Attachment 5)(Tate, Ronald) (Entered: 01/04/2008)
10562008-01-04 RESPONSE in Opposition re 930 MOTION in Limine to Exclude Certain Testimony of Warren L. Beck Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2)(Boyd, W) (Entered: 01/04/2008)
10572008-01-04 RESPONSE in Opposition re 967 MOTION in Limine to Admit Statements of Co-Plaintiff Factory Mutual as Admissions of Avondale as Well Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Butler, James) (Entered: 01/04/2008)
10582008-01-04 RESPONSE in Opposition re 963 MOTION in Limine to Exclude the Rovetex AG and Werner International Consulting Reports Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3, # 5 Exhibit Attachment 4, # 6 Exhibit Attachment 5, # 7 Exhibit Attachment 6, # 8 Exhibit Attachment 7, # 9 Exhibit Attachment 8, # 10 Exhibit Attachment 9, # 11 Exhibit Attachment 10, # 12 Exhibit Attachment 11, # 13 Exhibit Attachment 12, # 14 Exhibit Attachment 13, # 15 Exhibit Attachment 14)(Reeves, Phillip) (Entered: 01/04/2008)
10592008-01-04 RESPONSE in Opposition re 954 MOTION in Limine to Exclude Evidence Related to Plaintiffs' Offering of Inflammatory Evidence Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Richardson, Terry) (Entered: 01/04/2008)
10602008-01-04 RESPONSE in Opposition re 933 MOTION in Limine to Limit Mr. Crosthwait's Opinions Regarding Alleged Equipment Damage to the Gregg Plant ABB System Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Richardson, Terry) (Entered: 01/04/2008)
10612008-01-04 RESPONSE in Opposition re 941 MOTION in Limine to Exclude, in Part, the Expert Testimony of Robert Baboian Under Daubert and Federal Rule of Evidence 702 Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Att List, # 2 Exhibit Att 1, # 3 Exhibit Att 2, # 4 Exhibit Att 3, # 5 Exhibit Att 4, # 6 Exhibit Att 5, # 7 Exhibit Att 6, # 8 Exhibit Att 7, # 9 Exhibit Att 8, # 10 Exhibit Att 9, # 11 Exhibit Att 10, # 12 Exhibit Att 11)(Tate, Ronald) (Entered: 01/04/2008)
10622008-01-04 RESPONSE in Opposition re 924 MOTION in Limine re: Exclude Evidence Related to Personal Injuries and Mental Anguish Suffered by Avondale Employees and Other 3rd Parties Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Butler, James) (Entered: 01/04/2008)
10632008-01-04 RESPONSE in Opposition re 972 MOTION in Limine to Exclude the Testimony of G. Watts Carr Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3, # 5 Exhibit Attachment 4)(Boyd, W) (Entered: 01/04/2008)
10642008-01-04 RESPONSE in Opposition re 942 MOTION in Limine Regarding Norfolk Southern's Financial Data Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Wray, Ronald) (Entered: 01/04/2008)
10652008-01-04 RESPONSE in Opposition re 966 MOTION in Limine to Exclude the 2004 South Carolina Tax Appeal Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2)(Tate, Ronald) (Entered: 01/04/2008)
10662008-01-04 RESPONSE in Opposition re 951 MOTION in Limine to Exclude the Pre-Derailment Purafil Report Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Att 1, # 3 Exhibit Att 2, # 4 Exhibit Att 3, # 5 Exhibit Att 4, # 6 Exhibit Att 5, # 7 Exhibit Att 6)(Johnsen, Jennifer) (Entered: 01/04/2008)
10672008-01-04 RESPONSE in Opposition re 950 MOTION in Limine to Exclude the Report and Testimony of Norfolk Southern's Proffered Expert Witness Joe Eudy Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3, # 5 Exhibit Attachment 4, # 6 Exhibit Attachment 5)(Reeves, Phillip) (Entered: 01/04/2008)
10682008-01-04 RESPONSE in Opposition re 948 MOTION in Limine Addressing Omnibus Remediation Issues Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Richardson, Terry) (Entered: 01/04/2008)
10692008-01-04 RESPONSE in Opposition re 975 MOTION in Limine to Exclude Evidence Relating to Avondale's Alternative Theory of Damages, Including Certain Testimony and Opinions of Avondale Mills' Expert Witness, Harold V. Meyer Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Butler, James) (Entered: 01/04/2008)
10702008-01-04 RESPONSE in Opposition re 936 MOTION in Limine to Exclude the Expert Testimony of John R. Scully Under Daubert and Federal Rule of Evidence 702 Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1)(Tate, Ronald) Additional attachments filed as entry #1071 on 1/4/2008 (cbru, ). (Entered: 01/04/2008)
10712008-01-04 Additional Attachments to Main Document 1070 Response in Opposition to Motion, Attachment 2. (Attachments: # 1 Exhibit Attachment 3, # 2 Exhibit Attachment 4, # 3 Exhibit Attachment 5, # 4 Exhibit Attachment 6, # 5 Exhibit Attachment 7, # 6 Exhibit Attachment 8, # 7 Exhibit Attachment 9, # 8 Exhibit Attachment 10, # 9 Exhibit Attachment 11, # 10 Exhibit Attachment 12, # 11 Exhibit Attachment 13)(Tate, Ronald) Modified docket text on 1/7/2008 (cbru, ). (Entered: 01/04/2008)
10722008-01-04 RESPONSE in Opposition re 958 MOTION in Limine to Exclude Moody, Standard & Poor, and Imperial Capital Financial Reports Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3, # 5 Exhibit Attachment 4, # 6 Exhibit Attachment 5, # 7 Exhibit Attachment 6, # 8 Exhibit Attachment 7, # 9 Exhibit Attachment 8, # 10 Exhibit Attachment 9, # 11 Exhibit Attachment 10)(Boyd, W) Additional attachment filed as entry #1074 on 1/4/2008 (cbru, ). Additional attachments filed as entry #1076 on 1/4/2008 (cbru, ). (Entered: 01/04/2008)
10732008-01-04 RESPONSE in Opposition re 919 MOTION in Limine To Exclude Evidence Related To Certain Post-May 26, 2006 "Cash Flow Losses" From Avondale's Damages Claims Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Richardson, Terry) (Entered: 01/04/2008)
10742008-01-04 Additional Attachments to Main Document 1072 Response in Opposition to Motion,, Attachment 11. (Boyd, W) (Entered: 01/04/2008)
10752008-01-04 RESPONSE in Opposition re 932 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert Kevin Garrity Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit List of Attachments, # 2 Exhibit Att. 1, # 3 Exhibit Att. 2, # 4 Exhibit Att. 3, # 5 Exhibit Att. 4, # 6 Exhibit Att. 5, # 7 Exhibit Att. 6, # 8 Exhibit Att. 7, # 9 Exhibit Att. 8, # 10 Exhibit Att. 9, # 11 Exhibit Att. 10)(Johnsen, Jennifer) (Entered: 01/04/2008)
10762008-01-04 Additional Attachments to Main Document 1072 Response in Opposition to Motion,, Attachment 12. (Attachments: # 1 Exhibit Attachment 13, # 2 Exhibit Attachment 14, # 3 Exhibit Attachment 15)(Boyd, W) Modified docket text on 1/7/2008 (cbru, ). (Entered: 01/04/2008)
10772008-01-04 RESPONSE in Opposition re 945 MOTION in Limine to Exclude Reference to Issues of Law Previously Decided by Court Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Boyd, W) (Entered: 01/04/2008)
10782008-01-04 RESPONSE in Opposition re 943 MOTION in Limine to Exclude Evidence Related to Any Reference to Unprofitable Lost Business Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2)(Butler, James) (Entered: 01/04/2008)
10792008-01-04 RESPONSE in Opposition re 973 MOTION in Limine for Ruling that Avondale Must Include in Its Final Liquidation Value the $100 Million Payment It Received From Factory Mutual Immediately Before Deciding To Cease Operations Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Richardson, Terry) (Entered: 01/04/2008)
10802008-01-04 RESPONSE in Opposition re 974 MOTION in Limine to Exclude Irrelevant Evidence Intended to Embarrass & Harass Avondale Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Att List, # 2 Exhibit Att 1, # 3 Exhibit Att 2, # 4 Exhibit Att 3, # 5 Exhibit Att 4, # 6 Exhibit Att 5, # 7 Exhibit Att 6, # 8 Exhibit Att 7, # 9 Exhibit Att 8, # 10 Exhibit Att 9, # 11 Exhibit Att 10, # 12 Exhibit Att 11, # 13 Exhibit Att 12, # 14 Exhibit Att 13, # 15 Exhibit Att 14, # 16 Exhibit Att 15, # 17 Exhibit Att 16, # 18 Exhibit Att 17)(Johnsen, Jennifer) (Entered: 01/04/2008)
10812008-01-04 MOTION to Strike "Corrected" Meyer Report by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 1/22/2008 (Attachments: # 1 Memo in Support, # 2 Exhibit Attachment List, # 3 Exhibit Attachment 1, # 4 Exhibit Attachment 2, # 5 Exhibit Attachment 3, # 6 Exhibit Attachment 4, # 7 Exhibit Attachment 5, # 8 Exhibit Attachment 6)No proposed order(Reeves, Phillip) (Entered: 01/04/2008)
1081.1
1081.2
1081.3
1081.4
1081.5
1081.6
1081.7
1081.8
10822008-01-04 RESPONSE in Opposition re 906 MOTION in Limine related to certain "other accidents" Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Richardson, Terry) Additional attachments filed as entries #1083-1087 on 1/4/2008 (cbru, ). (Entered: 01/04/2008)
10832008-01-04 Additional Attachments to Main Document 1082 Response in Opposition to Motion, Exhibit 7(a). (Richardson, Terry) (Entered: 01/04/2008)
10842008-01-04 Additional Attachments to Main Document 1082 Response in Opposition to Motion, Exhibit 7(b-1). (Richardson, Terry) (Entered: 01/04/2008)
10852008-01-04 Additional Attachments to Main Document 1082 Response in Opposition to Motion, Exhibit 7(b-2). (Richardson, Terry) (Entered: 01/04/2008)
10862008-01-04 Additional Attachments to Main Document 1082 Response in Opposition to Motion, Exhibit 7(c). (Richardson, Terry) (Entered: 01/04/2008)
10872008-01-04 Additional Attachments to Main Document 1082 Response in Opposition to Motion, Exhibit 8. (Attachments: # 1 Exhibit 9, # 2 Exhibit 10, # 3 Exhibit 11, # 4 Exhibit 12, # 5 Exhibit 13, # 6 Exhibit 14, # 7 Exhibit 15, # 8 Exhibit 16, # 9 Exhibit 17, # 10 Exhibit 18)(Richardson, Terry) (Entered: 01/04/2008)
10882008-01-07 Deficiency Memo re #1040 RESPONSE in Opposition to Motion. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 1/8/2008. (cbru, ) (Entered: 01/07/2008)
10892008-01-04 RESPONSE in Opposition re 902 MOTION in Limine to Preclude Testimony Pursuant to Rule 702 and to Preclude Expert Testimony Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/14/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Richardson, Terry) Modified date filed and Reply to Response to Motion due date on 1/8/2008 (cbru, ). (Entered: 01/07/2008)
10902008-01-07 Proposed Voir Dire by Avondale Mills Incorporated. (Attachments: # 1 Exhibit A)(Richardson, Terry) (Entered: 01/07/2008)
10912008-01-07 RULE 26(a)(3)PRETRIAL DISCLOSURES by Norfolk Southern Railway Company, Norfolk Southern Corporation. Objections to PreTrial Disclosures due by 1/24/2008. (Attachments: # 1 Exhibit Att. A-1, # 2 Exhibit Att. A-2, # 3 Exhibit Att. B, # 4 Exhibit Att. C-1, # 5 Exhibit Att. C-2)(Boyd, W) (Entered: 01/07/2008)
10922008-01-07 RULE 26(a)(3)PRETRIAL DISCLOSURES by Avondale Mills Incorporated. Objections to PreTrial Disclosures due by 1/24/2008. (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B-1)(Richardson, Terry) Additional attachments filed as entries #1093-1097 on 1/7/2008 (cbru, ). Additional attachments filed as entries #1104-1105 on 1/8/2008 (cbru, ). Additional attachments filed as entry 1232 on 1/29/2008 (cbru, ). Additional attachment filed as entry 1263 on 2/13/2008 (cbru, ). Additional attachment filed as entry 1276 on 2/21/2008 (cbru, ). (Entered: 01/07/2008)
10932008-01-07 Additional Attachments to Main Document 1092 Pretrial Disclosures Attachment B-2. (Attachments: # 1 Exhibit Attachment B-3)(Richardson, Terry) Modified docket text on 1/8/2008 (cbru, ). (Entered: 01/07/2008)
10942008-01-07 Additional Attachments to Main Document 1092 Pretrial Disclosures Attachment B-4. (Richardson, Terry) (Entered: 01/07/2008)
10952008-01-07 Additional Attachments to Main Document 1092 Pretrial Disclosures Attachment C. (Richardson, Terry) (Entered: 01/07/2008)
10962008-01-07 Additional Attachments to Main Document 1092 Pretrial Disclosures Attachment D-1. (Richardson, Terry) (Entered: 01/07/2008)
10972008-01-07 Additional Attachments to Main Document 1092 Pretrial Disclosures Attachment D-2. (Richardson, Terry) (Entered: 01/07/2008)
11002008-01-08 ENTRY DELETED re 1088 Deficiency Memo Corrected Filing Document Number: 1089 Modified filing date to that of original filing: 1/4/2008 Reply to Response due date modified to that of original filing: 1/14/2008 (cbru, ) (Entered: 01/08/2008)
11012008-01-08 ENTRY DELETED - Entry #1099 deleted due to the fact that it was a duplicate of entry #1098. (cbru, ) (Entered: 01/08/2008)
11022008-01-08 REPLY by Norfolk Southern Railway Company, Norfolk Southern Corporationto 1090 Proposed Voir Dire. (Boyd, W) (Entered: 01/08/2008)
11032008-01-08 ENTRY DELETED - Entry #1098 deleted per request of the filing attorney. Entry to be refiled with correct PDF attached. (cbru, ) (Entered: 01/08/2008)
11042008-01-08 Additional Attachments to Main Document 1092 Pretrial Disclosures, Attachment E. (Richardson, Terry) Modified docket text on 1/9/2008 (cbru, ). (Entered: 01/08/2008)
11052008-01-08 Additional Attachments to Main Document 1092 Pretrial Disclosures, Attachment F. (Richardson, Terry) Modified docket text on 1/9/2008 (cbru, ). (Entered: 01/08/2008)
11062008-01-10 MOTION to set aside trial date and pre-trial schedule by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 1/28/2008 (Attachments: # 1 Exhibit List of Attachments, # 2 Exhibit Att. 1, # 3 Exhibit Att. 2, # 4 Exhibit Att. 3, # 5 Exhibit Att. 4, # 6 Exhibit Att. 5, # 7 Exhibit Att. 6, # 8 Exhibit Att. 7, # 9 Exhibit Att. 8, # 10 Exhibit Att. 9)No proposed order(Boyd, W) Modified docket text on 1/11/2008 (cbru, ). (Entered: 01/10/2008)
11082008-01-10 REPLY to Response to Motion re 935 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert Craig T. Elson Response filed by Avondale Mills Incorporated. (Richardson, Terry) (Entered: 01/10/2008)
11092008-01-10 REPLY to Response to Motion re 898 MOTION in Limine to Exclude the Alternate Damage Opinions Disclaimed by Avondale's Expert Witness Robert J. Taylor Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Boyd, W) (Entered: 01/10/2008)
11102008-01-10 REPLY to Response to Motion re 936 MOTION in Limine to Exclude the Expert Testimony of John R. Scully Under Daubert and Federal Rule of Evidence 702 Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Richardson, Terry) Additional attachments filed as entries #1184-1185 on 1/10/2008 (cbru, ). (Entered: 01/10/2008)
11132008-01-10 REPLY to Response to Motion re 939 MOTION in Limine to Exclude the Testimony of Dr. Thomas Malone Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit Att List, # 2 Exhibit Att 1)(Johnsen, Jennifer) (Entered: 01/10/2008)
11142008-01-10 REPLY to Response to Motion re 930 MOTION in Limine to Exclude Certain Testimony of Warren L. Beck Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Richardson, Terry) (Entered: 01/10/2008)
11162008-01-10 REPLY to Response to Motion re 970 MOTION in Limine to Introduce Evidence of Train Derailment, Scope & Impact of Subsequent Chlorine Release, & Post-Derailment Mitigation & Remediation Efforts to Establish Proximate Cause & Amount of Compensatory Damages in First Phase of Trial Response filed by Avondale Mills Incorporated. (Butler, James) (Entered: 01/10/2008)
11172008-01-10 REPLY to Response to Motion re 903 MOTION in Limine to Limit or Exclude Certain Testimony of Avondale's Expert Robert Taylor Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Boyd, W) (Entered: 01/10/2008)
11182008-01-10 REPLY to Response to Motion re 972 MOTION in Limine to Exclude the Testimony of G. Watts Carr Response filed by Avondale Mills Incorporated. (Butler, James) (Entered: 01/10/2008)
11192008-01-10 REPLY to Response to Motion re 941 MOTION in Limine to Exclude, in Part, the Expert Testimony of Robert Baboian Under Daubert and Federal Rule of Evidence 702 Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Butler, James) (Entered: 01/10/2008)
11202008-01-10 REPLY to Response to Motion re 910 MOTION in Limine to Exclude Evidence Related to Testimony by Avondale's Financial Experts Regarding Their Subjective Assessments of the Quality of Avondale's Management Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Johnsen, Jennifer) (Entered: 01/10/2008)
11212008-01-10 REPLY to Response to Motion re 943 MOTION in Limine to Exclude Evidence Related to Any Reference to Unprofitable Lost Business Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments, # 2 Exhibit Attachment 1)(Boyd, W) (Entered: 01/10/2008)
11222008-01-10 REPLY to Response to Motion re 924 MOTION in Limine re: Exclude Evidence Related to Personal Injuries and Mental Anguish Suffered by Avondale Employees and Other 3rd Parties Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11232008-01-10 REPLY to Response to Motion re 928 MOTION in Limine re: Cory Veal Personnel File and References to Discovery Dispute Regarding Same Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11242008-01-10 REPLY to Response to Motion re 927 MOTION in Limine re: Seeling E-mail Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11252008-01-10 REPLY to Response to Motion re 922 MOTION in Limine re: Settlement Policies, Settlement with Third Parties and Graniteville Claim Files Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11262008-01-10 REPLY to Response to Motion re 923 MOTION in Limine re: Statements by Norfolk Southern CEO to Avondale Management Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11272008-01-10 REPLY to Response to Motion re 982 MOTION in Limine to Limit or Exclude Evidence Related to Certain Testimony of Avondale's Expert Robert Del Genio Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Boyd, W) (Entered: 01/10/2008)
11282008-01-10 REPLY to Response to Motion re 931 MOTION in Limine to Exclude Certain Lay Opinion Testimony of Avondale's Management Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Johnsen, Jennifer) (Entered: 01/10/2008)
11292008-01-10 REPLY to Response to Motion re 964 MOTION in Limine to Exclude the Koster Reports Response filed by Factory Mutual Insurance Company. (Logan, James) (Entered: 01/10/2008)
11302008-01-10 REPLY to Response to Motion re 929 MOTION in Limine re: Evidence regarding Materiality of Derailment to Norfolk Southern's Financial Condition Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11312008-01-10 REPLY to Response to Motion re 925 MOTION in Limine re: Executive Compensation Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11322008-01-10 REPLY to Response to Motion re 960 MOTION in Limine to Exclude Avondale's Non-Executive Employee Emails Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit List, # 2 Exhibit 1, # 3 Exhibit 2)(Richardson, Terry) (Entered: 01/10/2008)
11332008-01-10 REPLY to Response to Motion re 945 MOTION in Limine to Exclude Reference to Issues of Law Previously Decided by Court Response filed by Avondale Mills Incorporated. (Richardson, Terry) (Entered: 01/10/2008)
11342008-01-10 REPLY to Response to Motion re 901 MOTION in Limine concerning Preempted Operational Claims Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11352008-01-10 REPLY to Response to Motion re 917 MOTION in Limine re: Pressure on P-22 Crew by Customers, 915 MOTION in Limine re: Telephone Calls from Capps to Thornton Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11362008-01-10 REPLY to Response to Motion re 908 MOTION in Limine re: Transportation of Hazardous Material Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11372008-01-10 REPLY to Response to Motion re 920 MOTION in Limine re: Lobbying Activities Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11382008-01-10 REPLY to Response to Motion re 918 MOTION in Limine re: Newspaper Articles, Media Accounts and Similar Materials Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11392008-01-10 REPLY to Response to Motion re 902 MOTION in Limine to Preclude Testimony Pursuant to Rule 702 and to Preclude Expert Testimony Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit A)(Wray, Ronald) (Entered: 01/10/2008)
11402008-01-10 REPLY to Response to Motion re 933 MOTION in Limine to Limit Mr. Crosthwait's Opinions Regarding Alleged Equipment Damage to the Gregg Plant ABB System Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Tate, Ronald) (Entered: 01/10/2008)
11412008-01-10 REPLY to Response to Motion re 904 MOTION in Limine concerning Preempted Non-Operational Claims Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11422008-01-10 REPLY to Response to Motion re 912 MOTION in Limine re: Testimony of Dr. Charles A. Cziesler Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit A)(Wray, Ronald) (Entered: 01/10/2008)
11432008-01-10 REPLY to Response to Motion re 921 MOTION in Limine re: Payment of Legal Representation for Ford, Thornton and Aiken Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11442008-01-10 REPLY to Response to Motion re 905 MOTION in Limine Hours of Service Violations Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11452008-01-10 REPLY to Response to Motion re 906 MOTION in Limine related to certain "other accidents" Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit A)(Wray, Ronald) (Entered: 01/10/2008)
11462008-01-10 REPLY to Response to Motion re 913 MOTION in Limine re: Testimony of Robert J. Beaton Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11472008-01-10 REPLY to Response to Motion re 907 MOTION in Limine re: Testimony of Paul Bodnar and George Gavalla Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11482008-01-10 REPLY to Response to Motion re 914 MOTION in Limine re: NTSB Report Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11492008-01-10 REPLY to Response to Motion re 966 MOTION in Limine to Exclude the 2004 South Carolina Tax Appeal Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2)(Richardson, Terry) (Entered: 01/10/2008)
11502008-01-10 REPLY to Response to Motion re 911 MOTION in Limine re: Alleged Rules Violations Unrelated to Accident, 909 MOTION in Limine re: Aggregation of Negligence Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Wray, Ronald) (Entered: 01/10/2008)
11512008-01-10 REPLY to Response to Motion re 932 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert Kevin Garrity Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Butler, James) (Entered: 01/10/2008)
11522008-01-10 REPLY to Response to Motion re 949 MOTION in Limine to Exclude the KSA Draft Report Response filed by Avondale Mills Incorporated. (Richardson, Terry) (Entered: 01/10/2008)
11532008-01-10 REPLY to Response to Motion re 976 MOTION in Limine to Exclude the Introduction of Evidence for Which Avondale Failed to Satisfy its Burden of Proof MOTION to Clarify the Burden of Proof as to Plaintiffs' Alleged Consequential Damages Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Boyd, W) (Entered: 01/10/2008)
11542008-01-10 REPLY to Response to Motion re 934 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert John M. McKinney Response filed by Avondale Mills Incorporated. (Butler, James) (Entered: 01/10/2008)
11552008-01-10 REPLY to Response to Motion re 919 MOTION in Limine To Exclude Evidence Related To Certain Post-May 26, 2006 "Cash Flow Losses" From Avondale's Damages Claims Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Boyd, W) (Entered: 01/10/2008)
11562008-01-10 REPLY to Response to Motion re 958 MOTION in Limine to Exclude Moody, Standard & Poor, and Imperial Capital Financial Reports Response filed by Avondale Mills Incorporated. (Richardson, Terry) (Entered: 01/10/2008)
11572008-01-10 REPLY to Response to Motion re 940 MOTION in Limine to Exclude Evidence of Avondale's Noncompliance with Environmental Regulations Response filed by Avondale Mills Incorporated. (Richardson, Terry) (Entered: 01/10/2008)
11582008-01-10 REPLY to Response to Motion re 948 MOTION in Limine Addressing Omnibus Remediation Issues Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Tate, Ronald) (Entered: 01/10/2008)
11592008-01-10 REPLY to Response to Motion re 974 MOTION in Limine to Exclude Irrelevant Evidence Intended to Embarrass & Harass Avondale Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Richardson, Terry) (Entered: 01/10/2008)
11602008-01-10 REPLY to Response to Motion re 962 MOTION in Limine Regarding Evidence of Deaths & Injuries of Avondale Employees Resulting from the Derailment Response filed by Avondale Mills Incorporated. (Butler, James) (Entered: 01/10/2008)
11612008-01-10 REPLY to Response to Motion re 956 MOTION for Gag Order Restricting Certain Prejudicial Pretrial Advertisements Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2)(Richardson, Terry) (Entered: 01/10/2008)
11622008-01-10 REPLY to Response to Motion re 953 MOTION in Limine to Exclude the Expert Testimony of Dr. Oliver G. Wood, Jr., as to Compensatory Damages Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Boyd, W) (Entered: 01/10/2008)
11632008-01-10 REPLY to Response to Motion re 965 MOTION in Limine to Exclude Evidence Related to Avondale's Fact Witnesses' Opinion Testimony Regarding Chlorine and Corrosion Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit Att List, # 2 Exhibit Att 1, # 3 Exhibit Att 2, # 4 Exhibit Att 3, # 5 Exhibit Att 4)(Tate, Ronald) (Entered: 01/10/2008)
11642008-01-10 REPLY to Response to Motion re 952 MOTION in Limine to Exclude the Gibbs Reports Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Richardson, Terry) (Entered: 01/10/2008)
11652008-01-10 REPLY to Response to Motion re 951 MOTION in Limine to Exclude the Pre-Derailment Purafil Report Response filed by Avondale Mills Incorporated. (Butler, James) (Entered: 01/10/2008)
11662008-01-10 REPLY to Response to Motion re 955 MOTION in Limine Regarding the Exclusion of Non-operating Assets from Avondale's Original Business Valuation Response filed by Avondale Mills Incorporated. (Richardson, Terry) (Entered: 01/10/2008)
11672008-01-10 REPLY to Response to Motion re 954 MOTION in Limine to Exclude Evidence Related to Plaintiffs' Offering of Inflammatory Evidence Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Johnsen, Jennifer) (Entered: 01/10/2008)
11682008-01-10 REPLY to Response to Motion re 944 MOTION in Limine to Exclude Certain Hearsay Testimony of Avondale Personnel Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Johnsen, Jennifer) (Entered: 01/10/2008)
11692008-01-10 REPLY to Response to Motion re 968 MOTION in Limine to Exclude Testimony Comparing the Quality of Domestic Textile Goods To That of Foreign Textile/Apparel Goods Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Johnsen, Jennifer) (Entered: 01/10/2008)
11702008-01-10 REPLY to Response to Motion re 937 MOTION in Limine to Exclude Testimony of John E. Slater Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3, # 5 Exhibit Attachment 4, # 6 Exhibit Attachment 5, # 7 Exhibit Attachment 6, # 8 Exhibit Attachment 7)(Tate, Ronald) (Entered: 01/10/2008)
11712008-01-10 REPLY to Response to Motion re 950 MOTION in Limine to Exclude the Report and Testimony of Norfolk Southern's Proffered Expert Witness Joe Eudy Response filed by Avondale Mills Incorporated. (Butler, James) (Entered: 01/10/2008)
11722008-01-10 REPLY to Response to Motion re 942 MOTION in Limine Regarding Norfolk Southern's Financial Data Response filed by Avondale Mills Incorporated. (Richardson, Terry) (Entered: 01/10/2008)
11732008-01-10 REPLY to Response to Motion re 975 MOTION in Limine to Exclude Evidence Relating to Avondale's Alternative Theory of Damages, Including Certain Testimony and Opinions of Avondale Mills' Expert Witness, Harold V. Meyer Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Reeves, Phillip) (Entered: 01/10/2008)
11742008-01-10 REPLY to Response to Motion re 899 MOTION in Limine Addressing Miscellaneous Evidentiary Issues Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Reeves, Phillip) (Entered: 01/10/2008)
11752008-01-10 REPLY to Response to Motion re 973 MOTION in Limine for Ruling that Avondale Must Include in Its Final Liquidation Value the $100 Million Payment It Received From Factory Mutual Immediately Before Deciding To Cease Operations Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachment, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3)(Boyd, W) (Entered: 01/10/2008)
11762008-01-10 REPLY to Response to Motion re 967 MOTION in Limine to Admit Statements of Co-Plaintiff Factory Mutual as Admissions of Avondale as Well Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3)(Reeves, Phillip) (Entered: 01/10/2008)
11772008-01-10 REPLY to Response to Motion re 916 MOTION in Limine to Exclude Evidence Related to Plaintiffs' Remediation Experts from Offering Opinions Based on Dr. Detter-Hoskin's Excluded Opinions Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit List of Attachments, # 2 Exhibit Att. 1, # 3 Exhibit Att. 2, # 4 Exhibit Att. 3, # 5 Exhibit Att. 4, # 6 Exhibit Att. 5)(Tate, Ronald) (Entered: 01/10/2008)
11782008-01-10 REPLY to Response to Motion re 961 MOTION in Limine To Exclude Certain Photographs for Lack of Foundation Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Butler, James) (Entered: 01/10/2008)
11792008-01-10 REPLY to Response to Motion re 977 MOTION in Limine to Exclude the Opinions and/or Certain Testimony of Avondale Expert Mary T. O'Rourke Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Johnsen, Jennifer) (Entered: 01/10/2008)
11802008-01-10 REPLY to Response to Motion re 959 MOTION in Limine to Exclude Certain Evidence Regarding Railroad Safety Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Butler, James) (Entered: 01/10/2008)
11812008-01-11 Deficiency Memo re #1111 REPLY to Response to Motion, #1112 REPLY to Response to Motion. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 1/12/2008. (cbru, ) (Entered: 01/11/2008)
11822008-01-11 Deficiency Memo re #1115 RESPONSE in Support of Motion. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 1/12/2008. (cbru, ) (Entered: 01/11/2008)
11832008-01-10 REPLY to Response to Motion re 900 MOTION in Limine to Exclude the Testimony of Robert Del Genio Concerning His January 5, 2005 Valuation of Avondale Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Boyd, W) Modified date filed on 1/14/2008 (cbru, ). (Entered: 01/11/2008)
11842008-01-10 Additional Attachments to Main Document 1110 Reply to Response to Motion, Exhibit 4, Part 1 of 2. (Richardson, Terry) Modified date filed on 1/14/2008 (cbru, ). (Entered: 01/11/2008)
11852008-01-10 Additional Attachments to Main Document 1110 Reply to Response to Motion, Exhibit 4, Part 2 of 2. (Richardson, Terry) Modified date filed on 1/14/2008 (cbru, ). (Entered: 01/11/2008)
11862008-01-11 MOTION to Expedite Response and Hearing in Connection wtih the Motion to Set Aside Date and Pretrial Schedule by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 1/29/2008 No proposed order(Reeves, Phillip) (Entered: 01/11/2008)
11872008-01-11 RESPONSE in Opposition re 998 MOTION to Strike Taylor MOTION for Other Appropriate Relief MOTION for Order to Show Cause Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/22/2008 (Richardson, Terry) (Entered: 01/11/2008)
11882008-01-11 MOTION to Determine the Sufficiency of Plaintiffs' Objections and Responses and Deem Admitted Norfolk Southern's Third Sets of Requests for Admissions and for Costs by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 1/29/2008 (Attachments: # 1 Memo in Support, # 2 Exhibit List of Attachments, # 3 Exhibit Attachment 1, # 4 Exhibit Attachment 2, # 5 Exhibit Attachment 3)No proposed order(Reeves, Phillip) Modified docket text on 1/14/2008 (cbru, ). Additional attachments added as entries #1189-1190 on 1/12/2008. (Entered: 01/11/2008)
11892008-01-12 Additional Attachments to Main Document 1188 MOTION to Determine the Sufficiency of Plaintiffs' Objections and Responses and Deem Admitted Norfolk Southern's Third Sets of Requests for Admissions and for Costs Attachment 4. (Attachments: # 1 Exhibit Attachment 5, # 2 Exhibit Attachment 6, # 3 Exhibit Attachment 7, # 4 Exhibit Attachment 8, # 5 Exhibit Attachment 9, # 6 Exhibit Attachment 10, # 7 Exhibit Attachment 11, # 8 Exhibit Attachment 12, # 9 Exhibit Attachment 13, # 10 Exhibit Attachment 14, # 11 Exhibit Attachment 15, # 12 Exhibit Attachment 16, # 13 Exhibit Attachment 17, # 14 Exhibit Attachment 18, # 15 Exhibit Attachment 19, # 16 Exhibit Attachment 20)(Reeves, Phillip) Modified docket text on 1/14/2008 (cbru, ). (Entered: 01/12/2008)
11902008-01-12 Additional Attachments to Main Document 1188 MOTION to Determine the Sufficiency of Plaintiffs' Objections and Responses and Deem Admitted Norfolk Southern's Third Sets of Requests for Admissions and for Costs Attachment 21. (Attachments: # 1 Exhibit Attachment 22, # 2 Exhibit Attachment 23, # 3 Exhibit Attachment 24, # 4 Exhibit Attachment 25, # 5 Exhibit Attachment 26, # 6 Exhibit Attachment 27, # 7 Exhibit Attachment 28)(Reeves, Phillip) Modified docket text on 1/14/2008 (cbru, ). (Entered: 01/12/2008)
11912008-01-14 ENTRY DELETED re 1181 Deficiency Memo Corrected Filing Document Number: 1184, 1185 Modified filing date to that of original filing: 1/10/2008 (cbru, ) (Entered: 01/14/2008)
11922008-01-14 ENTRY DELETED re 1182 Deficiency Memo Corrected Filing Document Number: 1183 Modified filing date to that of original filing: 1/10/2008 (cbru, ) (Entered: 01/14/2008)
11932008-01-14 NOTICE of Hearing: Jury Selection set for 3/5/2008 10:00 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour (cbru, ) (Entered: 01/14/2008)
11952008-01-14 MOTION To Preclude Testimony of Dr. Detter-Hoskin at the January 17 & 18, 2008 Hearing re 884 MOTION re 878 Order on Motion in Limine, Motion for Clarification Regarding Scope of Court Order #878 (Detter-Hoskins) by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 2/1/2008 (Attachments: # 1 Exhibit Att List, # 2 Exhibit Att 1, # 3 Exhibit Att 2)No proposed order(Tate, Ronald) Modified docket text on 1/15/2008 (cbru, ). (Entered: 01/14/2008)
11962008-01-14 RESPONSE in Opposition re 1081 MOTION to Strike "Corrected" Meyer Report Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 1/25/2008 (Richardson, Terry) (Entered: 01/14/2008)
11972008-01-14 REPLY to Response to Motion re 998 MOTION to Strike Taylor MOTION for Other Appropriate Relief MOTION for Order to Show Cause Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Att. 1, # 3 Exhibit Att. 2, # 4 Exhibit Att. 3, # 5 Exhibit Att. 4)(Boyd, W) (Entered: 01/14/2008)
11982008-01-15 ORDER terminating 884 Motion for clarification re: scope of order #878 re: testimony of Lisa Detter-Hoskin. The court finds this expert's opinions to be unreliable under Daubert. Therefore, she is excluded from testifying as an expert in this case. Signed by Honorable Margaret B Seymour on 1/14/2008.(mdea ) (Entered: 01/15/2008)
11992008-01-15 ORDER denying 890 Motion to Strike Signed by Honorable Margaret B Seymour on 1/14/2008.(mdea ) (Entered: 01/15/2008)
12002008-01-15 ORDER granting 765 Motion clarification regarding scope of order #740. The court finds that the FRA considers internal rule-making to be an area over which it has ultimate authority to regulate. The FRA has made the decision not to promulgate a comprehensive set of uniform national operating rules, but instead has addressed selected subjects as it deems necessary. The court concludes that Plaintiffs contentions regarding Defendants internal operating rules are preempted. Defendants motion for partial summary judgment is granted as to this issue. Signed by Honorable Margaret B Seymour on 1/14/2008.(mdea ) (Entered: 01/15/2008)
12012008-01-15 ORDER denying 898 Motion in Limine without prejudice to re-raise at trial if circumstances so warrant; denying 899 Motion in Limine without prejudice; denying 900 Motion in Limine without prejudice; granting 901 Motion in Limine; denying 903 Motion in Limine; granting in part and denying in part 904 Motion in Limine; granting in part and denying in part 905 Motion in Limine; granting in part and denying in part 907 Motion in Limine; granting 908 Motion in Limine; granting 909 Motion in Limine; denying 910 Motion in Limine without prejudice; granting 911 Motion in Limine; granting 912 Motion in Limine; denying 914 Motion in Limine with leave to reassert at trial if circumstances warrant; denying 918 Motion in Limine. The motion hearing set for Friday, January 18, 2008 is cancelled and will be rescheduled if necessary. Signed by Honorable Margaret B Seymour on 1/15/2008.(mdea ) (Entered: 01/15/2008)
12022008-01-15 NOTICE of Cancellation of Hearing: motion hearing set for 1/18/2008 at 10:00 am. (mdea ) (Entered: 01/15/2008)
12042008-01-16 ORDER granting 993 Motion for supplemental juror questionnaire. The court will determine which, if any, questions are appropriate to supplement the jury questionnaire. Signed by Honorable Margaret B Seymour on 1/16/2008.(mdea ) (Entered: 01/16/2008)
12052008-01-16 ORDER denying as moot 1195 Motion to preclude testimony of Dr. Detter-Hoskin at 1/17/2008 hearing. Signed by Honorable Margaret B Seymour on 1/16/2008.(mdea ) (Entered: 01/16/2008)
12062008-01-16 ORDER denying 919 Motion in Limine; granting 920 Motion in Limine; denying 921 Motion in Limine; granting 922 Motion in Limine; denying 923 Motion in Limine; granting 924 Motion in Limine; granting in part and denying in part 925 Motion in Limine; granting 926 Motion in Limine; granting 929 Motion in Limine; denying 930 Motion in Limine; denying 943 Motion in Limine; granting 945 Motion in Limine; granting in part and denying in part 954 Motion in Limine; denying as moot 956 Motion for a gag order; denying 962 Motion in Limine; granting in part and denying in part 970 Motion in Limine; denying 976 Motion in Limine. Signed by Honorable Margaret B Seymour on 1/16/2008.(mdea ) (Entered: 01/16/2008)
12072008-01-16 NOTICE of Hearing on Motion 950 MOTION in Limine to Exclude the Report and Testimony of Norfolk Southern's Proffered Expert Witness Joe Eudy, 935 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert Craig T. Elson, 972 MOTION in Limine to Exclude the Testimony of G. Watts Carr, 977 MOTION in Limine to Exclude the Opinions and/or Certain Testimony of Avondale Expert Mary T. O'Rourke, 941 MOTION in Limine to Exclude, in Part, the Expert Testimony of Robert Baboian Under Daubert and Federal Rule of Evidence 702, 902 MOTION in Limine to Preclude Testimony Pursuant to Rule 702 and to Preclude Expert Testimony, 934 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert John M. McKinney, 932 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert Kevin Garrity : Motion Hearing set for 1/29/2008 10:00 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (cbru, ) (Entered: 01/16/2008)
12082008-01-16 NOTICE OF RESCHEDULED HEARING Jury Selection set for 3/5/2008 10:00 AM cancelled and rescheduled to: Jury Selection set for 3/6/2008 10:00 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour (cbru, ) (Entered: 01/16/2008)
12092008-01-16 AMENDED NOTICE of Hearing on Motion 931 MOTION in Limine to Exclude Certain Lay Opinion Testimony of Avondale's Management, 906 MOTION in Limine related to certain "other accidents", 1081 MOTION to Strike "Corrected" Meyer Report, 998 MOTION to Strike Taylor MOTION for Other Appropriate Relief MOTION for Order to Show Cause, 1106 MOTION to set aside trial date and pre-trial schedule, 916 MOTION in Limine to Exclude Evidence Related to Plaintiffs' Remediation Experts from Offering Opinions Based on Dr. Detter-Hoskin's Excluded Opinions, 986 MOTION to Strike "Alternate" Damages Calculations in "Corrected" Taylor Report, 967 MOTION in Limine to Admit Statements of Co-Plaintiff Factory Mutual as Admissions of Avondale as Well: Motion Hearing set for 1/17/2008 10:00 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. The court will decide the remaining outstanding motions, except Daubert motions, on the briefs. (mdea ) (Entered: 01/16/2008)
12112008-01-17 Minute Entry. Proceedings held before Honorable Margaret B Seymour: denying 906 Motion in Limine; granting 916 Motion in Limine; denying 931 Motion in Limine without prejudice with leave to reassert at trial; denying 959 Motion in Limine; denying 967 Motion in Limine; denying 1106 Motion; taking under advisement pending further briefing motion 986 to strike alternate damages calculations in "corrected" Taylor report; reserving ruling pending filing of entire deposition transcripts of Meyer and Taylor on motions 998 to strike Taylor and 1081 to strike "corrected" Meyer report ; Motion Hearing held on 1/17/2008 re 1106 MOTION to set aside trial date and pre-trial schedule filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 998 MOTION to Strike Taylor MOTION for Other Appropriate Relief MOTION for Order to Show Cause filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 967 MOTION in Limine to Admit Statements of Co-Plaintiff Factory Mutual as Admissions of Avondale as Well filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 916 MOTION in Limine to Exclude Evidence Related to Plaintiffs' Remediation Experts from Offering Opinions Based on Dr. Detter-Hoskin's Excluded Opinions filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 959 MOTION in Limine to Exclude Certain Evidence Regarding Railroad Safety filed by Avondale Mills Incorporated, 906 MOTION in Limine related to certain "other accidents" filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 1081 MOTION to Strike "Corrected" Meyer Report filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 986 MOTION to Strike "Alternate" Damages Calculations in "Corrected" Taylor Report filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 931 MOTION in Limine to Exclude Certain Lay Opinion Testimony of Avondale's Management filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. Court notifies parties of jury selection and trial procedures. Court Reporter Debra Jernigan. (mdea ) (Entered: 01/18/2008)
12122008-01-18 Additional Attachments to Main Document 998 MOTION to Strike Taylor MOTION for Other Appropriate Relief MOTION for Order to Show Cause (Jan. 11, 2008 Transcript). (Tate, Ronald) (Entered: 01/18/2008)
12132008-01-18 DEPOSITION of Robert J. Taylor, IV taken on 01/11/2008 by Avondale Mills Incorporated.(Richardson, Terry) (Entered: 01/18/2008)
12142008-01-18 Additional Attachments to Main Document 998 MOTION to Strike Taylor MOTION for Other Appropriate Relief MOTION for Order to Show Cause (Depo. ex 1). (Attachments: # 1 Exhibit Taylor depo Vol. 3, Ex 2, # 2 Exhibit Taylor Depo Vol 3, Ex 4, # 3 Exhibit Taylor Depo Vol 3, Ex 5, # 4 Exhibit Taylor Depo Vol 3, Ex 7, # 5 Exhibit Taylor Depo Vol 3, Ex 9, # 6 Exhibit Taylor Depo Vol 3, Ex 10, # 7 Exhibit Taylor Depo Vol 3, Ex 12, # 8 Exhibit Taylor Depo Vol 3, Ex 13, # 9 Exhibit Taylor Depo Vol 3, Ex 14, # 10 Exhibit Taylor Depo Vol 3, Ex 16, # 11 Exhibit Taylor Depo Vol 3, Ex 19, # 12 Exhibit Hearing Ex 1, # 13 Exhibit Hearing Ex 2, # 14 Exhibit Hearing Ex 3, # 15 Exhibit Hearing Ex 4)(Tate, Ronald) Modified docket text on 1/22/2008 (cbru, ). (Entered: 01/18/2008)
12182008-01-25 MOTION for Reconsideration of Ruling Bifurcating Only The Amount of Punitive Damages by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 2/12/2008 No proposed order(Wray, Ronald) (Entered: 01/25/2008)
12192008-01-25 SUPPLEMENT by Avondale Mills Incorporated to 1211 Order on Motion in Limine,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,,,, Motion Hearing,,,,,,,, 986 MOTION to Strike "Alternate" Damages Calculations in "Corrected" Taylor Report Plaintiffs' Submission Regarding Evidence of Alternative Damages Theories and Valuation Date. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Richardson, Terry) (Entered: 01/25/2008)
12212008-01-25 NOTICE re 966 MOTION in Limine to Exclude the 2004 South Carolina Tax Appeal, 913 MOTION in Limine re: Testimony of Robert J. Beaton, 973 MOTION in Limine for Ruling that Avondale Must Include in Its Final Liquidation Value the $100 Million Payment It Received From Factory Mutual Immediately Before Deciding To Cease Operations: The letter request of King & Spalding to hear BRIEF arguments on Tuesday, January 29, with respect to these motions has been granted. (cbru, ) (Entered: 01/25/2008)
12222008-01-25 AFFIDAVIT in Opposition re 935 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert Craig T. Elson. (Attachments: # 1 Exhibit Att. 1)(Johnsen, Jennifer) (Entered: 01/25/2008)
12232008-01-25 RESPONSE in Opposition re 1188 MOTION to Determine the Sufficiency of Plaintiffs' Objections and Responses and Deem Admitted Norfolk Southern's Third Sets of Requests for Admissions and for Costs Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 2/4/2008 (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)(Richardson, Terry) (Entered: 01/25/2008)
12242008-01-25 AMENDED RULE 26(a)(3)PRETRIAL DISCLOSURES by Norfolk Southern Railway Company, Norfolk Southern Corporation. Objections to PreTrial Disclosures due by 2/11/2008. (Attachments: # 1 Exhibit Att. B (Revised), # 2 Exhibit Att. C-1 (Revised))(Johnsen, Jennifer) (Entered: 01/25/2008)
12252008-01-28 DECLARATIONbyNorfolk Southern Railway Company, Norfolk Southern Corporation (Duncan, ABB). (Attachments: # 1 Exhibit Att. 1)(Johnsen, Jennifer) (Entered: 01/28/2008)
12262008-01-28 DECLARATIONbyNorfolk Southern Railway Company, Norfolk Southern Corporationre 746 AFFIDAVIT of Records Custodian (Irion, VF Services, Inc.). (Attachments: # 1 Exhibit Att. 1)(Johnsen, Jennifer) (Entered: 01/28/2008)
12272008-01-28 DECLARATIONbyNorfolk Southern Railway Company, Norfolk Southern Corporationre 762 AFFIDAVIT of Records Custodian, (Gilbert, Imperial Capital, LLC). (Attachments: # 1 Exhibit Att. 1)(Johnsen, Jennifer) (Entered: 01/28/2008)
12282008-01-28 DECLARATIONbyNorfolk Southern Railway Company, Norfolk Southern Corporationre 754 AFFIDAVIT of Records Custodian, (Thompson, GE Corporate Financial Services). (Attachments: # 1 Exhibit Att. 1)(Johnsen, Jennifer) (Entered: 01/28/2008)
12292008-01-28 DECLARATIONbyNorfolk Southern Railway Company, Norfolk Southern Corporationre 750 AFFIDAVIT of Records Custodian (Biener, CIT Group Inc.). (Attachments: # 1 Exhibit Att. 1)(Johnsen, Jennifer) (Entered: 01/28/2008)
12302008-01-28 DECLARATIONbyNorfolk Southern Railway Company, Norfolk Southern Corporationre 744 AFFIDAVIT of Records Custodian, (Fuchs, Belfor International GmbH). (Attachments: # 1 Exhibit Att. 1)(Johnsen, Jennifer) (Entered: 01/28/2008)
12312008-01-28 DEPOSITION of Harold V. Meyer taken on January 25, 2008 by Avondale Mills Incorporated.(Richardson, Terry) (Entered: 01/28/2008)
12322008-01-29 Additional Attachments to Main Document 1092 Pretrial Disclosures, Corrected Moller Depo Designation Form. (Attachments: # 1 Exhibit Corrected Thornton Depo Designation Form)(Richardson, Terry) (Entered: 01/29/2008)
12332008-01-29 Minute Entry. Proceedings held before Honorable Margaret B Seymour: Daubert Motion Hearing held on 1/29/2008 re 966 MOTION in Limine to Exclude the 2004 South Carolina Tax Appeal filed by Avondale Mills Incorporated, 913 MOTION in Limine re: Testimony of Robert J. Beaton filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 972 MOTION in Limine to Exclude the Testimony of G. Watts Carr filed by Avondale Mills Incorporated, 941 MOTION in Limine to Exclude, in Part, the Expert Testimony of Robert Baboian Under Daubert and Federal Rule of Evidence 702 filed by Avondale Mills Incorporated, 973 MOTION in Limine for Ruling that Avondale Must Include in Its Final Liquidation Value the $100 Million Payment It Received From Factory Mutual Immediately Before Deciding To Cease Operations filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 1188 MOTION to Determine the Sufficiency of Plaintiffs' Objections and Responses and Deem Admitted Norfolk Southern's Third Sets of Requests for Admissions and for Costs filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 932 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert Kevin Garrity filed by Avondale Mills Incorporated, 902 MOTION in Limine to Preclude Testimony Pursuant to Rule 702 and to Preclude Expert Testimony filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 950 MOTION in Limine to Exclude the Report and Testimony of Norfolk Southern's Proffered Expert Witness Joe Eudy filed by Avondale Mills Incorporated, 977 MOTION in Limine to Exclude the Opinions and/or Certain Testimony of Avondale Expert Mary T. O'Rourke filed by Norfolk Southern Railway Company, Norfolk Southern Corporation, 934 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert John M. McKinney filed by Avondale Mills Incorporated, 935 MOTION in Limine to Exclude Certain Evidence and Testimony of Norfolk Southern's Proffered Expert Craig T. Elson filed by Avondale Mills Incorporated. Court takes under advisement, written order forthcoming. Court Reporter Dan Mayo. (mdea ) (Entered: 01/30/2008)
12362008-01-30 OBJECTIONS by Avondale Mills Incorporated to 1091 Pretrial Disclosures Trial Exhibit List. (Attachments: # 1 Exhibit Attachment A)(Richardson, Terry) Modified docket text on 1/31/2008 (cbru, ). (Entered: 01/30/2008)
12372008-01-30 OBJECTIONS by Avondale Mills Incorporated to 1091 Pretrial Disclosures Plaintiffs' Counter Designations and Objections to Norfolk Southern's Affirmative Deposition Designations. (Attachments: # 1 Exhibit A)(Richardson, Terry) Modified docket text on 1/31/2008 (cbru, ). (Entered: 01/30/2008)
12382008-01-30 OBJECTIONS byNorfolk Southern Railway Company, Norfolk Southern Corporation to 1092 Pretrial Disclosures,. (Attachments: # 1 Exhibit Att. 1, # 2 Exhibit Att. 2, # 3 Exhibit Att. 3, # 4 Exhibit Att. 4)(Boyd, W) Additional attachment filed as entry #1239 on 1/31/2008 (cbru, ). (Entered: 01/30/2008)
12392008-01-31 Additional Attachments to Main Document 1238 Objections Att. 5 - Deposition Designations of James McClellan and William J. Romig. (Boyd, W) (Entered: 01/31/2008)
12402008-02-01 DECLARATIONbyNorfolk Southern Railway Company, Norfolk Southern Corporationre 752 AFFIDAVIT of Records Custodian, Jody Ozaki, PricewaterhouseCoopers, LLP. (Attachments: # 1 Exhibit Attachment 1)(Reeves, Phillip) (Entered: 02/01/2008)
12412008-02-01 MOTION for Leave to File Supplemental Surrebuttal Reports of Dr. David T. Robinson, Dr. David B. Lasater and Craig T. Elson by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 2/19/2008 (Attachments: # 1 Exhibit List of Attachments, # 2 Exhibit Att. 1, # 3 Exhibit Att. 2, # 4 Exhibit Att. 3, # 5 Exhibit Att. 4, # 6 Exhibit Att. 5, # 7 Exhibit Att. 6, # 8 Exhibit Att. 7, # 9 Exhibit Att. 8, # 10 Exhibit Att. 9, # 11 Exhibit Att. 10, # 12 Exhibit Att. 11, # 13 Exhibit Att. 12, # 14 Exhibit Att. 13, # 15 Exhibit Att. 14, # 16 Exhibit Att. 15, # 17 Exhibit Att. 16, # 18 Exhibit Att. 17)No proposed order(Tate, Ronald) (Entered: 02/01/2008)
12422008-02-01 REPLY by Norfolk Southern Railway Company, Norfolk Southern Corporationto 1219 Supplement, Opposition to Plaintiffs' Submission Regarding Alternative Damages Theories and Valuation Date. (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2)(Tate, Ronald) (Entered: 02/01/2008)
12432008-02-04 MOTION to Deem Admitted Requests Set Forth in Fourth Sets of Requests for Admission to Plaintiffs by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 2/22/2008 (Attachments: # 1 Exhibit Att List, # 2 Exhibit Att 1, # 3 Exhibit Att 2, # 4 Exhibit Att 3, # 5 Exhibit Att 4, # 6 Exhibit Att 5)No proposed order(Tate, Ronald) Modified docket text on 2/5/2008 (cbru, ). (Entered: 02/04/2008)
12442008-02-04 TRANSCRIPT (Unredacted) of motion hearing held on January 29, 2008 before Judge Margaret B. Seymour. Court Reporter: Dan Mayo. (dmayo, ) (Entered: 02/04/2008)
12452008-02-05 TRANSCRIPT (Unredacted) of Motions Hearing held on January 17, 2008 before Judge Margaret B. Seymour. Court Reporter: D Jernigan. (djernigan, ) (Entered: 02/05/2008)
12462008-02-05 RESPONSE in Opposition re 1218 MOTION for Reconsideration of Ruling Bifurcating Only The Amount of Punitive Damages Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 2/15/2008 (Richardson, Terry) (Entered: 02/05/2008)
12472008-02-06 NOTICE OF RESCHEDULED HEARING pretrial conference set for 2/7/2008 at 10:00 am cancelled and rescheduled to: Pretrial Conference set for 2/8/2008 09:30 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (mdea ) (Entered: 02/06/2008)
12482008-02-06 ORDER granting in part and denying in part 902 Motion in Limine; granting in part and denying in part 913 Motion in Limine; denying 932 Motion in Limine; denying 934 Motion in Limine; denying 935 Motion in Limine; denying 941 Motion in Limine; granting 950 Motion in Limine; granting 966 Motion in Limine; denying 972 Motion in Limine; denying 973 Motion in Limine; denying 977 Motion in Limine; denying as moot 1188 Motion to determine the sufficiency of Plaintiffs' objections and responses to third set of requests for admission. Signed by Honorable Margaret B Seymour on 2/6/2008.(mdea ) (Entered: 02/06/2008)
12492008-02-06 ORDER granting 1241 Motion for Leave to File Supplemental Reports Signed by Honorable Margaret B Seymour on 2/6/2008.(mdea ) (Entered: 02/06/2008)
12502008-02-07 REPLY by Avondale Mills Incorporatedto 1219 Supplement, Reply in Support of Plaintiffs' Submission Regarding Evidence of Alternative Damages Theories and Valuation Date. (Richardson, Terry) (Entered: 02/07/2008)
12512008-02-07 ORDER denying 1218 Motion for Reconsideration Signed by Honorable Margaret B Seymour on 2/7/2008.(mdea ) (Entered: 02/07/2008)
12522008-02-08 ORDER granting 983 Motion to Seal Signed by Honorable Margaret B Seymour on 2/8/2008.(mdea ) (Entered: 02/08/2008)
12542008-02-08 Minute Entry. Proceedings held before Honorable Margaret B Seymour: Pretrial Conference held on 2/8/2008. Court hears argument/discussion on trial procedural issues. Written orders forthcoming on outstanding issues. Court Reporter Debra Jernigan. (mdea ) (Entered: 02/08/2008)
12552008-02-08 OBJECTIONS by Avondale Mills Incorporated to 1224 Pretrial Disclosures,. (Attachments: # 1 Exhibit A)(Richardson, Terry) Modified docket entry relationship on 2/11/2008 (cbru, ). (Entered: 02/08/2008)
12562008-02-11 DOCKET ANNOTATION - Entry #1255 linked to incorrect corresponding entry. Correction made by the Clerk. NO Correction by attorney required (cbru, ) (Entered: 02/11/2008)
12572008-02-11 OBJECTIONS byAvondale Mills Incorporated to 1230 Declaration. (Richardson, Terry) (Entered: 02/11/2008)
12582008-02-11 OBJECTIONS byAvondale Mills Incorporated to 1229 Declaration. (Richardson, Terry) (Entered: 02/11/2008)
12592008-02-11 OBJECTIONS byAvondale Mills Incorporated to 1228 Declaration. (Richardson, Terry) (Entered: 02/11/2008)
12602008-02-11 OBJECTIONS byAvondale Mills Incorporated to 1225 Declaration. (Richardson, Terry) (Entered: 02/11/2008)
12612008-02-11 OBJECTIONS byAvondale Mills Incorporated to 1226 Declaration. (Richardson, Terry) (Entered: 02/11/2008)
12622008-02-11 OBJECTIONS byAvondale Mills Incorporated to 1227 Declaration. (Richardson, Terry) (Entered: 02/11/2008)
12632008-02-12 Additional Attachments to Main Document 1092 Pretrial Disclosures, Corrected Peter French Deposition Designation Form. (Richardson, Terry) (Entered: 02/12/2008)
12642008-02-14 OBJECTIONS byAvondale Mills Incorporated to 1240 Declaration. (Richardson, Terry) (Entered: 02/14/2008)
12652008-02-14 OBJECTIONS and Counter Designations by Avondale Mills Incorporated to 1238 Objections,. (Attachments: # 1 Exhibit A-1)(Richardson, Terry) Modified docket text on on 2/15/2008 (cbru, ). Additional attachments filed as entries 1265 , 1266 , 1267 , 1268 on 2/14/2008. (Entered: 02/14/2008)
12662008-02-14 Additional Attachments to Main Document 1265 Objections, Exhibit A-2. (Richardson, Terry) (Entered: 02/14/2008)
12672008-02-14 Additional Attachments to Main Document 1265 Objections, Exhibit A-3. (Richardson, Terry) (Entered: 02/14/2008)
12682008-02-14 Additional Attachments to Main Document 1265 Objections, Exhibit A-4. (Richardson, Terry) (Entered: 02/14/2008)
12702008-02-15 MOTION to Withdraw 1243 MOTION to Deem Admitted Requests Set Forth in Fourth Sets of Requests for Admission to Plaintiffs by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 3/4/2008 No proposed order(Reeves, Phillip) (Entered: 02/15/2008)
12712008-02-15 MOTION to Take Deposition from Dr. Christoph Lowicki and Mr. Frank Lombardo by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 3/4/2008 (Attachments: # 1 Exhibit List of Attachments, # 2 Exhibit Att. 1, # 3 Exhibit Att. 2, # 4 Exhibit Att. 3, # 5 Exhibit Att. 4, # 6 Exhibit Att. 5, # 7 Exhibit Att. 6)No proposed order(Reeves, Phillip) (Entered: 02/15/2008)
12722008-02-19 ORDER granting 1270 Motion to Withdraw 1243 MOTION to Deem Admitted Requests Set Forth in Fourth Sets of Requests for Admission to Plaintiffs Signed by Honorable Margaret B Seymour on 2/18/2008.(mdea ) (Entered: 02/19/2008)
12742008-02-21 ORDER granting 915 Motion in Limine; granting 917 Motion in Limine; granting 927 Motion in Limine; denying 928 Motion in Limine; denying with leave to reassert objections to specific evidence at trial 940 Motion in Limine; granting in part and denying in part 942 Motion in Limine; granting in part and denying in part 948 Motion in Limine; granting 949 Motion in Limine; denying 951 Motion in Limine; granting 952 Motion in Limine; denying as moot 955 Motion in Limine; denying 958 Motion in Limine; denying 960 Motion in Limine; denying 961 Motion in Limine; denying 963 Motion in Limine; granting 964 Motion in Limine; granting 965 Motion in Limine; denying 968 Motion in Limine; granting in part and denying in part 974 Motion in Limine. Signed by Honorable Margaret B Seymour on 2/21/2008.(mdea ) (Entered: 02/21/2008)
12752008-02-21 NOTICE of Hearing: Final Pretrial Conference set for 3/3/2008 02:00 PM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. Parties are directed to provide the court with a joint list of matters to be heard no later than noon on Thursday, February 28, 2008.(mdea ) (Entered: 02/21/2008)
12762008-02-21 Additional Attachments to Main Document 1092 Pretrial Disclosures, Corrected Thomas Jacob Berry, Jr. Deposition Designation Form. (Richardson, Terry) (Entered: 02/21/2008)
12772008-02-25 ORDER denying 933 Motion in Limine for the reasons stated at the October 10, 2007 hearing. Signed by Honorable Margaret B Seymour on 2/25/2008.(mdea ) (Entered: 02/25/2008)
12782008-02-25 ORDER denying 937 Motion in Limine for the reasons stated at the October 10, 2007 hearing. Signed by Honorable Margaret B Seymour on 2/25/2008.(mdea ) (Entered: 02/25/2008)
12792008-02-25 MOTION for Reconsideration re 1274 Order on Motion in Limine (ruling on motion #949) by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 3/14/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3)No proposed order(Boyd, W) Modified to correct spelling or grammar on 2/26/2008 (cbru, ). (Entered: 02/25/2008)
12802008-02-27 RESPONSE in Opposition re 1279 MOTION for Reconsideration re 1274 Order on Motion in Limine (ruling on motion #949) Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 3/10/2008 (Richardson, Terry) Modified to correct spelling or grammar on 2/28/2008 (cbru, ). (Entered: 02/27/2008)
12812008-02-28 REPLY to Response to Motion re 1279 MOTION for Reconsideration re 1274 Order on Motion in Limine (ruling on motion #949) Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Boyd, W) Modified to correct spelling or grammar on 2/29/2008 (cbru, ). (Entered: 02/28/2008)
12822008-02-28 TRANSCRIPT (Unredacted) of Motion Hearing held on February 8, 2008 before Judge Margaret B. Seymour. Court Reporter: D Jernigan. (djernigan, ) (Entered: 02/28/2008)
12832008-02-28 NOTICE of Amended Procedure for Requests for Strikes for Cause. Due to the size of the jury panel, all Requests for Strikes for Cause shall be due no later than noon on Monday, 3/3/2008. They should be filed using the event "Requests to Strike for Cause" located under Other Filings, Trial Documents. (mdea ) (Entered: 02/28/2008)
12842008-02-29 RESPONSE in Opposition re 1271 MOTION to Take Deposition from Dr. Christoph Lowicki and Mr. Frank Lombardo Response filed by Factory Mutual Insurance Company.Reply to Response to Motion due by 3/10/2008 (Logan, James) Modified to remove filer on 3/3/2008 (cbru, ). (Entered: 02/29/2008)
12852008-02-29 MOTION in Limine to Exclude Plaintiffs' Video Animation by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 3/18/2008 (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2)No proposed order(Wray, Ronald) (Entered: 02/29/2008)
12862008-02-29 Counterdesignations and OBJECTIONS by Avondale Mills Incorporated to 1224 Pretrial Disclosures,. (Attachments: # 1 Exhibit A)(Richardson, Terry) Modified to edit text on 3/3/2008 (cbru, ). (Entered: 02/29/2008)
12882008-03-02 RESPONSE in Opposition re 1285 MOTION in Limine to Exclude Plaintiffs' Video Animation Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 3/10/2008 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Richardson, Terry) (Entered: 03/02/2008)
12892008-03-03 ORDER denying 986 Motion to Strike ; denying 998 Motion to Strike ; denying 998 Motion for other appropriate relief; denying 998 Motion for Order to Show Cause Signed by Honorable Margaret B Seymour on 2/29/2008.(mdea ) (Entered: 03/03/2008)
12902008-03-03 ORDER granting 939 Motion in Limine. Norfolk Southerns motion in limine to exclude testimony of Dr. Thomas Malone that (a) Avondale had the reputation as a producer of high quality, competitively priced products; (b) Avondale was viewed as a long term competitor; and (c) Avondale had a strong management (Entry 939) is granted. However, Dr. Malone can opine as to his personal experience with Avondale Mills, to the extent a proper foundation for relevancy is laid. Signed by Honorable Margaret B Seymour on 2/29/2008.(mdea ) (Entered: 03/03/2008)
12912008-03-03 ENTRY DELETED: #1287 Reason for deletion: Proposed Voir Dire is not filed pursuant to Judge Seymour's filing preferences. (cbru, ) (Entered: 03/03/2008)
12922008-03-03 REQUEST TO STRIKE FOR CAUSE by Avondale Mills Incorporated. (Richardson, Terry) (Entered: 03/03/2008)
12932008-03-03 REQUEST TO STRIKE FOR CAUSE by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Johnsen, Jennifer) . Modified to replace with corrected document provided by filing user on 3/3/2008 (cbru, ). (Entered: 03/03/2008)
12942008-03-03 ORDER denying 975 Motion in Limine; denying 1081 Motion to Strike. Signed by Honorable Margaret B Seymour on 3/3/2008.(mdea ) (Entered: 03/03/2008)
12962008-03-03 ORDER denying 953 Motion in Limine. The court has reviewed Norfolk Southerns motion in limine to exclude the expert testimony of Dr. Oliver G. Wood as to compensatory damages (Entry 953). Although Avondale acknowledged at the September 17, 2007 hearing that lost business value was unliquidated because all of the salvage had not been completed, prejudgment interest is recoverable. The proper test for determining whether prejudgment interest may be awarded is whether or not the measure of recovery, not necessarily the amount of damages, is fixed by conditions existing at the time the claim arose. Liberty Mut. Ins. Co. v. Employee Resource Mgmt., 176 F. Supp. 2d 510, 541 (D.S.C. 2001) (quoting Babb v. Rothrock, 426 S.E.2d 789, 791 (S.C. 1993)). When an otherwise unliquidated claim is capable of being reduced to certainty by a simple mathematical calculation, it can be considered liquidated for the purpose of awarding prejudgment interest. Id. (citing Builders Transport, Inc. v. South Carolina Prop. & Cas. Ins. Guar. Ass'n, 415 S.E.2d 419, 424 (S.C. 1992)). In this case, the lost business value is capable of being ascertained. Norfolk Southerns motion is denied. Signed by Honorable Margaret B Seymour on 2/29/2008.(mdea ) (Entered: 03/03/2008)
12972008-03-03 Minute Entry. Proceedings held before Honorable Margaret B Seymour: Pretrial Conference held on 3/3/2008. Court will enter orders on all outstanding motions prior to jury selection on 3/6/2008. Court, parties discuss trial and jury selection procedures, other issues. Court to issue order on status of Thornton, Aiken and Ford as witnesses. Court Reporter Dan Mayo. (mdea ) (Entered: 03/03/2008)
12982008-03-03 ORDER denying 982 Motion in Limine. Signed by Honorable Margaret B Seymour on 3/3/2008.(mdea ) (Entered: 03/03/2008)
12992008-03-03 ORDER granting 1271 Motion to Take Deposition from Christoph Lowicki and Frank Lombardo for limited purpose of authenticating documents. Signed by Honorable Margaret B Seymour on 3/3/2008.(mdea ) (Entered: 03/03/2008)
13002008-03-03 ORDER denying 1279 Motion for Reconsideration without prejudice Signed by Honorable Margaret B Seymour on 3/3/2008.(mdea ) (Entered: 03/03/2008)
13012008-03-03 ORDER granting 1285 Motion in Limine. Signed by Honorable Margaret B Seymour on 3/3/2008.(mdea ) (Entered: 03/03/2008)
13022008-03-04 ORDER The court has reviewed the briefs of counsel regarding the proper valuation date. As noted previously, Plaintiffs shall be allowed to present to the jury their theory that the proper valuation date is May 26, 2006 under a "slow death" scenario. In addition, Defendant shall be allowed to present to the jury its alternative theory that damages accrued as of January 5, 2005. See, e.g., Lang v. Wonnenberg, 455 N.W.2d 832 (N.D. 1990); Nutzell v. Godwin, 1989 WL 76306 (Tenn. Ct. App. 1989); Riverside Ins. Co. v. Pedigo, 430 N.E.2d 796 (Ind. Ct. App. 1982. Signed by Honorable Margaret B Seymour on 3/3/2008. (mdea ) (Entered: 03/04/2008)
13032008-03-04 AFFIDAVIT of Records Custodian by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Declaration of H. Marett Cobb)(Johnsen, Jennifer) Modified to edit text on 3/5/2008 (cbru, ). (Entered: 03/04/2008)
13042008-03-05 REQUEST TO STRIKE FOR CAUSE - Supplemental Filing by Avondale Mills Incorporated. (Richardson, Terry) (Entered: 03/05/2008)
13052008-03-05 REQUEST TO STRIKE FOR CAUSE (SUPPLEMENTAL) by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Johnsen, Jennifer) (Entered: 03/05/2008)
13062008-03-05 TRANSCRIPT (Unredacted) of pretrial conference held on March 3, 2008 before Judge Margaret B. Seymour. Court Reporter: Dan Mayo. (dmayo, ) (Entered: 03/05/2008)
13072008-03-05 Defendants' Objections and Counter Designations to Avondale's Responses and Objections to Defendants' Rule 26(a)(3) Pretrial Disclosures OBJECTIONS byNorfolk Southern Railway Company, Norfolk Southern Corporation to 1237 Objections, 1286 Objections, 1265 Objections,. (Attachments: # 1 Exhibit A, # 2 A-2, # 3 A-3, # 4 B)(Tate, Ronald) (Entered: 03/05/2008)
13092008-03-06 Amended RULE 26(a)(3)PRETRIAL DISCLOSURES by Norfolk Southern Railway Company, Norfolk Southern Corporation. Objections to PreTrial Disclosures due by 3/24/2008. (Attachments: # 1 Attachment A)(Tate, Ronald) (Entered: 03/06/2008)
13102008-03-06 Minute Entry. Proceedings held before Honorable Margaret B Seymour: Jury Selection held on 3/6/2008. Jurors excused/struck for cause. Twelve jurors and 2 alternates seated, not sworn. Defendant makes reverse Batson challenge - denied. Trial to begin on 3/10/2007; Jury to report at 10:00 am, counsel at 9:30 am. Court Reporter Dan Mayo. (mdea ) (Entered: 03/07/2008)
13112008-03-06 Panel Strike List. (mdea ) (Entered: 03/07/2008)
13122008-03-07 PRETRIAL MEMORANDUM by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Boyd, W) (Entered: 03/07/2008)
13132008-03-06 Jury List. (mdea ) (Entered: 03/07/2008)
13162008-03-09 REPLY by Norfolk Southern Railway Company, Norfolk Southern Corporation to 1323 REPLY. (Tate, Ronald) Modified to link correct event to associated event on 3/10/2008 (cbru, ). (Entered: 03/09/2008)
13172008-03-09 RESPONSE in Opposition re 1325 MOTION in Limine Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 3/17/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3, # 5 Exhibit Attachment 4, # 6 Exhibit Attachment 5, # 7 Exhibit Attachment 6, # 8 Exhibit Attachment 7, # 9 Exhibit Attachment 8, # 10 Exhibit Attachment 9, # 11 Exhibit Attachment 10, # 12 Exhibit Attachment 11, # 13 Exhibit Attachment 12, # 14 Exhibit Attachment 13, # 15 Exhibit Attachment 14, # 16 Exhibit Attachment 15, # 17 Exhibit Attachment 16, # 18 Appendix A)(Tate, Ronald) Modified to edit text on 3/10/2008 (cbru, ). Modified to link correct event to associated event on 3/11/2008 (cbru, ). (Entered: 03/09/2008)
13182008-03-09 MOTION in Limine to exclude Plaintiff's expert James Loumiet by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 3/27/2008 No proposed order(Kelly, Christopher) Modified to edit text on 3/10/2008 (cbru, ). (Entered: 03/09/2008)
13192008-03-09 MOTION for Hearing by Factory Mutual Insurance Company. Response to Motion due by 3/27/2008 No proposed order(Smith, Michael) Modified to correct motion relief and to edit text on 3/10/2008 (cbru, ). (Entered: 03/09/2008)
13202008-03-09 REPLY to Response to Motion re 1325 MOTION in Limine Response filed by Factory Mutual Insurance Company. (Smith, Michael) Modified to edit text on 3/10/2008 (cbru, ). Modified to link correct event to associated event on 3/11/2008 (cbru, ). (Entered: 03/09/2008)
13212008-03-10 RESPONSE in Opposition re 1318 MOTION in Limine to exclude Plaintiff's expert James Loumiet Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 3/20/2008 (Richardson, Terry) Modified to edit text on 3/10/2008 (cbru, ). (Entered: 03/10/2008)
13232008-03-08 REPLY by Factory Mutual Insurance Company to 1312 Pretrial Memorandum. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(cbru, )Filing corrected for event type (Entered: 03/10/2008)
13242008-03-10 TRIAL BRIEF Regarding the Inadmissibility of Paul V. Bodnar, Jr.'s Interpretation of Collective Bargaining Agreement by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Kelly, Christopher) (Entered: 03/10/2008)
13252008-03-07 MOTION in Limine by Factory Mutual Insurance Company. Response to Motion due by 3/25/2008 (Attachments: # 1 Memo in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)No proposed order(Smith, Michael) Modified to correct filing date and to edit text on 3/11/2008 (cbru, ). (Entered: 03/10/2008)
13262008-03-11 ENTRY DELETED Reason for deletion: Document incorporated into main document but should have been attachment. Corrected Filing Document Number: 1325 Modified filing date to that of original filing: 3/7/2008 Response due date modified to that of original filing: 3/25/2008 (cbru, ) (Entered: 03/11/2008)
13272008-03-10 Minute Entry. Proceedings held before Honorable Margaret B Seymour: denying 936 Motion in Limine; Jury Trial begun on 3/10/2008. Jurors 5 and 9 excused. Court rules on other outstanding issues re: emails and references during opening statements to insurance payment, clarifies ruling on motion #911, order #1021; hears argument on motions 1325, 1318. Jury sworn, given preliminary instructions. Opening statements. Recess until 3/11/08 at 9:30 am. Court Reporter Dan Mayo. (mdea ) (Entered: 03/11/2008)
13292008-03-11 DEPOSITION of Richard Lee taken on 06/14/2007 by Avondale Mills Incorporated.(Richardson, Terry) (Entered: 03/11/2008)
13302008-03-11 DEPOSITION of Mike Ford taken on 06-21-2005 by Avondale Mills Incorporated.(Richardson, Terry) (Entered: 03/11/2008)
13322008-03-11 Minute Entry. Proceedings held before Honorable Margaret B Seymour: granting 1318 Motion in Limine; granting in part and denying in part 1325 Motion in Limine; Jury Trial held on 3/11/2008. Witnesses/exhibits. Recess until 3/12/2008 at 9:30 am. Court Reporter Dan Mayo. (mdea ) (Entered: 03/12/2008)
13392008-03-12 Minute Entry. Proceedings held before Honorable Margaret B Seymour: Jury Trial held on 3/12/2008. Witnesses/exhibits. Court notifies parties that they will be responsible for filing all depositions used in trial, including exhibits, both those of witnesses testifying via deposition and those used for impeachment purposes. Recess until 3/13/2008 at 9:30 am. Court Reporter Dan Mayo. (mdea ) (Entered: 03/13/2008)
13402008-03-13 ENTRY DELETED: Deposition of Jimmy Thornton and exhibits thereto (entries #1333-1338) deleted per direction of Judge Seymour. Reason for deletion: Deposition not used in court. (cbru, ) (Entered: 03/13/2008)
13412008-03-13 MOTION to Appear Pro Hac Vice by Rebecca Bricken Segal ( Filing fee $ 250 receipt number 04200000000001417661) by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 3/31/2008 (Attachments: # 1 Application/Affidavit and Certificate of Good Standing)No proposed order(Johnsen, Jennifer) Modified to edit text on 3/14/2008 (cbru, ). (Entered: 03/13/2008)
13422008-03-13 Minute Entry. Proceedings held before Honorable Margaret B Seymour: Jury Trial held on 3/13/2008. Witnesses/exhibits. Recess until 3/17/2008 at 9:30 am. Court Reporter Dan Mayo. (mdea ) (Entered: 03/13/2008)
13432008-03-13 DEPOSITION of Mike Ford taken on 06-05-2005 by Avondale Mills Incorporated.(Richardson, Terry) (Entered: 03/13/2008)
13442008-03-15 MOTION in Limine To Exclude Plaintiffs' Trial Exhibits PEX1247A and PEX1247B and Related "Expert Opinions" of Jeffrey Schwenk by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 4/2/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3, # 5 Exhibit Attachment 4)No proposed order(Tate, Ronald) Additional attachments filed as entry 1345 on 3/15/2008 (cbru, ). (Entered: 03/15/2008)
13452008-03-15 Additional Attachments to Main Document 1344 MOTION in Limine To Exclude Plaintiffs' Trial Exhibits PEX1247A and PEX1247B and Related "Expert Opinions" of Jeffrey Schwenk Attachments 5 (part 1). (Attachments: # 1 Exhibit Attachment 5 (Part 2), # 2 Exhibit Attachment 6, # 3 Exhibit Attachment 7)(Tate, Ronald) Modified to edit text on 3/17/2008 (cbru, ). (Entered: 03/15/2008)
13462008-03-15 MOTION for Reconsideration re 1332 Order on Motion in Limine,,,, Jury Trial - Held, by Norfolk Southern Railway Company, Norfolk Southern Corporation. Response to Motion due by 4/2/2008 (Attachments: # 1 Exhibit Attachment List, # 2 Exhibit Attachment 1, # 3 Exhibit Attachment 2, # 4 Exhibit Attachment 3, # 5 Exhibit Attachment 4, # 6 Exhibit Attachment 5, # 7 Exhibit Attachment 6, # 8 Exhibit Attachment 7, # 9 Exhibit Attachment 8, # 10 Exhibit Attachment 9, # 11 Exhibit Attachment 10, # 12 Exhibit Attachment 11)No proposed order(Tate, Ronald) Modified to edit text on 3/17/2008 (cbru, ). Additional attachments filed as entries 1347 , 1348 on 3/15/2008. (Entered: 03/15/2008)
13472008-03-15 Additional Attachments to Main Document 1346 MOTION for Reconsideration re 1332 Order on Motion in Limine,,,, Jury Trial - Held, Attachment 12. (Tate, Ronald) Modified to edit text on 3/17/2008 (cbru, ). (Entered: 03/15/2008)
13482008-03-15 Additional Attachments to Main Document 1346 MOTION for Reconsideration re 1332 Order on Motion in Limine,,,, Jury Trial - HeldAttachment 13 and Appendix B. (Attachments: # 1 Exhibit Attachment 14, # 2 Exhibit Attachment 15, # 3 Exhibit Attachment 16, # 4 Exhibit Attachment 17, # 5 Exhibit Attachment 18, # 6 Exhibit Attachment 19, # 7 Exhibit Attachment 20, # 8 Exhibit Attachment 21, # 9 Exhibit Attachment 22, # 10 Appendix Appendix B)(Tate, Ronald) Modified to edit text on 3/17/2008 (cbru, ). (Entered: 03/15/2008)
13492008-03-17 RESPONSE in Opposition re 1344 MOTION in Limine To Exclude Plaintiffs' Trial Exhibits PEX1247A and PEX1247B and Related "Expert Opinions" of Jeffrey Schwenk Response filed by Avondale Mills Incorporated.Reply to Response to Motion due by 3/27/2008 (Richardson, Terry) (Entered: 03/17/2008)
13502008-03-17 ORDER granting 1341 Motion to Appear Pro Hac Vice for Rebecca Segal for defendants. Signed by Honorable Margaret B Seymour on 3/17/2008.(mdea ) (Entered: 03/17/2008)
13512008-03-17 DEPOSITION of John Benjamin Tillman, Jr. taken on 06/13/2007 by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Johnsen, Jennifer) Modified to edit text on 3/18/2008 (cbru, ). (Entered: 03/17/2008)
13522008-03-17 DEPOSITION of Paul Bodnar taken on November 16, 2006 by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Bodnar Depo-Part 2)(Kelly, Christopher) Modified to edit text on 3/18/2008 (cbru, ). Additional attachments filed as entries 1353 , 1354 . (Entered: 03/17/2008)
13532008-03-17 Additional Attachments to Main Document 1352 Deposition Exhibit 1 of 3. (Attachments: # 1 Exhibit 2 of 3, # 2 Exhibit 3 of 3)(Kelly, Christopher) Modified to edit text on 3/18/2008 (cbru, ). (Entered: 03/17/2008)
13542008-03-17 Additional Attachments to Main Document 1352 Deposition Bodnar/Gavalla Exhibit 1 of 6. (Attachments: # 1 Exhibit Bodnar/Gavalla 2 of 6, # 2 Exhibit Bodnar/Gavalla 3 of 6, # 3 Exhibit Bodnar/Gavalla 4 of 6, # 4 Exhibit Bodnar/Gavalla 5 of 6, # 5 Exhibit Bodnar/Gavalla 6 of 6)(Kelly, Christopher) Modified to edit text on 3/18/2008 (cbru, ). (Entered: 03/17/2008)
13552008-03-17 DEPOSITION of Jimmy Frederick taken on 03/06/2007 by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Errata Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31)(Johnsen, Jennifer) Modified to edit text on 3/18/2008 (cbru, ). (Entered: 03/17/2008)
13582008-03-17 RESPONSE in Opposition re 1346 MOTION for Reconsideration re 1332 Order on Motion in Limine,,,, Jury Trial - Held Response filed by Factory Mutual Insurance Company.Reply to Response to Motion due by 3/27/2008 (Attachments: # 1 Exhibit 1)(Smith, Michael) Modified to edit text on 3/18/2008 (cbru, ). (Entered: 03/17/2008)
13602008-03-18 ENTRY DELETED Reason for deletion: Entry #1356 deleted due to the fact that it was a duplicate of Exhibit #31 which is attached to entry #1355. (cbru, ) (Entered: 03/18/2008)
13612008-03-17 TRIAL BRIEF by Norfolk Southern Railway Company, Norfolk Southern Corporation. Filing corrected for event type. (Attachments: # 1 Attachment List, # 2 Attachment 1)(cbru, ) (Entered: 03/18/2008)
13622008-03-18 REPLY by Avondale Mills Incorporated to 1361 Trial Brief. Filing corrected for event type. (Attachments: # 1 Exhibit A)(cbru, ) (Entered: 03/18/2008)
13632008-03-17 Minute Entry. Proceedings held before Honorable Margaret B Seymour: Jury Trial held on 3/17/2008. Witnesses/exhibits. Recess until 3/18/2008 at 9:30 am. Court Reporter Dan Mayo. (mdea ) (Entered: 03/18/2008)
13672008-03-18 TRIAL BRIEF by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 List of Attachments, # 2 Attachment 1, # 3 Attachment 2, # 4 Attachment 3, # 5 Attachment 4)(Boyd, W) Modified to edit text on 3/19/2008 (cbru, ). (Additional attachment(s) added on 3/19/2008: # 6 Main Document) (cbru, ). Modified to replace with corrected document provided by filing user on 3/19/2008 (cbru, ). (Entered: 03/18/2008)
13682008-03-18 Minute Entry. Proceedings held before Honorable Margaret B Seymour: Jury Trial held on 3/18/2008. Witnesses/exhibits. Recess until 3/19/2008 at 9:30 am. Court Reporter Dan Mayo. (mdea ) (Entered: 03/18/2008)
13732008-03-19 ORDER re: deposition designations of Helmut Fuchs, Farid Chamani and Charles Scoffner. Signed by Honorable Margaret B Seymour on 3/19/2008. (mdea ) (Entered: 03/19/2008)
13742008-03-19 Minute Entry. Proceedings held before Honorable Margaret B Seymour: Jury Trial held on 3/19/2008. Witnesses/exhibits. Recess until 3/26/2008 at 9:30 am. Court Reporter Dan Mayo. (mdea ) (Entered: 03/19/2008)
13772008-03-19 DEPOSITION of Charles Tony Royster taken on December 1, 2006 by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35)(Johnsen, Jennifer) Modified to correct filing date and to edit text on 3/24/2008 (cbru, ). (Entered: 03/24/2008)
13782008-03-18 DEPOSITION of Richard Douglas Johnson taken on November 21, 2006 by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Errata Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, pages 1 to 33, # 26 Exhibit 24, pages 34 to 49, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 34, pages 1 to 86, # 37 Exhibit 34, pages 87 to 147, # 38 Exhibit 35, # 39 Exhibit 36, # 40 Exhibit 37, # 41 Exhibit 38, # 42 Exhibit 39, pages 1 to 28, # 43 Exhibit 39, pages 29 to 54, # 44 Exhibit 40, # 45 Exhibit 41, # 46 Exhibit 42, # 47 Exhibit 43, # 48 Exhibit 44, # 49 Exhibit 45, # 50 Exhibit 46, # 51 Exhibit 47, # 52 Exhibit 48)(Johnsen, Jennifer) Modified to correct filing date and to edit text on 3/24/2008 (cbru, ). (Entered: 03/24/2008)
13792008-03-24 ENTRY DELETED Reason for deletion: Entry not in compliance with Judge Seymour's filing preferences. Corrected Filing Document Number: 1377 Modified filing date to that of original filing: 3/19/2008 (cbru, ) (Entered: 03/24/2008)
13802008-03-24 ENTRY DELETED Reason for deletion: Entry not in compliance with Judge Seymour's filing preferences. Corrected Filing Document Number: 1378 Modified filing date to that of original filing: 3/18/2008 (cbru, ) (Entered: 03/24/2008)
13812008-03-25 DEPOSITION of Laura Maggie Adams taken on 07-17-2007 by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Johnsen, Jennifer) Modified to edit text on 3/26/2008 (cbru, ). (Entered: 03/25/2008)
13832008-03-25 TRIAL BRIEF Plaintiffs' Trial Memorandum re Testimony of Stephen Felker, Sr. by Avondale Mills Incorporated. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2)(Richardson, Terry) Additional attachments filed as entries 1384 , 1385 , 1386 on 3/25/2008 (cbru, ). Modified access on 4/7/2008 per order #1468(mdea, ). (Entered: 03/25/2008)
13842008-03-25 Additional Attachments to Main Document 1383 Trial Brief Exhibit 3. (Richardson, Terry) Modified access on 4/7/2008 per order #1468 (mdea, ). (Entered: 03/25/2008)
13852008-03-25 Additional Attachments to Main Document 1383 Trial Brief Exhibit 4. (Richardson, Terry) Modified to link correct event to associated event on 3/26/2008 (cbru, ). Modified access on 4/7/2008 per order #1468 (mdea, ). (Entered: 03/25/2008)
13862008-03-25 Additional Attachments to Main Document 1383 Trial Brief Exhibit 5. (Richardson, Terry) Modified to link correct event to associated event on 3/26/2008 (cbru, ). Modified access on 4/7/2008 per order #1468 (mdea, ). (Entered: 03/25/2008)
13872008-03-25 REPLY by Avondale Mills Incorporated to 1367 Trial Brief. Filing corrected for event type (cbru, ) (Entered: 03/26/2008)
13882008-03-26 DEPOSITION of F. Chamani taken on 06/28/07 by Avondale Mills Incorporated. (Attachments: # 1 Exhibit 2)(Richardson, Terry) additional attachments filed as entry 1410 (asni, ). (Entered: 03/26/2008)
13892008-03-26 DEPOSITION of F. Chamani taken on 02/23/2007 by Avondale Mills Incorporated. (Attachments: # 1 Exhibit 7, # 2 Exhibit 8, # 3 Exhibit 11, # 4 Exhibit 12, # 5 Exhibit 16, # 6 Exhibit 17, # 7 Exhibit 18)(Richardson, Terry) Additional attachments added as entries 1411 and 1412 (asni, ). (Entered: 03/26/2008)
13902008-03-26 DEPOSITION of H. Fuchs taken on 03/16/2007 by Avondale Mills Incorporated. (Attachments: # 1 Exhibit 9, # 2 Exhibit 10, # 3 Exhibit 11, # 4 Exhibit 12, # 5 Exhibit 21, # 6 Exhibit 24)(Richardson, Terry) Additional attachments filed as entries 1391 , 1392 , 1393 , 1394 , 1395 , 1396 , 1397 on 3/26/2008 (cbru, ). Additional attachments entry numbers 1413 , 1414 , 1415 , 1416 , 1417 , 1418 , 1419 , 1420 , 1421 , 1422 , 1423 , 1424 , 1425 , 1426 , 1427 , 1428 , 1429 , 1430 , 1431 , 1432 . Modified on 3/28/2008 (bbro, ). . (Entered: 03/26/2008)
13912008-03-26 Additional Attachments to Main Document 1390 Deposition of H. Fuchs. Exhibit 26 and. (Attachments: # 1 Exhibit 27, # 2 Exhibit 28, # 3 Exhibit 29, # 4 Exhibit 37, # 5 Exhibit 38)(Richardson, Terry) (Entered: 03/26/2008)
13922008-03-26 Additional Attachments to Main Document 1390 Deposition of H. Fuchs. Exhibit 40 and. (Attachments: # 1 Exhibit 41, # 2 Exhibit 42, # 3 Exhibit 49)(Richardson, Terry) Modified to link correct event to associated event and to edit text on 3/27/2008 (cbru, ). (Entered: 03/26/2008)
13932008-03-26 Additional Attachments to Main Document 1390 Deposition H. Fuchs, Exhibit 33a. (Richardson, Terry) (Entered: 03/26/2008)
13942008-03-26 Additional Attachments to Main Document 1390 Deposition H. Fuchs. Exhibit 33b.. (Richardson, Terry) (Entered: 03/26/2008)
13952008-03-26 Additional Attachments to Main Document 1390 Deposition H. Fuchs. Exhibit 33c.. (Richardson, Terry) (Entered: 03/26/2008)
13962008-03-26 Additional Attachments to Main Document 1390 Deposition of H. Fuchs. Exhibit 33d.. (Richardson, Terry) (Entered: 03/26/2008)
13972008-03-26 Additional Attachments to Main Document 1390 Deposition of H. Fuchs. Exhibit 33e.. (Richardson, Terry) (Entered: 03/26/2008)
14002008-03-27 AMENDED ORDER amending Order 1373 re: deposition designations of Helmut Fuchs, Farid Chamani and Charles Scoffner. Signed by Honorable Margaret B Seymour on 3/27/2008. (mdea ) (Entered: 03/27/2008)
14012008-03-26 Minute Entry. Proceedings held before Honorable Margaret B Seymour: Jury Trial held on 3/26/2008. Witnesses/exhibits. Oral order to restrict access to docket entries 1383-1386 to case participants only. Recess until 3/27/2008 at 9:30 am. Court Reporter Dan Mayo. (mdea ) (Entered: 03/27/2008)
14022008-03-27 ORAL ORDER allowing Norfolk Southern to file two bench memos under seal. Signed by Honorable Margaret B Seymour on 3/27/2008. (mdea ) (Entered: 03/27/2008)
14032008-03-27 ORDER re: deposition designations for witnesses Charles Moorman and David Goode. Signed by Honorable Margaret B Seymour on 3/27/2008. (mdea ) (Entered: 03/27/2008)
14042008-03-27 TRIAL BRIEF Reply Concerning Avondale's Opening of the Door to Previously Excluded Evidence in its 2004 SC Tax Appeal and the Gibbs Report by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit Att 1)(Boyd, W) (Entered: 03/27/2008)
14052008-03-27 MOTION for Reconsideration, MOTION Clarification Regarding Norfolk Southern's Failure to Enforce and Comply with the Hours of Service Act ( Response to Motion due by 4/14/2008) by Avondale Mills Incorporated. (Attachments: # 1 Exhibit A)No proposed order(Richardson, Terry) (Entered: 03/27/2008)
14062008-03-27 MOTION for Sanctions Regarding Norfolk Southern's Failure to Comply with Discovery by Avondale Mills Incorporated. Response to Motion due by 4/14/2008 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)No proposed order(Richardson, Terry) (Entered: 03/27/2008)
14072008-03-27 ENTRY DELETED Reason for deletion: Entry #1399 deleted per request of filing attorney. Refiled as entry #1404. (cbru, ) (Entered: 03/27/2008)
14082008-03-27 Sealed Document. (Attachments: # 1 Exhibit Att List, # 2 Exhibit Att 1)(Boyd, W) Modified access on 4/7/2008 per order #1468 - document unsealed (mdea, ). (Entered: 03/27/2008)
14092008-03-27 Sealed Document. (Attachments: # 1 Exhibit Att List, # 2 Exhibit Att 1, # 3 Exhibit Att 2, # 4 Exhibit Att 3)(Boyd, W) Modified access on 4/7/2008 per order #1468 - document unsealed (mdea, ). (Entered: 03/27/2008)
14102008-03-27 Additional Attachments to Main Document 1388 Deposition of Chamani. Exhibit 1 and. (Attachments: # 1 Exhibit 3)(Richardson, Terry) (Entered: 03/27/2008)
14112008-03-27 Additional Attachments to Main Document 1389 Deposition Chamani (Vol. 1). Exhibit 1 and. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 9, # 7 Exhibit 10, # 8 Exhibit 13, # 9 Exhibit 14, # 10 Exhibit 15, # 11 Exhibit 19)(Richardson, Terry) (Entered: 03/27/2008)
14122008-03-27 Additional Attachments to Main Document 1389 Deposition Chamani (Vol. 1). Exhibit 20 and. (Attachments: # 1 Exhibit 21, # 2 Exhibit 22, # 3 Exhibit 23, # 4 Exhibit 24, # 5 Exhibit 25, # 6 Exhibit 26, # 7 Exhibit 27)(Richardson, Terry) (Entered: 03/27/2008)
14132008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 1 and. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4)(Richardson, Terry) (Entered: 03/27/2008)
14142008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 5.. (Richardson, Terry) (Entered: 03/27/2008)
14152008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 6 and. (Attachments: # 1 Exhibit 7, # 2 Exhibit 8)(Richardson, Terry) (Entered: 03/27/2008)
14162008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 13 A. (Richardson, Terry) (Entered: 03/27/2008)
14172008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 13 B and. (Attachments: # 1 Exhibit 14, # 2 Exhibit 15, # 3 Exhibit 16)(Richardson, Terry) (Entered: 03/27/2008)
14182008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 17 and. (Attachments: # 1 Exhibit 18, # 2 Exhibit 19, # 3 Exhibit 20, # 4 Exhibit 22, # 5 Exhibit 23, # 6 Exhibit 25, # 7 Exhibit 30, # 8 Exhibit 31, # 9 Exhibit 32)(Richardson, Terry) (Entered: 03/27/2008)
14192008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 34 and. (Attachments: # 1 Exhibit 35)(Richardson, Terry) (Entered: 03/27/2008)
14202008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 36 and. (Attachments: # 1 Exhibit 39)(Richardson, Terry) (Entered: 03/27/2008)
14212008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 43 and. (Attachments: # 1 Exhibit 44)(Richardson, Terry) (Entered: 03/27/2008)
14222008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 45A. (Richardson, Terry) (Entered: 03/27/2008)
14232008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 45B. (Richardson, Terry) (Entered: 03/27/2008)
14242008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 46A. (Richardson, Terry) (Entered: 03/27/2008)
14252008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 46 B. (Richardson, Terry) (Entered: 03/27/2008)
14262008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 46 C and. (Attachments: # 1 Exhibit 46 D)(Richardson, Terry) (Entered: 03/27/2008)
14272008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 46 E. (Richardson, Terry) (Entered: 03/27/2008)
14282008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 47 A. (Richardson, Terry) (Entered: 03/27/2008)
14292008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 47 B. (Richardson, Terry) (Entered: 03/27/2008)
14302008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 47 C. (Richardson, Terry) (Entered: 03/27/2008)
14312008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 47 D. (Richardson, Terry) (Entered: 03/27/2008)
14322008-03-27 Additional Attachments to Main Document 1390 Deposition, Fuchs. Exhibit 47 E and. (Attachments: # 1 Exhibit 48, # 2 Exhibit 50)(Richardson, Terry) (Entered: 03/27/2008)
14332008-03-27 DEPOSITION of C. W. Shoffner taken on 02/21/2007 by Avondale Mills Incorporated.(Richardson, Terry) Additional Attachments filed on 3/27/08 1434 1435 1436 1437 1438 1439 Modified on 3/28/2008 to reflect additional attachments(jada, ). (Entered: 03/27/2008)
14342008-03-27 Additional Attachments to Main Document 1433 Deposition Shoffner - Part 2 of 2. (Richardson, Terry) (Entered: 03/27/2008)
14352008-03-27 Additional Attachments to Main Document 1433 Deposition Shoffner. Exhibit 1 and. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7)(Richardson, Terry) (Entered: 03/27/2008)
14362008-03-27 Additional Attachments to Main Document 1433 Deposition Shoffner. Exhibit 8 and. (Attachments: # 1 Exhibit 9, # 2 Exhibit 10, # 3 Exhibit 11, # 4 Exhibit 12, # 5 Exhibit 13, # 6 Exhibit 14, # 7 Exhibit 15, # 8 Exhibit 16, # 9 Exhibit 17)(Richardson, Terry) (Entered: 03/27/2008)
14372008-03-27 Additional Attachments to Main Document 1433 Deposition Shoffner. Exhibit 18 and. (Attachments: # 1 Exhibit 19, # 2 Exhibit 20, # 3 Exhibit 21, # 4 Exhibit 22, # 5 Exhibit 23, # 6 Exhibit 24, # 7 Exhibit 25, # 8 Exhibit 26, # 9 Exhibit 27, # 10 Exhibit 28, # 11 Exhibit 29, # 12 Exhibit 30, # 13 Exhibit 31, # 14 Exhibit 32, # 15 Exhibit 33)(Richardson, Terry) (Entered: 03/27/2008)
14382008-03-27 Additional Attachments to Main Document 1433 Deposition Shoffner. Exhibit 34. (Richardson, Terry) (Entered: 03/27/2008)
14392008-03-27 Additional Attachments to Main Document 1433 Deposition Shoffner. Exhibit 35 and. (Attachments: # 1 Exhibit 36, # 2 Exhibit 37, # 3 Exhibit 38, # 4 Exhibit 39, # 5 Exhibit 40, # 6 Exhibit 41, # 7 Exhibit 42, # 8 Exhibit 43, # 9 Exhibit 44, # 10 Exhibit 45, # 11 Exhibit 46, # 12 Exhibit 47, # 13 Exhibit 48, # 14 Exhibit 49)(Richardson, Terry) (Entered: 03/27/2008)
14402008-03-27 DEPOSITION of C.J. Kraisinger taken on 03/31/2007 by Avondale Mills Incorporated. (Attachments: # 1 Exhibit 1)(Richardson, Terry) Additional attachments added as entries 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 (asni, ). (Entered: 03/27/2008)
14412008-03-27 DEPOSITION of Thomas A. Gervasio taken on June 19, 2007 by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 9, # 9 Exhibit Exhibit 10, # 10 Exhibit Exhibit 11, # 11 Exhibit Exhibit 12, # 12 Exhibit Exhibit 13, pages 1 to 25, # 13 Exhibit Exhibit 13, pages 26 to 52, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, # 26 Exhibit Exhibit 26, # 27 Exhibit Exhibit 27, # 28 Exhibit Exhibit 28, # 29 Exhibit Exhibit 29, # 30 Exhibit Exhibit 30, # 31 Exhibit Exhibit 31, # 32 Exhibit Exhibit 32)(Johnsen, Jennifer) (Entered: 03/27/2008)
14422008-03-27 Additional Attachments to Main Document 1440 Deposition Kraisinger. Exhibit 2 and. (Attachments: # 1 Exhibit 3)(Richardson, Terry) (Entered: 03/27/2008)
14432008-03-27 Additional Attachments to Main Document 1440 Deposition Kraisinger. Exhibit 4 and. (Attachments: # 1 Exhibit 5, # 2 Exhibit 6, # 3 Exhibit 7)(Richardson, Terry) (Entered: 03/27/2008)
14442008-03-27 Additional Attachments to Main Document 1440 Deposition Kraisinger. Exhibit 8 and. (Attachments: # 1 Exhibit 9, # 2 Exhibit 10, # 3 Exhibit 11, # 4 Exhibit 12, # 5 Exhibit 13, # 6 Exhibit 14, # 7 Exhibit 15, # 8 Exhibit 16)(Richardson, Terry) (Entered: 03/27/2008)
14452008-03-27 Additional Attachments to Main Document 1440 Deposition Kraisinger. Exhibit 17 and. (Attachments: # 1 Exhibit 18)(Richardson, Terry) (Entered: 03/27/2008)
14462008-03-27 Additional Attachments to Main Document 1440 Deposition Kraisinger. Exhibit 19 and. (Attachments: # 1 Exhibit 20, # 2 Exhibit 21 A)(Richardson, Terry) (Entered: 03/27/2008)
14472008-03-27 Additional Attachments to Main Document 1440 Deposition Kraisinger. Exhibit 21 B and. (Attachments: # 1 Exhibit 22)(Richardson, Terry) (Entered: 03/27/2008)
14482008-03-27 Additional Attachments to Main Document 1440 Deposition Kraisinger. Exhibit 23 A. (Richardson, Terry) (Entered: 03/27/2008)
14492008-03-27 Additional Attachments to Main Document 1440 Deposition Kraisinger. Exhibit 23 B. (Richardson, Terry) (Entered: 03/27/2008)
14502008-03-27 Additional Attachments to Main Document 1440 Deposition Kraisinger. Exhibit 23 C. (Richardson, Terry) (Entered: 03/27/2008)
14512008-03-27 Additional Attachments to Main Document 1440 Deposition Kraisinger. Exhibit 23 D. (Richardson, Terry) (Entered: 03/27/2008)
14522008-03-27 Additional Attachments to Main Document 1440 Deposition Kraisinger. Exhibit 24 and. (Attachments: # 1 Exhibit 25, # 2 Exhibit 26)(Richardson, Terry) (Entered: 03/27/2008)
14532008-03-27 Additional Attachments to Main Document 1440 Deposition Kraisinger. Exhibit 27 and. (Attachments: # 1 Exhibit 28)(Richardson, Terry) (Entered: 03/27/2008)
14542008-03-27 TRIAL BRIEF Defendants' Bench Memorandum in Support of Cross Examination Regarding Information Expert Failed to Consider by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Tate, Ronald) (Entered: 03/27/2008)
14552008-03-27 Minute Entry. Proceedings held before Honorable Margaret B Seymour: Jury Trial held on 3/27/2008. Witnesses/exhibits. Recess until 3/28/2008 at 11:00 am. Court Reporter Dan Mayo. (mdea ) (Entered: 03/28/2008)
14562008-03-28 REPLY by Factory Mutual Insurance Company to 1454 Trial Brief. (Smith, Michael) Modified to edit text on 3/31/2008 (cbru, ). (Entered: 03/28/2008)
14582008-03-28 DEPOSITION of D. Lloyd Crosthwait, Jr. taken on December 13, 2006 by Norfolk Southern Railway Company, Norfolk Southern Corporation. (Attachments: # 1 Errata Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, pages 1 to 20, # 6 Exhibit 4, pages 21 to 40, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, pages 1 to 30, # 12 Exhibit 9, pages 31 to 52, # 13 Exhibit 10)(Johnsen, Jennifer) Modified to edit text on 3/31/2008 (cbru, ). (Entered: 03/28/2008)
14592008-03-28 Minute Entry. Proceedings held before Honorable Margaret B Seymour: Jury Trial held on 3/28/2008. Witness/exhibits. Recess until 4/1/2008 at 9:30 am. Court Reporter Dan Mayo. (mdea ) (Entered: 03/28/2008)
14622008-03-28 REPLY by Avondale Mills Incorporatedto 1367 Trial Brief, Sur Reply in Opposition to NS Bench Memo re 2004 Taxes & Gibbs Report. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1)(Richardson, Terry) (Entered: 03/28/2008)
14632008-03-31 RESPONSE in Opposition re 1405 MOTION for Reconsideration MOTION Clarification Regarding Norfolk Southern's Failure to Enforce and Comply with the Hours of Service Act Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 4/10/2008 (Kelly, Christopher) (Entered: 03/31/2008)
14642008-03-31 RESPONSE in Opposition re 1406 MOTION for Sanctions Regarding Norfolk Southern's Failure to Comply with Discovery Response filed by Norfolk Southern Railway Company, Norfolk Southern Corporation.Reply to Response to Motion due by 4/10/2008 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kelly, Christopher) (Entered: 03/31/2008)
14672008-03-31 MOTION to Quash by Factory Mutual Insurance Company. Response to Motion due by 4/18/2008 (Attachments: # 1 Exhibit A)No proposed order(Logan, James) Modified to edit text on 4/1/2008 (cbru, ). (Entered: 03/31/2008)
14682008-04-01 ORDER re 1367 Trial Brief, filed by Norfolk Southern Railway Company, Norfolk Southern Corporation re: excluded evidence in 2004 SC Tax Appeal and the Gibbs Report, 1383 Trial Brief, filed by Avondale Mills Incorporated re: testimony of Stephen Felker. Signed by Honorable Margaret B Seymour on 4/1/2008. (mdea ) (Entered: 04/01/2008)
14692008-04-01 Minute Entry. Proceedings held before Honorable Margaret B Seymour: Jury Trial held on 4/1/2008. Witnesses/exhibits. Recess until 4/3/2008 at 9:30 am. Court Reporter Dan Mayo. (mdea ) (Entered: 04/01/2008)
14702008-04-02 REPLY to Response to Motion re 1405 MOTION for Reconsideration MOTION Clarification Regarding Norfolk Southern's Failure to Enforce and Comply with the Hours of Service Act Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Richardson, Terry) (Entered: 04/02/2008)
14712008-04-02 REPLY to Response to Motion re 1406 MOTION for Sanctions Regarding Norfolk Southern's Failure to Comply with Discovery Response filed by Avondale Mills Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Richardson, Terry) (Entered: 04/02/2008)
14722008-04-02 TRANSCRIPT (Redacted) of jury trial held on March 10, 2008 before Judge Margaret B. Seymour. Court Reporter: Dan Mayo. (dmayo, ) (Entered: 04/02/2008)
14732008-04-03 Minute Entry. Proceedings held before Honorable Margaret B Seymour: Jury Trial held on 4/3/2008. Witnesses/exhibits. Recess until 4/7/2008 at 9:30 am. Court Reporter Dan Mayo. (mdea ) (Entered: 04/04/2008)
14742008-04-07 Minute Entry. Proceedings held before Honorable Margaret B Seymour: Jury Trial completed on 4/7/2008 without jury reporting. Parties inform Court that case has settled, expect consummation by end of week, request entry of Rubin order. Exhibits returned to counsel. Court Reporter Dan Mayo. (mdea ) (Entered: 04/07/2008)
14752008-04-07 ORDER RETURNING EXHIBITS. Signed by Honorable Margaret B Seymour on 4/7/2008. (mdea ) (Entered: 04/07/2008)
14762008-04-07 RECEIPT by Norfolk Southern Railway Company, Factory Mutual Insurance Company, Avondale Mills Incorporated, Norfolk Southern Corporation for Trial exhibits (mdea ) (Entered: 04/07/2008)
14772008-04-07 Exhibit List. (mdea ) (Entered: 04/07/2008)
14782008-04-07 ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Margaret B Seymour on 4/7/2008. (mdea ) (Entered: 04/07/2008)
14792008-04-09 SUMMARY JUDGMENT in favor of defendants (mdea ) (Entered: 04/09/2008)
14802008-04-10 DEPOSITION of David R. Goode taken on 07-11-2007 by Avondale Mills Incorporated.(Richardson, Terry) Additional attachments filed as entries 1481 , 1482 , 1483 on 4/10/2008 (cbru, ). Additional attachment filed as entry 1484 on 4/11/2008 (cbru, ). (Entered: 04/10/2008)
14812008-04-10 Additional Attachments to Main Document 1480 Deposition Exhibit A. (Attachments: # 1 Exhibit B, # 2 Exhibit 1, # 3 Exhibit 2)(Richardson, Terry) Modified to edit text on 4/11/2008 (cbru, ). (Entered: 04/10/2008)
14822008-04-10 Additional Attachments to Main Document 1480 Deposition Exhibit 3. (Attachments: # 1 Exhibit 4, # 2 Exhibit 5, # 3 Exhibit 7, # 4 Exhibit 8, # 5 Exhibit 10, # 6 Exhibit 11, # 7 Exhibit 12, # 8 Exhibit 13, # 9 Exhibit 14, # 10 Exhibit 15, # 11 Exhibit 17)(Richardson, Terry) Modified to edit text on 4/11/2008 (cbru, ). (Entered: 04/10/2008)
14832008-04-10 Additional Attachments to Main Document 1480 Deposition Exhibit 6. (Attachments: # 1 Exhibit 16)(Richardson, Terry) Modified to edit text on 4/11/2008 (cbru, ). (Entered: 04/10/2008)
14842008-04-11 Additional Attachments to Main Document 1480 Deposition Exhibit 9. (Richardson, Terry) Modified to edit text on 4/14/2008 (cbru, ). (Entered: 04/11/2008)
14852008-05-07 ORDER dismissing this action with prejudice as to plaintiffs Avondale Mills Incorporated and Factory Mutual Insurance Company and defendants Norfolk Southern Corporation and Norfolk Southern Railway Company. Signed by Honorable Margaret B Seymour on 5/6/2008. (cbru, ) (Entered: 05/07/2008)
14862008-07-02 Transcript of Proceedings Containing Juror Information held on March 6, 2008, before Judge Margaret B. Seymour. Court Reporter/Transcriber Dan Mayo, Telephone number 803-799-9325.. (dmayo, ) (Entered: 07/02/2008)
14872008-10-15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings jury trial held on March 11, 2008, before Judge Margaret B. Seymour. Court Reporter/Transcriber Dan Mayo, Telephone number 803-799-9325. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/5/2008. Redacted Transcript Deadline set for 11/17/2008. Release of Transcript Restriction set for 1/13/2009. (dmayo, ) (Entered: 10/15/2008)
14882008-10-15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings jury trial held on March 12, 2008, before Judge Margaret B. Seymour. Court Reporter/Transcriber Dan Mayo, Telephone number 803-799-9325. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/5/2008. Redacted Transcript Deadline set for 11/17/2008. Release of Transcript Restriction set for 1/13/2009. (dmayo, ) (Entered: 10/15/2008)
14892008-10-15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings jury trial held on March 13, 2008, before Judge Margaret B. Seymour. Court Reporter/Transcriber Dan Mayo, Telephone number 803-799-9325. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/5/2008. Redacted Transcript Deadline set for 11/17/2008. Release of Transcript Restriction set for 1/13/2009. (dmayo, ) (Entered: 10/15/2008)
14902008-10-15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings jury trial held on March 17, 2008, before Judge Margaret B. Seymour. Court Reporter/Transcriber Dan Mayo, Telephone number 803-799-9325. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/5/2008. Redacted Transcript Deadline set for 11/17/2008. Release of Transcript Restriction set for 1/13/2009. (dmayo, ) (Entered: 10/15/2008)
14912008-10-15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings jury trial held on March 18, 2008, before Judge Margaret B. Seymour. Court Reporter/Transcriber Dan Mayo, Telephone number 803-799-9325. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/5/2008. Redacted Transcript Deadline set for 11/17/2008. Release of Transcript Restriction set for 1/13/2009. (dmayo, ) (Entered: 10/15/2008)
14922008-10-15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings jury trial held on March 19, 2008, before Judge Margaret B. Seymour. Court Reporter/Transcriber Dan Mayo, Telephone number 803-799-9325. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/5/2008. Redacted Transcript Deadline set for 11/17/2008. Release of Transcript Restriction set for 1/13/2009. (dmayo, ) (Entered: 10/15/2008)
14932008-10-15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings jury trial held on March 26, 2008, before Judge Margaret B. Seymour. Court Reporter/Transcriber Dan Mayo, Telephone number 803-799-9325. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/5/2008. Redacted Transcript Deadline set for 11/17/2008. Release of Transcript Restriction set for 1/13/2009. (dmayo, ) (Entered: 10/15/2008)
14942008-10-15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings jury trial held on March 27, 2008, before Judge Margaret B. Seymour. Court Reporter/Transcriber Dan Mayo, Telephone number 803-799-9325. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/5/2008. Redacted Transcript Deadline set for 11/17/2008. Release of Transcript Restriction set for 1/13/2009. (dmayo, ) (Entered: 10/15/2008)
14952008-10-15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings jury trial held on March 28, 2008, before Judge Margaret B. Seymour. Court Reporter/Transcriber Dan Mayo, Telephone number 803-799-9325. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/5/2008. Redacted Transcript Deadline set for 11/17/2008. Release of Transcript Restriction set for 1/13/2009. (dmayo, ) (Entered: 10/15/2008)
14962008-10-15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings jury trial held on April 1, 2008, before Judge Margaret B. Seymour. Court Reporter/Transcriber Dan Mayo, Telephone number 803-799-9325. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/5/2008. Redacted Transcript Deadline set for 11/17/2008. Release of Transcript Restriction set for 1/13/2009. (dmayo, ) (Entered: 10/15/2008)
14972008-10-15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings jury trial held on April 3, 2008, before Judge Margaret B. Seymour. Court Reporter/Transcriber Dan Mayo, Telephone number 803-799-9325. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/5/2008. Redacted Transcript Deadline set for 11/17/2008. Release of Transcript Restriction set for 1/13/2009. (dmayo, ) (Entered: 10/15/2008)