Kennedy v. Rochester & Southern Railroad
| New York Western District Court | |
| Judge: | Charles J Siragusa |
| Referred: | Mark W Pedersen |
| Case #: | 6:24-cv-06396 |
| Nature of Suit | 330 Torts - Personal Injury - Federal Employers’ Liability |
| Cause | 45:51 Railways: Fed. Employer's Liability Act |
| Case Filed: | Jun 25, 2024 |
| Case in other court: | New York Northern, 5:24-cv-00794 |
| Last checked: Saturday Aug 10, 2024 5:52 AM EDT |
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Defendant
Rochester & Southern Railroad
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Plaintiff
Gerald J. Kennedy, Jr.
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Represented By
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| Docket last updated: 09/30/2024 11:59 PM EDT |
| Friday, September 20, 2024 | ||
| 18 | 18
discov
Discovery Plan
Fri 09/20 3:23 PM
DISCOVERY PLAN by Gerald J. Kennedy, Jr. (Darby, Perry) |
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| Friday, September 13, 2024 | ||
| 17 | 17
order
Order on Motion for Pro Hac Vice
Fri 09/13 9:54 AM
TEXT ORDER granting Motion for Pro Hac Vice (ECF No.14 ). SO ORDERED. Signed by Hon. Mark W. Pedersen on September 13, 2024. (VSG) |
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| Monday, September 09, 2024 | ||
| 16 | 16
6
pgs
order
Order ~Util - Set Hearings
Mon 09/09 2:40 PM
ORDER: Scheduling Conference set for 10/2/2024 at 9:45 AM before Hon. Mark W. Pedersen. A joint proposed discovery plan is due to be filed at least 4 business days prior to the conference. Signed by Hon. Mark W. Pedersen on 9/9/2024. (JB) |
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| Friday, September 06, 2024 | ||
| 15 | 15
misc
Continuation of Exhibits
Fri 09/06 1:09 PM
CONTINUATION OF EXHIBITS to14 First MOTION to appear pro hac vice for attorney P. Matthew Darby, Esq ( Filing fee $ 200 receipt number ANYWDC-5270674.) Motion to Appear Pro Hac Vice . (Santola, Daniel) |
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| Thursday, September 05, 2024 | ||
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utility
E-Filing Notification
Thu 09/05 12:01 PM
E-Filing Notification:14 First MOTION to appear pro hac vice. Action Required: Filer should sign and file the motion which can be file using the (Continuation of Exhibits) event. (KM) |
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| Tuesday, September 03, 2024 | ||
| 14 | 14
motion
Appear Pro Hac Vice
Tue 09/03 12:15 PM
First MOTION to appear pro hac vice for attorney P. Matthew Darby, Esq ( Filing fee $ 200 receipt number ANYWDC-5270674.) by Gerald J. Kennedy, Jr.(Santola, Daniel) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit
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| Friday, August 30, 2024 | ||
| 13 | 13
order
Order Referring Case to Magistrate Judge
Fri 08/30 10:17 AM
TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Mark W. Pedersen. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. All non-dispositive motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED.. Signed by Hon. Charles J. Siragusa on 8/30/2024. (KJA) |
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| Monday, August 26, 2024 | ||
| 12 | 12
misc
Corporate Disclosure Statement
Mon 08/26 2:04 PM
Corporate Disclosure Statement by Rochester & Southern Railroad. (Young, John) |
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utility
Remark
Mon 08/26 11:07 AM
ATTENTION ALL PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed within seven (7) days of this notice. (KM) |
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| Tuesday, August 20, 2024 | ||
| 11 | 11
notice
Notice of Appearance
Tue 08/20 8:51 AM
NOTICE of Appearance by John E. Young, IV on behalf of Rochester & Southern Railroad (Young, John) |
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| Monday, August 19, 2024 | ||
| 10 | 10
answer
Answer to Complaint
Mon 08/19 4:59 PM
Defendant's ANSWER to1 Complaint, by Rochester & Southern Railroad.(Young, John) |
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| Wednesday, August 07, 2024 | ||
| 9 | 9
service
Affidavit of Service
Wed 08/07 2:34 PM
AFFIDAVIT of Service for Affirmation of Service personal service served on Wendy Staratari - Admin Assistant Rochester & Southern Railroad on July 30, 2024, filed by Gerald J. Kennedy, Jr. (Santola, Daniel) |
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| Monday, July 15, 2024 | ||
| 8 | 8
service
Summons Issued
Mon 07/15 10:49 AM
Summons Issued as to Rochester & Southern Railroad. (JHF) |
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| Friday, July 12, 2024 | ||
| 7 | 7
service
Original Summons Filed
Fri 07/12 11:17 AM
Original Summons Filed. (Santola, Daniel) |
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| Wednesday, June 26, 2024 | ||
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utility
Case Assigned/Reassigned
Wed 06/26 10:17 AM
Case reassigned to Hon. Charles J. Siragusa. Hon. Elizabeth A. Wolford no longer assigned to the case. (JHF) |
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| Tuesday, June 25, 2024 | ||
| 6 | 6
order
Text Order
Tue 06/25 2:22 PM
TEXT ORDER. Plaintiff in this matter is represented by the law firm Powers & Santola. The undersigned's sister-in-law was previously a partner of that firm, and her stepfather is a founding partner thereof. The undersigned accordingly hereby recuses herself pursuant to 28 U.S. Code § 455(a). The Clerk of Court is directed to reassign this matter to a different district judge. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 6/25/2024. (CDH) |
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| 5 | 5
transfer
Case Transferred In - District Transfer
Tue 06/25 1:49 PM
Case transferred in from District of New York Northern; Case Number 5:24-cv-00794. |
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| 4 | 4
3
pgs
order
Order
Tue 06/25 1:26 PM
ORDER: that the Clerk of the Court transfer this matter to the United States District Court for the Western District of New York pursuant to Local Rule 3.7 of the Northern District of New York; that the Clerk of this Court advise the clerk of the Western District of New York of the entry of this order and provide all information necessary for the clerk of the Western District of New York to electronically access the documents filed in this action. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 3.7. Signed by Magistrate Judge Miroslav Lovric on 6/25/2024. (see) |
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adr
Automatic Referral to Mediation
Tue 06/25 1:51 PM
AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's[LINK:ADR webpage] and/or contact the Court's ADR Administrator at[LINK:adrprogram@nywd.uscourts.gov] . Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the [LINK:ADR Plan] and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan.(CGJ) |
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notice
Notice of Availability of Magistrate Judge
Tue 06/25 1:51 PM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (CGJ) |
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utility
E-Filing Notification
Tue 06/25 1:56 PM
E-Filing Notification: re1 COMPLAINT. Summons not issued. Attorney directed to resubmit summons with Western District of New York heading. (CGJ) |
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| Monday, June 24, 2024 | ||
| 3 | 3
LETTER BRIEF Consent to Sua Sponte Transfer by Gerald J. Kennedy, Jr. (Santola, Daniel) [Transferred from nynd on 6/25/2024.]
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| 2 | 2 ORDER TO SHOW CAUSE: Plaintiff is directed to show cause in writing, on or before July 1, 2024, why this action should not be sua sponte transferred to the District Court for the Western District of New York pursuant to 28 U.S.C. § 1400(a), 1406(a), because Defendants principal place of business is located there and it appears that the incident alleged in the Complaint took place there. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 6/24/2024. (jdc ) [Transferred from nynd on 6/25/2024.] | |
| Friday, June 21, 2024 | ||
| 1 | 1
COMPLAINT with JURY DEMAND against Rochester & Southern Railroad (Filing fee $405 receipt number ANYNDC-6774621) filed by Gerald J. Kennedy, Jr.(see) [Transferred from nynd on 6/25/2024.]
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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