Case Details

CourtDistrict of South Carolina
Docket number1:08-cv-01707
Date case filed2008-04-23
Date case closed2010-05-17
Date of latest filing2009-09-29
Assigned toHonorable Margaret B Seymour
Case cause33:1319 Clean Water Act
Nature of suit893 Environmental Matters
Jury demandPlaintiff
Demand
JurisdictionU.S. Government Plaintiff

Case Parties

Party: USA
Party type: Plaintiff
Attorney name: Raymond Emery Clark
Attorney Contact:
US Attorneys Office
1441 Main Street
Suite 500
Columbia, SC 29201
803-929-3000
Fax: 803-252-2759
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Angela Mo
Attorney Contact:
US Department of Justice (EES)
Environmental Enforcement Section
PO Box 7611
Washington, DC 20044-7611
202-514-1707
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: David H Forsythe
Attorney Contact:
US Department of Justice (EES)
Environmental Enforcement Section
PO Box 7611
Washington, DC 20044-7611
202-616-6528
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Patricia L Hurst
Attorney Contact:
US Department of Justice (EES)
Environmental Enforcement Section
PO Box 7611
Washington, DC 20044-7611
202-305-0312
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Norfolk Southern Railway Company
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: Karen Aldridge Crawford
Attorney Contact:
Nelson Mullins Riley and Scarborough (Cola)
PO Box 11070
Columbia, SC 29211
803-799-2000
Fax: 803-256-7500
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: William Eron Gerard
Attorney Contact:
Sidley Austin
1501 K Street NW
Washington, DC 20005
202-736-8592
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE 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]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: David T Buente , Jr
Attorney Contact:
Sidley Austin
1501 K Street NW
Washington, DC 20005
202-736-8111
Email: [email protected]
PRO HAC VICE 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]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Peter R Steenland
Attorney Contact:
Sidley Austin
1501 K Street NW
Washington, DC 20005
202-736-8532
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Ragu-Jara Gregg
Attorney Contact:
Sidley Austin
1501 K Street NW
Washington, DC 20005
202-736-8581
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12008-04-23 ComplaintCOMPLAINT against Norfolk Southern Railway Company (Filing fee waived.), filed by USA.(cbru, ) (Entered: 04/24/2008)
32008-04-23 Request for Waiver of ServiceREQUEST FOR WAIVER of Service by USA. (Attachments: # 1 Waiver of Service)(cbru, ) (Entered: 04/24/2008)
42008-04-23 Local Rule 26.01 Answers to InterrogatoriesLocal Rule 26.01 Answers to Interrogatories by USA.(cbru, ) (Entered: 04/24/2008)
52008-05-27 Waiver of Service ExecutedWAIVER OF SERVICE by USA. Norfolk Southern Railway Company waiver executed on 5/23/2008, answer due 7/22/2008. (Clark, Raymond) (Entered: 05/27/2008)
72008-06-24 Motion to DismissMOTION to Dismiss by Norfolk Southern Railway Company. Response to Motion due by 7/14/2008 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)No proposed order(Wray, Ronald) (Entered: 06/24/2008)
7.1 Exhibit 1
7.2 Exhibit 2
7.3 Exhibit 3
7.4 Exhibit 4
7.5 Exhibit 5
82008-06-24 Local Rule 26.01 Answers to InterrogatoriesLocal Rule 26.01 Answers to Interrogatories by Norfolk Southern Railway Company.(Wray, Ronald) (Entered: 06/24/2008)
92008-06-24 Motion to Appear Pro Hac ViceMOTION to Appear Pro Hac Vice by David T. Buente, Jr. ( Filing fee $ 250 receipt number 04200000000001579158) by Norfolk Southern Railway Company. Response to Motion due by 7/14/2008 (Attachments: # 1 Addendum Application/Affidavit for Pro Hac Vice Admission, # 2 Addendum Certification of Good Standing)No proposed order(Wray, Ronald) (Entered: 06/24/2008)
102008-06-24 Motion to Appear Pro Hac ViceMOTION to Appear Pro Hac Vice by Ragu-Jara Gregg ( Filing fee $ 250 receipt number 04200000000001579209) by Norfolk Southern Railway Company. Response to Motion due by 7/14/2008 (Attachments: # 1 Application/Affidavit for Pro Hac Vice Admission, # 2 Certification of Good Standing)No proposed order(Wray, Ronald) (Entered: 06/24/2008)
112008-06-24 Motion to Appear Pro Hac ViceMOTION to Appear Pro Hac Vice by Peter R. Steenland ( Filing fee $ 250 receipt number 04200000000001579238) by Norfolk Southern Railway Company. Response to Motion due by 7/14/2008 (Attachments: # 1 Application/Affidavit for Pro Hac Vice Admission, # 2 Certification of Good Standing)No proposed order(Wray, Ronald) (Entered: 06/24/2008)
122008-06-24 Motion to Appear Pro Hac ViceMOTION to Appear Pro Hac Vice by Davis Forsythe by USA. Response to Motion due by 7/14/2008 (Attachments: # 1 Application for Pro Hac Vice Admission by Davis Forsythe)No proposed order(Clark, Raymond) (Additional attachment(s) added on 6/24/2008: # 1 Application for Pro Hac Vice Admission by Davis Forsythe) (mdea, ). Modified on 6/24/2008 to replace incorrect document with corrected document as provided by filing user as requsted by filer via telephone call (mdea, ). (Entered: 06/24/2008)
132008-06-24 Motion to Appear Pro Hac ViceMOTION to Appear Pro Hac Vice by Patricia L. Hurst by USA. Response to Motion due by 7/14/2008 (Attachments: # 1 Application for Pro Hac Vice Admission by Patricia Hurst)No proposed order(Clark, Raymond) (Entered: 06/24/2008)
142008-06-24 Order on Motion to Appear Pro Hac ViceORDER granting 9 Motion to Appear Pro Hac Vice for David T Buente Jr; granting 10 Motion to Appear Pro Hac Vice for Ragu-Jara Gregg; granting 11 Motion to Appear Pro Hac Vice for Peter R Steenland Signed by Honorable Margaret B Seymour on 6/24/08.(asni, ) (Entered: 06/25/2008)
152008-06-25 Order on Motion to Appear Pro Hac ViceORDER granting 12 Motion to Appear Pro Hac Vice for Davis H Forsythe; granting 13 Motion to Appear Pro Hac Vice for Patricia L Hurst. Signed by Honorable Margaret B Seymour on 6/25/08.(asni, ) (Entered: 06/26/2008)
162008-06-25 Document Mailed***DOCUMENT MAILED 15 Order on Motion to Appear Pro Hac Vice, placed in U.S. Mail to Patricia Hurst (asni, ) (Entered: 06/26/2008)
172008-07-08 Motion to Appear Pro Hac ViceMOTION to Appear Pro Hac Vice by Crawford S. McGivaren, Jr. ( Filing fee $ 250 receipt number 04200000000001600490) by Norfolk Southern Railway Company. Response to Motion due by 7/28/2008 (Attachments: # 1 Pro Hac Vice Application, # 2 Certificate of Good Standing)No proposed order(Wray, Ronald) Additional attachment entry 19 added on 7/9/2008 (asni, ). (Entered: 07/08/2008)
182008-07-09 Response in Opposition to MotionRESPONSE in Opposition re 7 MOTION to Dismiss Response filed by USA.Reply to Response to Motion due by 7/21/2008 (Clark, Raymond) (Entered: 07/09/2008)
192008-07-09 Additional Attachments to Main DocumentAdditional Attachments to Main Document 17 MOTION to Appear Pro Hac Vice by Crawford S. McGivaren, Jr. (Wray, Ronald) Modified to remove duplicative text on 7/10/2008 (asni, ). (Entered: 07/09/2008)
202008-07-11 Order on Motion to Appear Pro Hac ViceORDER granting 17 Motion to Appear Pro Hac Vice Signed by Honorable Margaret B Seymour on 7/10/2008.(mdea ) (Entered: 07/11/2008)
212008-07-14 Reply to Response to MotionREPLY to Response to Motion re 7 MOTION to Dismiss Response filed by Norfolk Southern Railway Company. (Wray, Ronald) (Entered: 07/14/2008)
272008-08-26 Rule 26 Discovery PlanRule 26 Outline of Discovery Plan by USA and Norfolk Southern Railway Company. (Attachments: # 1 Attachment A, Rule 26(f) Report, # 2 Attachment B, Plaintiff's Answers to Local Rule 26.03 Interrogatories, Clark, Raymond) Modified to edit text and add filer on 9/2/2008 (asni, ). Modified to add filer not listed on document on 9/8/2008 (asni, ). (Entered: 08/29/2008)
282008-08-26 Local Rule 26.03 Answers to InterrogatoriesLocal Rule 26.03 Answers to Interrogatories by Norfolk Southern Railway Company.(asni, ) (Entered: 09/02/2008)
292008-09-02 Entry DeletionENTRY DELETED 24 Corrected Filing Document Number: 27 & 28 Modified filing date to that of original filing: 8/26/08 Reason for Deletion: document not signed by attorney who filed it, wrong event code used and documents incorporated into main document that should have been attachments. (asni, ) (Entered: 09/02/2008)
302009-01-07 Notice of Hearing on MotionNOTICE of Hearing on Motion 7 MOTION to Dismiss : Motion Hearing set for 1/28/2009 02:00 PM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (asni, ) (Entered: 01/07/2009)
312009-01-26 Notice of Rescheduled HearingNOTICE OF RESCHEDULED HEARING Motion Hearing set for 1/28/2009 02:00 PM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour cancelled and rescheduled to: Motion Hearing set for 2/24/2009 11:00 AM in Columbia # 5, Matthew J. Perry, Court House, 901 Richland St, Columbia before Honorable Margaret B Seymour. (asni, ) (Entered: 01/26/2009)
322009-02-24 Order on Motion to DismissMinute Entry. Proceedings held before Honorable Margaret B Seymour: granting 7 Motion to Dismiss; Motion Hearing held on 2/24/2009 re 7 MOTION to Dismiss filed by Norfolk Southern Railway Company. Plaintiff is given leave to file an amended complaint by 3/11/2009. Court Reporter Debra Jernigan. (mdea ) Modified on 3/4/2009 to edit text (mdea, ). (Entered: 02/24/2009)
342009-03-09 Amended ComplaintAMENDED COMPLAINT against Norfolk Southern Railway Company, filed by USA. (Clark, Raymond) (Entered: 03/09/2009)
352009-03-11 OrderCONSENT ORDER that Defendant shall file a response to Plaintiffs amended complaint by March 25, 2009, Norfolk Southern Railway Company answer due 3/25/2009.. Signed by Honorable Margaret B Seymour on 3/11/09. (asni, ) (Entered: 03/11/2009)
372009-03-23 Motion to Appear Pro Hac ViceMOTION to Appear Pro Hac Vice by Angela Mo by USA. Response to Motion due by 4/10/2009 (Attachments: # 1 Application/Affidavit for Pro Hac Vice Admission, # 2 State Bar Letter)Proposed order is being emailed to chambers with copy to opposing counsel(Clark, Raymond) (Entered: 03/23/2009)
382009-03-24 Order on Motion to Appear Pro Hac ViceTEXT ORDER granting 37 Motion to Appear Pro Hac Vice for Angela Mo by USA. Signed by Honorable Margaret B Seymour on 3/24/09.(asni, ) (Entered: 03/24/2009)
392009-03-25 Answer to Amended ComplaintANSWER to 34 Amended Complaint by Norfolk Southern Railway Company.(Wray, Ronald) (Entered: 03/25/2009)
402009-03-25 Scheduling OrderCONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 4/14/2009, 26(a) Initial Disclosures due by 4/28/2009, Rule 26 Report due by 4/28/2009, Amended Pleadings due by 5/26/2009, Plaintiffs ID of Expert Witness due by 6/23/2009, Defendants ID of Expert Witnesses Due by 7/23/2009, Records Custodian Affidavit due by 7/23/2009, Discovery due by 9/21/2009, Motion in Limine due by 1/4/2010, Motions due by 10/6/2009, Rule 26(a)(3) Disclosures due by 12/21/2009, Pretrial Briefs due by 1/20/2010, Bench Trial Deadline 1/25/2010, ADR Statement due by 11/7/2009, Mediation Due by 12/7/2009,. Signed by Honorable Margaret B Seymour on 3/25/09. (asni, ) (Entered: 03/25/2009)
422009-04-02 Scheduling OrderCONSENT AMENDED SCHEDULING ORDER Amended Pleadings due by 5/26/2009, Plaintiffs ID of Expert Witness due by 6/1/2009, Defendants ID of Expert Witnesses Due by 7/15/2009, Records Custodian Affidavit due by 10/31/2009, Discovery due by 11/30/2009, Motion in Limine due by 1/15/2010, Motions due by 2/15/2010, Rule 26(a)(3) Disclosures due by 2/15/2010, Pretrial Briefs due by 3/27/2010, Bench Trial Deadline 4/1/2010, ADR Statement due by 12/31/2009, Mediation Due by 1/31/2010,. Signed by Honorable Margaret B Seymour on 4/2/09. (asni, ) Modified to edit text on 4/3/2009. This case is not subject to jury trial. jury selection deadline corrected to bench trial deadline. (asni, ). (Entered: 04/02/2009)
452009-04-07 Motion for Protective OrderMOTION for Protective Order by Norfolk Southern Railway Company. Response to Motion due by 4/27/2009 (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 (Part 1), # 10 Exhibit H (Part 2), # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L)No proposed order(Wray, Ronald) (Entered: 04/07/2009)
462009-04-13 Response in Opposition to MotionRESPONSE in Opposition re 45 MOTION for Protective Order Response filed by USA.Reply to Response to Motion due by 4/23/2009 (Clark, Raymond) (Additional attachment(s) added on 4/14/2009: # 1 Exhibit A) (asni, ). Modified to add to main document an attachment that was filed separately on 4/14/2009 (asni, ). (Entered: 04/13/2009)
482009-04-17 Motion for HearingConsent MOTION for Hearing re 45 MOTION for Protective Order by USA. Response to Motion due by 5/5/2009 No proposed order(Clark, Raymond) (Entered: 04/17/2009)
492009-04-17 Reply to Response to MotionREPLY to Response to Motion re 45 MOTION for Protective Order Response filed by Norfolk Southern Railway Company. (Wray, Ronald) (Entered: 04/17/2009)
512009-05-01 Notice of Hearing on MotionNOTICE of Hearing on Motion 45 MOTION for Protective Order : Motion Hearing set for 5/5/2009 10:30 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.(asni, ) (Entered: 05/01/2009)
522009-05-05 Motion HearingMinute Entry. Proceedings held via telephone before Honorable Margaret B Seymour: Motion Hearing held on 5/5/2009 re 45 MOTION for Protective Order filed by Norfolk Southern Railway Company. Government is to provide a list of proposed deposition topics for Court's review for duplication. Court will schedule a hearing if parties are unable to agree on topics after list is produced. Court Reporter Debra Jernigan. (mdea ) (Entered: 05/05/2009)
562009-05-11 Reply(Do not use this event to reply to a Motion)REPLY by USAto 52 Motion Hearing,. (Attachments: # 1 Deposition Topics Identified at This TIme)(Clark, Raymond) 5/14/2009: . Modified on 5/14/2009 to correct filing date(bbro, ). (Entered: 05/14/2009)
572009-05-14 Entry DeletionDELETION OF ENTRY NUMBER 54 Reason: Document incorporated into main document but should have been an attachment. Corrected Filing Document Number 56 Modified filing date to that of original filing: 5/11/09 (bbro, ) Modified on 5/14/2009 to edit text(bbro, ). (Entered: 05/14/2009)
592009-06-05 Motion to Appear Pro Hac ViceMOTION to Appear Pro Hac Vice by William E. Gerard ( Filing fee $ 250 receipt number 04200000000002129988) by Norfolk Southern Railway Company. Response to Motion due by 6/23/2009 (Attachments: # 1 Application for Pro Hac Vice Admission of William Gerard, # 2 Certificate of Good Standing for William Gerard)No proposed order(Kelly, Christopher) (Entered: 06/05/2009)
612009-06-10 Order on Motion to Appear Pro Hac ViceORDER granting 59 Motion to Appear Pro Hac Vice Signed by Honorable Margaret B Seymour on 6/9/09.(bbro, ) (Entered: 06/10/2009)
622009-06-18 Motion for Confidentiality OrderConsent MOTION for Confidentiality Order by USA, Norfolk Southern Railway Company. Response to Motion due by 7/6/2009 counsel(Kelly, Modified on 6/18/2009 to remove proposed order(bbro, ). (Entered: 06/18/2009)
632009-06-18 Motion for Protective OrderConsent MOTION for Protective Order by USA, Norfolk Southern Railway Company. Response to Motion due by 7/6/2009 (Kelly, Christopher) Modified on 6/18/2009 to remove proposed order (bbro, ). (Entered: 06/18/2009)
642009-06-22 Protective OrderPROTECTIVE ORDER for Hazardous Prediction and Assessment Capability (HPAC) Software. Motions terminated: 63 Consent MOTION for Protective Order filed by Norfolk Southern Railway Company, USA.. Signed by Honorable Margaret B Seymour on 6/19/09. (bbro, ) Modified on 6/23/2009 to edit text(bbro, ). (Entered: 06/22/2009)
652009-06-22 OrderCONFIDENTIALITY ORDER, Motions terminated: 62 Consent MOTION for Confidentiality Order filed by Norfolk Southern Railway Company, USA. Signed by Honorable Margaret B Seymour on 6/19/09. (bbro, ) (Entered: 06/22/2009)
662009-07-07 Motion to Appear Pro Hac ViceMOTION to Appear Pro Hac Vice by John Carson Duffey ( Filing fee $ 250 receipt number 04200000000002178640) by Norfolk Southern Railway Company. Response to Motion due by 7/27/2009 (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing for Indiana, # 3 Certificate of Good Standing for Ohio)Proposed order is being emailed to chambers with copy to opposing counsel(Kelly, Christopher) (Entered: 07/07/2009)
672009-07-07 Order on Motion to Appear Pro Hac ViceORDER granting 66 Motion for John Duffey to Appear Pro Hac Vice Signed by Honorable Margaret B Seymour on 7/7/2009.(mdea ) (Entered: 07/07/2009)
702009-07-15 Motion for Miscellaneous ReliefMOTION Motion for Pretrial Conference by USA. Response to Motion due by 8/3/2009 (Attachments: # 1 Memo in Support, # 2 Exhibit 1 - Letter to Patricia Hurst dated May 20, 2009, # 3 Exhibit 2 - Letter to Patricia Hurst dated June 26, 2009, # 4 Exhibit 3 - E-Mail from Gregg Juge to Patricia Hurst dated July 10, 2009, # 5 Exhibit 4 - Letter to R. Juge Gregg dated July 7, 2009, # 6 Exhibit 5 - New Areas of Deposition Questions - Dan Alton Bryson - Part 1, # 7 Exhibit 5 - New Areas of Deposition Questioning - Dan Alton Bryson - Part 2, # 8 Exhibit 6 - Notice of Deposition dated April 3, 2009, # 9 Exhibit 7 - Notice of Taking Deposition of Norfolk Southern Railway Company dated June 20, 2005, # 10 Exhibit 8 - Supplemental Notice of Taking 30(b)(6) Deposition of Norfolk Southern Railway Company dated June 30, 2005, # 11 Exhibit 9 - Notice of Taking of 30(b)(6) Deposition of Norfolk Southern Railway Company dated December 14, 2005, # 12 Exhibit 10 - Supplemental Notice of Taking of 30(b)(6) Deposition of Norfolk Southern Railway Company dated December 14, 2005, # 13 Exhibit 11 - Notice of Taking of 30(b)(6) Deposition of Norfolk Southern Railway Company dated December 21, 2006, # 14 Exhibit 12 - Amended Notice of 30(b)(6) Video Deposition of Defendant Norfolk Southern dated July 7, 2008)Proposed order is being emailed to chambers with copy to opposing counsel(Clark, Raymond) (Entered: 07/15/2009)
722009-07-15 Entry DeletionDELETION OF ENTRY NUMBER 71 Reason: Requested by filing attorney. Modified filing date to that of original filing: N/A Response due date modified to that of original filing: N/A (cbru, ) (Entered: 07/15/2009)
732009-07-15 Defendant's ID of Expert WitnessesDEFENDANT'S ID OF EXPERT WITNESSES by Norfolk Southern Railway Company.(Wray, Ronald) (Entered: 07/15/2009)
742009-07-15 Motion for Partial Summary JudgmentMOTION for Partial Summary Judgment by Norfolk Southern Railway Company. Response to Motion due by 8/3/2009 (Attachments: # 1 Memo in Support, # 2 Appendix, # 3 Exhibit A, # 4 Exhibit B-1, # 5 Exhibit B-2, # 6 Exhibit B-3, # 7 Exhibit B-4, # 8 Exhibit B-5, # 9 Exhibit B-6, # 10 Exhibit B-7, # 11 Exhibit B-8, # 12 Exhibit B-9, # 13 Exhibit B-10, # 14 Exhibit B-11, # 15 Exhibit B-12, # 16 Exhibit B-13, # 17 Exhibit B-14, # 18 Exhibit B-15, # 19 Exhibit C, # 20 Exhibit D-1, # 21 Exhibit D-2, # 22 Exhibit D-3, # 23 Exhibit E, # 24 Exhibit E-1, # 25 Exhibit E-2, # 26 Exhibit E-3, # 27 Exhibit E-4, # 28 Exhibit E-5, # 29 Exhibit E-6, # 30 Exhibit E-7, # 31 Exhibit E-8, # 32 Exhibit E-9, # 33 Exhibit E-10, # 34 Exhibit E-11, # 35 Exhibit E-12, # 36 Exhibit E-13, # 37 Exhibit E-14, # 38 Exhibit E-15, # 39 Exhibit E-16, # 40 Exhibit E-17, # 41Exhibit E-18, # 42 Exhibit F, # 43 Exhibit F-1, # 44 Exhibit G, # 45 Exhibit G-1, # 46 Exhibit G-2, # 47 Exhibit H, # 48 Exhibit I, # 49 Exhibit J, # 50 Exhibit K)No proposed order(Wray, Ronald) Modified on 7/16/2009 to edit text(bbro, ). (Entered: 07/15/2009)
752009-07-27 Motion for Extension of TimeJoint MOTION for Extension of Time to Respond to Motions by USA, Norfolk Southern Railway Company. Response to Motion due by 8/14/2009 Proposed order is being emailed to chambers with copy to opposing counsel(Kelly, Christopher) (Entered: 07/27/2009)
782009-07-28 Order on Motion for Extension of TimeORDER granting 75 Motion for Extension of Time Signed by Honorable Margaret B Seymour on 7/28/09.(bbro, ) (Entered: 07/28/2009)
792009-07-28 Entry DeletionDELETION OF Reason: error in original entry 78 was deleted and now corrected. Modified filing date to that of original filing: 7/28/2009 (bbro, ) (Entered: 07/28/2009)
802009-07-30 Protective OrderQUALIFIED PROTECTIVE ORDER. The parties agree to be bound by the conditions of this Order. Signed by Honorable Margaret B Seymour on 7/30/2009. (bbro, ) (Entered: 07/31/2009)
812009-08-21 Notice of HearingNOTICE of Hearing: Status Conference set for 8/21/2009 12:45 PM 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(bbro, ) (Entered: 08/21/2009)
822009-08-21 Status ConferenceMinute Entry. Proceedings held before Honorable Margaret B Seymour via telephone: Status Conference held on 8/21/2009. Parties request stay of scheduling order deadlines until 9/30/2009. Court will grant stay, written order forthcoming. Court Reporter Gary Smith. (mdea ) (Entered: 08/24/2009)
832009-08-24 Notice of HearingNOTICE of Hearing: Status Conference set for 9/24/2009 03:00 PM before Honorable Margaret B Seymour. This hearing will be conducted via telephone. Defendant's counsel shall initiate the call and have all parties on the line prior to contacting the Court at 803-253-3421.(mdea ) (Entered: 08/24/2009)
842009-08-25 Order Staying CaseCONSENT ORDER STAYING PROCEEDINGS, the deadline for both Plaintiff and Defendant to respond to motions is September 30 and the Court will conduct a telephone conference 9/24/2009.( Response to Motion due by 9/30/2009). Signed by Honorable Margaret B Seymour on 8/24/09. (bbro, ) (Entered: 08/25/2009)
852009-09-24 Notice of Rescheduled HearingNOTICE OF RESCHEDULED HEARING Status Conference set for 9/24/2009 03:00 PM before Honorable Margaret B Seymour. cancelled and rescheduled to: Status Conference set for 9/24/2009 03:30 PM before Honorable Margaret B Seymour. This hearing will be conducted via telephone. Defendant's counsel shall initiate the call and have all parties on the line prior to contacting the Court at 803-253-3421. PLEASE NOTE THIS IS A TIME CHANGE ONLY.(asni, ) (Entered: 09/24/2009)
862009-09-24 Status ConferenceMinute Entry. Status Conference held via telephone before Honorable Margaret B Seymour: Status Conference held on 9/24/2009. Parties request a 60 day extension of stay to further pursue settlement efforts - granted; written order forthcoming. No Court Reporter present. (mdea ) (Entered: 09/24/2009)
872009-09-29 OrderCONSENT ORDER extending stay of proceedings by an additional sixty (60) days. Response to motion for pretrial conference is extended until November 30, 2009; response to motion for partial summary judgment is extended until November 30, 2009; deadline for Plaintiffs submission of rebuttal expert reports is hereby extended until November 30, 2009.. Signed by Honorable Margaret B Seymour on 9/29/09. (asni, ) (Entered: 09/30/2009)
892009-10-07 MOTION to Amend/Correct Order to Preserve Certain Physical Evidence by Norfolk Southern Railway Company. Response to Motion due by 10/26/2009 (Attachments: # 1 Exhibit A)Proposed order is being emailed to chambers with copy to opposing counsel(Wray, Ronald) (Entered: 10/07/2009)
902009-10-28 AMENDED ORDER to preserve certain physical evidence; granting (273) Motion to Amend/Correct in case 1:06-mn-06000-MBS; granting (89) Motion to Amend/Correct in case 1:08-cv-01707-MBS Signed by Honorable Margaret B Seymour on 10/27/09.Associated Cases: 1:06-mn-06000-MBS, 1:08-cv-01707-MBS(asni, ) (Entered: 10/28/2009)
912009-11-24 CONSENT ORDER extending stay of proceedings by an additional sixty (60) days. Response to motion for pretrial conference is extended until January 29, 2010; response to motion for partial summary judgment is extended until January 29, 2010; deadline for Plaintiffs submission of rebuttal expert reports is hereby extended until January 29, 2010.. Signed by Honorable Margaret B Seymour on 11/24/09. (asni, ) (Entered: 11/25/2009)
932010-01-25 Joint MOTION for Extension of Time Stay of Proceedings and Deadlines by Norfolk Southern Railway Company, USA. Response to Motion due by 2/11/2010 Proposed order is being emailed to chambers with copy to opposing counsel(Clark, Raymond) (Entered: 01/25/2010)
942010-01-27 NOTICE of Hearing on Motion 93 Joint MOTION for Extension of Time Stay of Proceedings and Deadlines : Motion Hearing set for 1/28/2010 02:30 PM before Honorable Margaret B Seymour. This hearing will be conducted via telephone. Plaintiff's counsel shall initiate the call and have all parties on the line prior to contacting the Court at 803-253-3421. (mdea ) (Entered: 01/27/2010)
952010-01-28 Minute Entry. Proceedings held via telephone before Honorable Margaret B Seymour: withdrawing with leave to refile 45 Motion for Protective Order; withdrawing with leave to refile 70 Motion for Pretrial Conference; withdrawing with leave to refile 74 Motion for Partial Summary Judgment; Motion Hearing held via telephone on 1/28/2010 re 93 Joint MOTION for Stay of Proceedings and Deadlines filed by Norfolk Southern Railway Company, USA. Parties agree to withdraw pending motions with leave to refile. Court will grant motion for extension of stay, written order forthcoming. Court Reporter Kathleen Richardson. (mdea ) (Entered: 01/28/2010)
962010-01-28 ORDER granting 93 Motion for Extension of Time staying proceedings and deadlines for an additional (90) days. Signed by Honorable Margaret B Seymour on 1/28/2010.(asni, ) (Entered: 01/29/2010)
972010-03-08 NOTICE TO LODGE of Consent Decree by USA (Attachments: # 1 Consent Decree)(Clark, Raymond) (Entered: 03/08/2010)
97.1
982010-04-29 Joint MOTION to Stay Proceedings and Deadlines by Norfolk Southern Railway Company, USA. Response to Motion due by 5/17/2010 No proposed order(Clark, Raymond) (Entered: 04/29/2010)
992010-04-29 TEXT ORDER granting 98 Motion to Stay proceedings and deadlines Signed by Honorable Margaret B Seymour on 4/29/2010.(asni, ) (Entered: 04/29/2010)
1002010-05-10 MOTION UNOPPOSED MOTION TO ENTER CONSENT DECREE by USA. Response to Motion due by 5/27/2010 (Attachments: # 1 Appendix A, LIST OF POSITIONS ELIGIBLE TO RECEIVE ICS 400 LEVEL TRAINING, # 2 Appendix B, SEP WORK PLAN, No proposed order(Clark, Raymond) Modified to remove proposed order on 5/11/2010 (asni, ). (Entered: 05/10/2010)
1012010-05-13 RESPONSE in Support re 100 MOTION UNOPPOSED MOTION TO ENTER CONSENT DECREE Response filed by Norfolk Southern Railway Company. (Crawford, Karen) (Entered: 05/13/2010)
1022010-05-17 CONSENT DECREE Signed by Honorable Margaret B Seymour on 5/17/2010. (Attachments: # 1 Exhibit Appendix A, # 2 Exhibit Appendix B)(asni, ) (Entered: 05/17/2010)
102.1 Exhibit Appendix A
102.2 Exhibit Appendix B
1032011-10-05 JOINT STIPULATION AND ORDER TERMINATING THE CONSENT DECREE re 102 Order. Signed by Honorable Margaret B Seymour on 10/5/2011. (asni, ) (Entered: 10/06/2011)