Case: Moore v. Norfolk Southern Corporation

Moore v. Norfolk Southern Corp.

COMPLAINT filed, amount paid $ 120, receipt # 200 73834 (DDR) (Entered: 01/19/1993)

SUMMONS and complaint issued del to pla (DDR) (Entered: 01/19/1993)

AMENDED complaint [1−1] filed cs (DDR) (Entered: 01/29/1993)

SUMMONS and amended complaint issued del to pla (DDR) (Entered: 01/29/1993)

ANSWER by defendant to the amended complaint w/JURY DEMAND thereon filed cs (DDR) (Entered: 02/12/1993)

ORDER (16b) setting certain deadlines as set out in this order by Judge U W. Clemon entered cm (DDR) (Entered: 02/23/1993)

MOTION by plaintiff to quash dft's third party subpoena filed cs (DDR) (Entered: 04/13/1993)

RESPONSE by defendant to pla's motion to quash dft's third party subpoena [5−1] filed cs (DDR) (Entered: 04/15/1993)

5 − ORDER denying motion to quash dft's third party subpoena [5−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 04/22/1993)

NOTICE of appearance for plaintiff by Lee David Winston filed cs (DDR) (Entered: 06/14/1993)

NOTICE of appearance for plaintiff by Robert F Childs Jr filed cs (DDR) (Entered: 06/22/1993)

NOTICE of appearance for defendant by Richard E Davis filed cs (DDR) (Entered: 07/12/1993)

INTERVENOR complaint filed cs on motion (DDR) (Entered: 07/13/1993)

9 − ORDER granting motion to intervene as party plaintiffs [9−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 07/13/1993)

MOTION by defendant Norfolk Southern to vacate order on motion to intervene filed cs (DDR) (Entered: 07/15/1993)

12 − ORDER granting motion to vacate order on motion to intervene [12−1] without prejudice terminating party Betty Webb, party Bobby Bland, party Larry . Taylor, party Clarence Mines, party William Carr, party Willie Gude, party Kenneth Sheffield, party Joeseph Burnett ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 07/19/1993)

MOTION by intervenor−plaintiff to reconsider motion to intervene w/exhibit attached filed cs (DDR) (Entered: 07/27/1993)

13 − ORDER granting motion to reconsider motion to intervene [13−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 08/11/1993)

ANSWER by defendant Norfolk Southern; jury demand filed cs (KAM) (Entered: 09/01/1993)

ORDER (AMENDED SCHEDULING) amending certain deadlines as set out in this order filed ( by Judge U W. Clemon ) cm (DDR) (Entered: 10/25/1993)

MOTION by defendant for leave to amend its answer to complaint filed cs (DDR) (Entered: 02/08/1994)

ANSWER (amended) by defendant to the complaint and to the complaint in intervention filed cs (DDR) (Entered: 02/23/1994)

16 − ORDER granting motion for leave to amend answer to complaint [16−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 02/24/1994)

AFFIDAVIT of Robert L. Wiggins, Jr. in support of attorney's fees filed cs (DDR) (Entered: 07/19/1994)

MOTION by defendant for protective order filed cs (DDR) (Entered: 03/22/1994)

ORDER granting motion for protective order [18−1] as set out in this order filed ( by Judge U W. Clemon ) cm (DDR) (Entered: 04/28/1994)

MOTION by plaintiff to compel dft to produce documents and computerized information w/exhibits attached filed cs (DDR) (Entered: 05/25/1994)

MOTION by defendant to compel discovery by pla w/exhibits attached filed cs (DDR) (Entered: 05/26/1994)

20 − ORDER granting motion to compel dft to produce documents and computerized information [20−1]; 10 days to produce ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 05/26/1994)

MOTION by defendant to vacate order on pla's motion to compel dft to produce documents and computerized information filed cs (DDR) (Entered: 05/27/1994)

MOTION by plaintiffs to clarify this court's order granting motion to compel production of documents and computer tapes w/exhibit attached filed cs (DDR) (Entered: 05/31/1994)

21 − ORDER denying motion to compel discovery by pla [21−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 06/01/1994)

22 − ORDER overruling motion to vacate order on pla's motion to compel dft to produce documents and computerized information [22−1] without prejudice to the filing of a motion to reconsider ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 06/06/1994)

MEMORANDUM, opinion, and order: filed ( by Judge U W. Clemon ) overruling without prejudice to Norfolk's right to file motion to reconsider, motion to vacate order on pla's motion to compel dft to produce documents and computerized [22−1] cm (BSH) (Entered: 06/03/1994)

MOTION by defendant Norfolk Southern for reconsideration of dft's motion to compel w/exhibits attached filed cs (DDR) (Entered: 06/14/1994)

MOTION by defendant for reconsideration of motion to vacate , and for vacation of 6/1/94 order on plas' motion to clarify w/exhibits seperately bound attached filed cs (DDR) (Entered: 06/15/1994)

MOTION by plaintiff for order compelling dft to cease destroying documents w/exhibit attached filed cs (DDR) (Entered: 06/20/1994)

26 − ORDER denying motion for reconsideration of motion to vacate [26−1], denying motion for vacation of 6/1/94 order on plas' motion to clarify [26−2] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 06/16/1994)

MOTION by plaintiffs for sanctions filed cs (DDR) (Entered: 06/22/1994)

RESPONSE by dft Norfolk Southern to motion for sanctions [28−1] filed cs (ADF) (Entered: 06/24/1994)

REPLY by pla to dft's response to the motion for sanctions [28−1] filed cs (ADF) (Entered: 06/24/1994)

ORDER granting motion for reconsideration of dft's motion to compel [25−1] as set out in this order; further that plas' motion for order compelling dft to cease destroying documents [27−1] is treated as a motion for order to preserve records and as such is granted filed ( by Judge U W. Clemon ) cm (DDR) (Entered: 07/01/1994)

MEMORANDUM opinion filed ( by Judge U W. Clemon ) cm (DDR) (Entered: 07/01/1994)

ORDER granting motion for sanctions [28−1] as set out in this order filed ( by Judge U W. Clemon ) cm (DDR) (Entered: 07/01/1994)

MOTION by defendant to extend time within which to comply with discovery orders filed cs (DDR) (Entered: 07/06/1994)

34 − ORDER granting motion to extend time within which to comply with discovery orders [34−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 07/07/1994)

NOTICE of payment pursuant to court's sanctions order filed by defendant Norfolk Southern cs (KAM) (Entered: 07/18/1994)

ORDER Class Certification hearing set for 9:00 9/23/94 filed ( by Judge U W. Clemon ) cm (KAM) (Entered: 07/18/1994)

MOTION by plas to extend time until 8/31/94 to complete depositions of dft's designees re: class certification and until 9/15/94 to complete depositions of expert witnesses filed cs (ADF) (Entered: 07/26/1994)

ORDER that the sum of $5000 is awarded to plas' counsel for services related to the motion for sanctions filed ( by Judge U W. Clemon ) cm (DDR) (Entered: 07/27/1994)

MOTION by plaintiff for protective order in re taking deposition of John Moore filed cs (ADF) (Entered: 08/03/1994)

OPPOSITION by dft Norfolk Southern to motion for protective order in re taking deposition of John Moore [40−1] filed cs (ADF) (Entered: 08/09/1994)

40 − ORDER overruling w/o prejudice the motion for protective order in re taking deposition of John Moore [40−1] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 08/09/1994)

MOTION by defendant for remedial notice , and for protective order , and for sanctions w/exhibits attached filed cs (DDR) (Entered: 09/07/1994)

42 − ORDER denying motion for remedial notice [42−1], denying motion for protective order [42−2], denying motion for sanctions [42−3] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 09/12/1994)

TRANSCRIPT of proceedings had before Judge U W. Clemon on the following date(s): June 30, 1994 (Re: ) filed Thomas Dempsey, Rpr (DDR) (Entered: 09/16/1994)

OBJECTIONS by dft to class certification hearing on due process grounds w/exhibits filed cs (ADF) (Entered: 09/22/1994)

RESPONSE by pla to dft's objections to class cert hearing [44−1] filed cs (ADF) (Entered: 09/23/1994)

RESPONSE by dft to plas' proposed class definition filed cs (ADF) (Entered: 09/23/1994)

COURTROOM NOTES: Class Certification hearing held before the Hon. U. W. Clemon, U. S. District Judge − Pltfs' testimony − Pltfs rest − No testimony from deft − Argument of counsel − Written order to be entered by the court (TD, ct rptr) (Former Employee) (Entered: 09/23/1994)

STIPULATION (Agreement) of parties regarding discovery filed (ADF) (Entered: 09/28/1994)

47 − ORDER approving stipulation [47−1] ( by Judge U W. Clemon ) entered cm (SCL) (Entered: 10/13/1994)

TRANSCRIPT of proceedings had before Judge U W. Clemon on the following date(s): September 23, 1994 (Re: Class Certification hearing ) filed Thomas Dempsey, Rpr (DDR) (Entered: 10/17/1994)

MOTION (Joint) by parties to extend time to complete certain depositions filed cs (ADF) (Entered: 11/29/1994)

49 − ORDER granting motion to extend time to complete certain depositions [49−1] ( by Judge U W. Clemon ) entered cm (KAM) (Entered: 12/09/1994)

ORDER(Class Certification Order) based on evidence at class certification hearing, court makes the following findings of fact as set out in this order; based on these facts, court hereby CERTIFIES pla &intervenors as class representatives as set out in this order; counsel to provide notice to class members as set out in this order within 30 days of the date of this order filed ( by Judge U W. Clemon ) cm (SWB) Modified on 08/09/1995 (Entered: 08/09/1995)

MOTION by plaintiffs to amend class certification order filed cs (SWB) (Entered: 08/21/1995)

RESPONSE by dft Norfolk Southern to motion to amend class certification order [51−1] filed cs (SWB) (Entered: 08/24/1995)

RESPONSE(reply) by plaintiffs to objection &response [52−1] (dft's position on opt−out provisions of proposed notice to class) filed w/atts cs (SWB) (Entered: 08/30/1995)

MOTION by plaintiffs for withdrawal of proposed form of notices "A" &"B" in document [51−1] , and to substitute proposed notices "C" &"D" filed w/atts cs (SWB) (Entered: 08/30/1995)

MOTION by plaintiffs to amend(modify) 8/8/95 order requiring res judicata language in notice to the class filed w/atts cs (SWB) (Entered: 08/30/1995)

ORDER (Revised Class Certification Order) based on the evidence at the class certification hearing, court makes the following findings of fact as set out in this order; based on these facts, court hereby CERTIFIES pla &said intervenors as class representatives as set out in this order; counsel to provide attached notice to class members within 30 days of the date of this order filed ( by Judge U W. Clemon ) cm (SWB) (Entered: 09/08/1995)

OPPOSITION by dft Norfolk Southern to motion to amend class certification order [51−1] filed w/atts cs (SWB) (Entered: 09/11/1995)

OBJECTIONS (within opposition) by dft Norfolk Southern to plas' proposed notice forms B, C, &D [54−1], [54−2] filed w/atts cs (SWB) (Entered: 09/11/1995)

51 − ORDER granting, nunc pro tunc, motion to amend class certification order [51−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 09/14/1995)

55 − ORDER granting, nunc pro tunc, motion to amend(modify) 8/8/95 order requiring res judicata language in notice to the class [55−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 09/14/1995)

54 − ORDER finding the motion for withdrawal of proposed form of notices "A" &"B" in document [51−1] [54−1] &substitution of proposed notices "C" &"D" [54−2] moot ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 09/14/1995)

MOTION by dft for attorney Jeffrey S Berlin to appear pro hac vice filed w/afdt att as exh cs (SWB) (Entered: 12/04/1996)

PRO HAC VICE admission fee of $20.00 paid on 12/4/96 receipt # 200 107991 (SWB) (Entered: 12/04/1996)

58 − ORDER granting motion for attorney Jeffrey S Berlin to appear pro hac vice [58−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 12/05/1996)

MOTION by dft for attorney James S Whitehead to appear pro hac vice filed w/afdt &atts cs (SWB) (Entered: 12/31/1996)

PRO HAC VICE admission fee of $20.00 for James S Whitehead paid on 12/30/96 receipt # 200 108544 (SWB) (Entered: 12/31/1996)

59 − ORDER granting motion for attorney James S Whitehead to appear pro hac vice [59−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 01/06/1997)

ORDER on pre−trial hearing pre−trial conference held 2/5/97 ; court trial set 5/12/97 in B'ham, AL ; PTC held 1:30 2/5/97 filed ( by Judge U W. Clemon ) cm (SWB) (Entered: 02/07/1997)

MOTION by intv−pla Thomas Franklin Madden to intervene filed cs (SWB) (Entered: 02/14/1997)

61 − ORDER granting motion to intervene [61−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 02/18/1997)

INTERVENOR complaint by Thomas Franklin Madden filed cs (SWB) (Entered: 02/18/1997)

64 − ORDER granting motion to amend pre−trial order [64−1] to include additional counsel for pla &pla/intvs as listed ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 03/07/1997)

MOTION (emergency) by plas for sanctions filed w/exhs att cs (BOUND) (SWB) (Entered: 03/17/1997)

MOTION (Emergency) by plaintiffs for protective order filed cs (SWB) Modified on 03/17/1997 (Entered: 03/17/1997)

OPPOSITION by dft to motion for protective order [67−1] filed w/atts cs (SWB) (Entered: 03/18/1997)

OPPOSITION by dft to motion for sanctions [66−1] filed w/exhs att cs (SWB) (Entered: 03/18/1997)

66 − ORDER overruling w/out prejudice, the motion for sanctions [66−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 03/18/1997)

67 − ORDER denying motion for protective order [67−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 03/18/1997)

RESPONSE by pla to opposition [69−1] &opposition [68−1] filed cs (SWB) (Entered: 03/18/1997)

MOTION by dft for attys R Merinda Wilson, Linzey D Jones, Jr, Krista L Edwards, Scott E Gross &Claudia Von−Pervieux to appear pro hac vice filed w/exhs att cs (SWB) (Entered: 03/20/1997)

MOTION by dft to amend the pre−trial order filed cs (SWB) (Entered: 03/20/1997)

PRO HAC VICE (5) admission fees of $50.00 each paid on 3/19/97 receipt #'s 200 110741−110745 (SWB) (Entered: 03/20/1997)

73 − ORDER granting motion for attys R Merinda Wilson, Linzey D Jones, Jr, Krista L Edwards, Scott E Gross &Claudia Von−Pervieux to appear pro hac vice [73−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 03/24/1997)

74 − ORDER granting motion to amend the pre−trial order [74−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 03/24/1997)