Whitted v. Norfolk Southern Railway Company, Inc.
Court Docket Sheet

2:2013-cv-01550 (alnd)

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Description
1
08/22/2013
COMPLAINT against Norfolk Southern Railway Company, Inc., filed by Warren Whitted.
1
Exhibit A
2
Exhibit B
3
https://ecf.alnd.uscourts.gov/doc1/01913329492" onClick="goDLS{{'/doc1/01913329492','148932','6','','2','1','',''}};">3</a> Civil Cover Sheet)
3 Attachments
2
08/22/2013
NOTICE REGARDING CONSENT.
08/22/2013
Filing Fee received in the amount of $400.00, Credit Card receipt_number 1126-1994282, NDAL receipt #B4601046263. Modified on 8/22/2013 (Text entry; no document attached.)
3
08/22/2013
Request for service by certified mail filed by Warren Whitted.
4
08/23/2013
Summons Issued as to Norfolk Southern Railway Company, Inc. via certified U.S. Mail on this the 23rd day of August, 2013.
5
08/27/2013
SUMMONS Returned Executed upon Norfolk Southern Railway Company, Inc., served on 8/26/2013, answer due 9/16/2013.
6
09/05/2013
MOTION for Extension of Time (Unopposed) by Norfolk Southern Railway Company, Inc.
7
09/05/2013
MOTION for Leave to Appear Pro Hac Vice for Thomas H. May by Norfolk Southern Railway Company, Inc.
1
Exhibit Certificate of Good Standing
1 Attachment
09/05/2013
PHV Fee paid for Thomas H. May in the amount of $50.00, Credit Card receipt number 1126-2003441, NDAL receipt #B4601046576. Modified on 9/5/2013 (Text entry; no document attached.)
8
09/05/2013
ORDER GRANTING 6 MOTION for Extension of Time, Defendant's answer is now due, on or before September 30, 2013. GRANTING 7 MOTION for Thomas H. May Leave to Appear Pro Hac Vice for Norfolk Southern Railway Company, Inc. Signed by Judge James H Hancock on 9/5/2013.
09/05/2013
Set/Reset Deadlines: Norfolk Southern Railway Company, Inc. answer due on or before September 30, 2013. (Text entry; no document attached.)
9
09/30/2013
ANSWER to 1 Complaint by Norfolk Southern Railway Company, Inc.
10
10/04/2013
MOTION to Stay by Warren Whitted.
11
10/04/2013
MOTION to Amend/Correct Complaint by Warren Whitted.
1
Exhibit Exhibit A
1 Attachment
12
10/07/2013
Corporate Disclosure Statement by Norfolk Southern Railway Company, Inc. filed by Norfolk Southern Railway Company, Inc.
13
10/07/2013
ORDER GRANTING 11 MOTION to Amend Complaint. Plaintiff is DIRECTED to file the Amended Complaint, as set forth in Exhibit A of the Motion, by October 9, 2013. Signed by Judge James H Hancock on 10/7/2013.
14
10/08/2013
AMENDED COMPLAINT filed by Warren Whitted Modified on 10/8/2013
15
10/10/2013
REPORT of Rule 26(f) Planning Meeting.
16
10/14/2013
Defendant's ANSWER to Complaint as Amended by Plaintiff by Norfolk Southern Railway Company, Inc.
17
10/16/2013
RESPONSE in Opposition re 10 MOTION to Stay filed by Norfolk Southern Railway Company, Inc.
1
Text of Proposed Order
1 Attachment
18
10/16/2013
RESPONSE to re 17 filed by Warren Whitted.
19
10/17/2013
REPLY to re 18 Reply to Response to Motion to Stay filed by Norfolk Southern Railway Company, Inc.
20
10/21/2013
ORDER GRANTING 10 MOTION to Stay. This case is hereby STAYED for ninety (90) days. The parties are DIRECTED to file a Joint Status Report every 30 days informing the Court of the status of the EEOC's investigation and findings on the class action issue. Signed by Judge James H Hancock on 10/21/2013.
21
10/23/2013
WITHDRAWN BY ORDER dtd 10/24/13 doc #22 -SCHEDULING ORDER: Discovery due by 7/11/2014. Potentially dispositive motions due by 9/11/2014. Disclosure of expert witnesses, including a complete report from any retained experts, due from plaintiff by 2/14/2014, and from defendant by 3/14/2014. All other dates and deadlines as set out in this order. Signed by Judge James H Hancock on 10/23/13. (LTM) Modified on 4/16/2014
22
10/24/2013
ORDER The October 23, 2013 scheduling order 21 was entered by error as this case was stayed by order of October 21, 2013 20. Accordingly, the scheduling order 21 is hereby WITHDRAWN. Signed by Judge James H Hancock on 10/24/13.
23
11/21/2013
STATUS REPORT by Warren Whitted. filed by Warren Whitted
24
12/20/2013
STATUS REPORT (Joint) by Norfolk Southern Railway Company, Inc. filed by Norfolk Southern Railway Company, Inc.
25
01/20/2014
STATUS REPORT Joint by Warren Whitted. filed by Warren Whitted
26
01/27/2014
MOTION to issue a scheduling order by Norfolk Southern Railway Company, Inc.
1
Text of Proposed Order
1 Attachment
27
02/03/2014
ORDER TO SHOW CAUSE; Plaintiff is hereby DIRECTED to SHOW CAUSE, if there be any, why the 26 Motion to Issue Scheduling Order should not be granted, on or before February 10, 2014. Signed by Judge James H Hancock on 2/3/2014.
02/03/2014
Set/Reset Deadlines as to 26 MOTION to issue a Scheduling Order. Responses due by 2/10/2014. (Text entry; no document attached.)
28
02/10/2014
RESPONSE in Opposition re 26 MOTION to issue a scheduling order filed by Warren Whitted.
29
02/14/2014
REPLY to Response to Motion re 26 MOTION to issue a scheduling order filed by Norfolk Southern Railway Company, Inc.
30
02/14/2014
ORDER DENYING 26 MOTION to issue a Scheduling Order, GRANTING 28 Renewed Motion to Stay. The parties are DIRECTED to file a Joint Report every 30 days informing the Court of the status of the EEOC's investigation and findings on the class action issue. Signed by Judge James H Hancock on 2/14/2014.
31
03/14/2014
STATUS REPORT by Warren Whitted. filed by Warren Whitted
32
04/15/2014
STATUS REPORT by Warren Whitted. filed by Warren Whitted
33
04/15/2014
MOTION to Stay by Warren Whitted.
34
04/15/2014
MOTION to issue scheduling order re 33 MOTION to Stay by Norfolk Southern Railway Company, Inc.
1
Text of Proposed Order
1 Attachment
35
04/16/2014
ORDER OF RECUSAL. Judge James H Hancock hereby recuses himself from this case. Case reassigned to Judge Virginia Emerson Hopkins for all further proceedings. Please use case number 2:13-CV-1550-VEH on all future pleadings. Signed by Judge James H Hancock on 4/16/2014.
36
04/16/2014
UNIFORM INITIAL ORDER - with appendices attached. Signed by Judge Virginia Emerson Hopkins on 4/16/14.
37
04/16/2014
ORDER REGARDING RULE 7.1. Signed by Judge Virginia Emerson Hopkins on 04/28/09.
04/23/2014
ORDER denying 33 Motion to Stay; granting 34 Motion for Scheduling Order. The court will enter a separate scheduling order. Signed by Judge Virginia Emerson Hopkins on 4/23/2014. (Text entry; no document attached.)
38
04/24/2014
SCHEDULING ORDER: All Discovery due by 12/12/2014. All potentially Dispositive Motions due by 1/14/2015. See all other deadlines and instructions as set out herein. Signed by Judge Virginia Emerson Hopkins on 4/24/2014.
39
07/07/2014
Joint MOTION for Extension of Time by Warren Whitted.
07/08/2014
ORDER granting 39 Motion for Extension of Time. The 38 Scheduling Order is hereby modified as follows: the disclosure of expert witness deadline is extended to August 30, 2014, for the Plaintiff and September 26, 2014, for the Defendant. No other deadlines are changed. Signed by Judge Virginia Emerson Hopkins on 7/8/2014. (Text entry; no document attached.)
07/08/2014
Reset Deadlines: Expert Witness List due by August 30, 2014, for the Plaintiff and September 26, 2014, for the Defendant. (Text entry; no document attached.)
40
09/15/2014
STIPULATION Pursuant to FRCP 26(a)(2)(A)(B)and (C) by Norfolk Southern Railway Company, Inc. filed by Norfolk Southern Railway Company, Inc.
41
10/27/2014
MOTION to Withdraw as Attorney by Warren Whitted.
42
10/27/2014
TEXT ORDER GRANTING 41 MOTION to Withdraw as Attorney. Attorney Matthew R Hill terminated. Signed by Judge Virginia Emerson Hopkins on 10/27/2014.
43
12/02/2014
Joint MOTION for Extension of Time to Complete Discovery by Warren Whitted.
44
12/02/2014
ORDER granting 43 Motion for Extension of Time to Complete Discovery. ALL UNEXPIRED DEADLINES in this case are hereby EXTENDED by 60 days. Signed by Judge Virginia Emerson Hopkins on 12/2/2014.
12/03/2014
Reset Deadlines: Discovery due by 2/2/2015. Dispositive Motions due by 3/16/2015. (Text entry; no document attached.)
45
02/03/2015
ORDER that the parties to this action are to confer and file a Joint Status Report regarding the possibility of Settlement within 14 days from the entry date of this Order. Signed by Judge Virginia Emerson Hopkins on 2/3/2015.
46
02/17/2015
JOINT STATUS REPORT by Warren Whitted.
47
03/17/2015
ORDER SETTING PRETRIAL CONFERENCE; A Joint Proposed Pretrial Order is due by Wednesday, May 13, 2015. A Pretrial Conference is hereby set for Wednesday May 20, 2015, at 12:00 NOON, in the sixth floor chambers before Judge Virginia Emerson Hopkins in the Hugo L Black US Courthouse, Birmingham, AL. Signed by Judge Virginia Emerson Hopkins on 3/17/2015.
48
05/06/2015
NOTICE of Appearance by Heather N Leonard on behalf of Warren Whitted
49
05/06/2015
MOTION for Leave to Appear via Telephone by Warren Whitted.
50
05/07/2015
Joint MOTION to Take Deposition by Warren Whitted.
51
05/11/2015
TEXT ORDER granting 50 Joint Motion to Take Deposition of Dr. Paula J. Stewart; this order does NOT reopen discovery in general, ONLY to take this specific deposition. Signed by Judge Virginia Emerson Hopkins on 5/11/15.
52
05/14/2015
TEXT ORDER DENYING 49 unopposed MOTION for Leave to Appear via Telephone at pretrial conference filed by Warren Whitted, as not being present at pretrial conference does not preclude being co-counsel at trial. Signed by Judge Virginia Emerson Hopkins on 05/14/2015.
53
05/20/2015
PRETRIAL ORDER; Oral arguments on any unresolved Pretrial matters will be heard and a Preliminary Charge Conference will be held on September 4, 2015, at 10 AM, at the Hugo L. Black United States Courthouse, Birmingham, Alabama before Judge Virginia Emerson Hopkins. A Jury Trial is hereby set for September 14, 2015 at the Hugo L. Black United States Courthouse before Judge Virginia Emerson Hopkins. Signed by Judge Virginia Emerson Hopkins on 5/20/2015.
05/20/2015
Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Pretrial Conference held on 5/20/2015; preliminary charge conference to be set by separate order on 9/4/15 and jury trial (2 weeks) set 914/15. (Text entry; no document attached.)
54
06/08/2015
Consent MOTION Reschedule Trial Date re 53 Pretrial Order by Norfolk Southern Railway Company, Inc.
1
https://ecf.alnd.uscourts.gov/doc1/01913888289" onClick="goDLS{{'/doc1/01913888289','148932','175','','2','1','',''}};">1</a> Text of Proposed Order) Modified on 6/8/2015
1 Attachment
55
06/12/2015
TEXT ORDER GRANTING 54 Consent MOTION to Reschedule Trial Date re 53 Pretrial Order filed by Norfolk Southern Railway Company, Inc. Jury Trial originally set for 9/14/2015 HAS BEEN RESET to begin on 11/9/2015 at 09:00 AM in Hugo L Black US Courthouse, 6-A, Birmingham, AL before Judge Virginia Emerson Hopkins, but in all other respects the Order of May 20, 2015 shall remain in effect, and understanding that court will not be held on 11/11/2015 for observance of Veterans Day. Signed by Judge Virginia Emerson Hopkins on 6/12/15.
56
06/17/2015
TEXT NOTICE of Hearing: Preliminary Charge Conference and hearing on any motions and objections originally set for 9/4/15 HAS BEEN RESET FOR Wednesday, 11/4/2015 at 01:30 PM in Hugo L Black US Courthouse, 6-A, Birmingham, AL before Judge Virginia Emerson Hopkins.
57
10/08/2015
Unopposed MOTION to Reschedule Trial by Norfolk Southern Railway Company, Inc.
1
Text of Proposed Order
1 Attachment
58
10/14/2015
ORDER GRANTING 57 Unopposed MOTION to Reschedule Trial. The Order of May 20, 2015 and Text Order of June 12, 2015 are hereby modified. Trial in this matter will commence on March 14, 2016, in the Hugo L Black US Courthouse, Birmingham, AL before Judge Virginia Emerson Hopkins. The Final Pretrial and Preliminary Charge Conference shall be held on March 4, 2016 at 10:00 AM, at 204 U. S. Courthouse, 1129 Noble Street, Anniston, AL and all Pretrial Deadlines set in accordance with that date. In all other respects the Order of May 20, 2015 remains in full force and effect. Signed by Judge Virginia Emerson Hopkins on 10/14/2015.
59
10/21/2015
TEXT NOTICE of Hearings: At the request and agreement of the parties, thePreliminary Charge Conference and hearing on objections HAS BEEN RESET FOR Friday, 1/15/2016 at 10:00 AM in Hugo L Black US Courthouse, 6-A, Birmingham, AL before Judge Virginia Emerson Hopkins. Jury Trial HAS BEEN RESET FOR Monday, 1/25/2016 at 09:00 AM in Hugo L Black US Courthouse, 6-A, Birmingham, AL before Judge Virginia Emerson Hopkins. All other deadlines remain the same.
60
12/17/2015
Witness List and Exhibit List by Norfolk Southern Railway Company, Inc.
61
12/23/2015
Witness List by Warren Whitted.
62
12/23/2015
Exhibit List by Warren Whitted.
63
12/23/2015
Opposition to re 60 filed by Warren Whitted.
64
12/28/2015
Joint MOTION to Amend/Correct Pretrial Deadlines by Warren Whitted.
65
12/28/2015
MOTION in Limine by Warren Whitted.
66
12/28/2015
Deposition Designations by Warren Whitted
1
Exhibit 1
1 Attachment
67
12/28/2015
ORDER granting 64 Motion to Amend/Correct as set out in such motion. Signed by Judge Virginia Emerson Hopkins on 12/28/2015.
68
12/28/2015
TEXT ORDER granting 64 Joint Motion to Amend/Correct sched order to reflect that the confer deadline is January 6, 2016 and the deadline to notify the Court of any remaining objections regarding witness and exhibit lists by January 11, 2016. The court will rule on any objections to witnesses and exhibits at the preliminary charge conference. Signed by Judge Virginia Emerson Hopkins on 12/28/2015.
69
12/28/2015
MOTION in Limine by Norfolk Southern Railway Company, Inc.
1
Text of Proposed Order
1 Attachment
70
12/30/2015
Defendant's Objections to Plaintiff's Exhibits - doc 62, filed by Norfolk Southern Railway Company, Inc. Modified on 1/7/2016
71
01/04/2016
NOTICE by Norfolk Southern Railway Company, Inc. re 66 Notice (Other) Defendant's Counter Designations and Objections
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
4 Attachments
72
01/07/2016
Opposition to Motion in limine 69 filed by Warren Whitted.
73
01/08/2016
MOTION Production of two witnesses at trial by Warren Whitted.
74
01/08/2016
RESPONSE to Motion re 65 MOTION in Limine filed by Norfolk Southern Railway Company, Inc.
75
01/11/2016
Joint MOTION in Limine by Warren Whitted.
1
Supplement
1 Attachment
76
01/11/2016
RESPONSE to Motion re 73 MOTION Production of two witnesses at trial filed by Norfolk Southern Railway Company, Inc.
01/15/2016
Minute Entry for proceedings held before Judge Virginia Emerson Hopkins (Birmingham): Preliminary Charge Conference and hearing on any objections and on pending motions in limine and other motions held on 1/15/2016. Rulings on record; (Court Reporter Margaret Wasmund.) (Text entry; no document attached.)
77
01/20/2016
ORDER- -The undersigned hereby SUSTAINS all requests to exclude, whether stated in motions in limine or in objections to exhibits, to the extent that those requests are unopposed, as stated in the motion, objection, or the joint statement of unresolved issues 75. The undersigned hereby SUSTAINS or OVERRULES Pltf's requests to exclude as set out. The undersigned hereby SUSTAINS Dft's objections to the penultimate and antepenultimate paragraphs of page two of Plaintiffs Exhibit 1(c) as set out. In all other respects, the court OVERRULES Dft's objection to Plaintiffs Exhibit 1(c). The court DENIES Pltf's Motion 73 that the court compel Dft's witnesses who are outside the subpoena power of this court. Signed by Judge Virginia Emerson Hopkins on 1/20/2016.
78
01/25/2016
Jury Strikes of PLA Warren Whitted filed. (KWC).
79
01/25/2016
Jury Strikes of DFT Norfolk Southern Railway Company, Inc. filed. (KWC).
01/26/2016
Minute Entry for proceedings held before Judge Virginia Emerson Hopkins (Birmingham): Five jurors released prior to voir dire (see record); Voir Dire held on 1/26/2016; no challenges for cause; strikes filed; jury selected and sworn; Jury Trial began on 1/26/2016; opening statements; pla testimony; daily adj. (Court Reporter Margaret Wasmund) (Text entry; no document attached.)
01/26/2016
Minute Entry for proceedings held before Judge Virginia Emerson Hopkins (Birmingham): Jury Trial continuing on 1/26/2016; pla testimony; daily adj. (Court Reporter Margaret Wasmund) (Text entry; no document attached.)
01/27/2016
Minute Entry for proceedings held before Judge Virginia Emerson Hopkins (Birmingham): Jury Trial continuing on 1/27/2016; atty conf with Judge; pla testimomy; PLA RESTS; dft oral Rule 50 motion for jgm as matter of law on emotional damages; argument heard, DENIED (VEH); dft testimony; daily adj. (Court Reporter Margaret Wasmund) (Text entry; no document attached.)
01/28/2016
Minute Entry for proceedings held before Judge Virginia Emerson Hopkins (Birmingham): Jury Trial continuing on 1/28/2016; dft testimony; DFT RESTS; dft oral motion Rule 50 - jgm as matter of law as to punitive dmgs; arguments heard; MOTION TAKEN UNDER ADVISEMENT (VEH); final charge conf (in chambers); result of final charge conf on record; (Court Reporter Margaret Wasmund) (Text entry; no document attached.)
80
01/29/2016
Jury Instructions.
81
01/29/2016
Jury Question #1, answered by Judge Virginia Emerson Hopkins in writing (REDACTED). (KWC) (Additional SEALED attachment added on 1/29/2016: # 1 original SEALED question)
82
01/29/2016
JURY VERDICT (SEALED) finding for pla Whitted and against dft Norfolk Southern Co., Inc. (KWC) (Additional attachment added on 1/29/2016: # 1 redacted verdict) (KWC) Modified on 2/1/2016
01/29/2016
Minute Entry for proceedings held before Judge Virginia Emerson Hopkins (Birmingham): Jury Trial completed on 1/29/2016; conf with attys; pla and dft closing arguments; jury charge given (VEH); deliberations began; jury question #1, answered by VEH in writing w/consent of attys; verdict reached finding in favor of pla and against dft; verdict published; jury polled; court adj. (Court Reporter Margaret Wasmund) (Text entry; no document attached.)
83
01/29/2016
***VACATED***FINAL JUDGMENT is hereby ENTERED in favor of Plaintiff, Warren Whitted, and against Defendant, Norfolk Southern Railway Company Inc. in the amount of $10,596,521.95 (Ten Million, Five Hundred Ninety-Six Thousand, Five Hundred Twenty-One Dollars and Ninety-Five Cents). Costs are hereby taxed against Defendant. Signed by Judge Virginia Emerson Hopkins on 1/29/2016. (JLC) Modified on 1/29/2016
84
01/29/2016
SEALED JURY TRIAL SHEET and Exhibit Lists. (KWC) (Additional SEALED attachments added on 1/29/2016: # 1 pla exh list); # 2 dft exh list)
85
01/29/2016
ORDER VACATING 83 JUDGMENT AND REQUIRING BRIEFING not to exceed five (5) pages, on the effect of 42 U.S.C. ยง 1981a on the Jury Verdict in this case no later than 14 days after the entry of this Order. Signed by Judge Virginia Emerson Hopkins on 1/29/2016.
86
02/08/2016
STIPULATION by Warren Whitted. filed
87
02/09/2016
Transcript of Proceedings held on 1/28/2016, before Judge Virginia Emerson Hopkins. Court Reporter/Transcriber Margaret Wasmund, Telephone number 601-329-6113. 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. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 3/1/2016. Redacted Transcript Deadline set for 3/11/2016. Release of Transcript Restriction set for 5/9/2016.
88
02/12/2016
JOINT NOTICE OF INFORMAL SETTLEMENT by Warren Whitted. Modified on 2/12/2016
89
02/17/2016
FINAL JUDGMENT ORDER-In accordance with the jury verdict 82, reached on January 29, 2016, and modified by the parties' stipulation dated February 8, 2016 86, Final Judgment is hereby entered in favor of the Pltf in this case in the amount of $396,521.95. Costs are taxed against Dft. Signed by Judge Virginia Emerson Hopkins on 2/17/2016.
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