Johnson v. Norfolk Southern Railway Company

Filing 25

ORDER denying 10 Motion to Stay - IT IS THEREFORE ORDERED THAT Plaintiffs Motion to Lift Stay (Doc.# 10 ) is DENIED as moot. The case remains pending on this Courts, and the remaining dates set by the Preliminary Pretrial Conference Order (Doc. # 16 ) are CONFIRMED. Signed by Magistrate Judge Sharon L Ovington on 04/05/12. (pb1)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON CAROL JOHNSON, Administratrix of the Estate of Matthew Johnson, : : Plaintiff, Case No. 3:12cv0012 : vs. : NORFOLK SOUTHERN RAILWAY COMPANY, et al., Defendants. District Judge Walter Herbert Rice Magistrate Judge Sharon L. Ovington : : ORDER Defendant Norfolk Southern Railway Company (Defendant) removed this case from state court on January 11, 2012. Attached to the Notice of Removal are copies of documents indicating that in 2011, while Plaintiff’s case was pending in state court, the state court stayed the case due to one party’s bankruptcy proceedings. Later, in midSeptember 2011, the state court granted Plaintiff’s Motion to Lift Stay and reinstated the case on its active docket. (Doc. #1, PageID at 68; Doc. #11). The instant case is presently pending upon a copy of the Motion to Lift Stay filed originally by Plaintiff in state court in September 2011. (Doc. #10). It appears that Defendant Norfolk’s counsel filed and docketed the copy of Plaintiff’s prior Motion in the present federal case. This was a procedurally unusual step because the Motion had been previously granted by the state court in mid-September 2011 and because the present federal case has never been under a stay. For these reasons, Plaintiff’s Motion to Lift Stay is moot in the present case. IT IS THEREFORE ORDERED THAT Plaintiff’s Motion to Lift Stay (Doc. #10) is DENIED as moot. The case remains pending on this Court’s, and the remaining dates set by the Preliminary Pretrial Conference Order (Doc. #16) are CONFIRMED. April 5, 2012 s/Sharon L. Ovington Sharon L. Ovington United States Magistrate Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?