Williams v. Norfolk S. Corp.

322 F. Supp. 3d 896
CourtDistrict Court, N.D. Indiana
DecidedJune 20, 2018
DocketCAUSE NO.: 2:15–CV–283–JEM
StatusPublished
Cited by6 cases

This text of 322 F. Supp. 3d 896 (Williams v. Norfolk S. Corp.) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Norfolk S. Corp., 322 F. Supp. 3d 896 (N.D. Ind. 2018).

Opinion

MAGISTRATE JUDGE JOHN E. MARTIN

*899This matter is before the Court on Norfolk Southern's Motion for Summary Judgment [DE 31], filed by Defendants Norfolk Southern Corporation and Norfolk Southern Railway Company (collectively, "Norfolk") on October 31, 2017.

I. Procedural Background

On July 27, 2015, the Complaint of Plaintiff Ja'Lin Williams, originally filed in state court on June 19, 2015, was removed to this Court. The Complaint asserts claims against Defendants for serious injuries sustained by Williams when he was struck by a freight train operated by Norfolk. Norfolk filed the instant Motion for Summary Judgment on October 31, 2017, Williams filed a response on December 28, 2017, and Norfolk filed a reply on January 10, 2018.

The parties filed forms of consent to have this case assigned to a United States Magistrate Judge to conduct all further proceedings and to order the entry of a final judgment in this case. Therefore, this Court has jurisdiction to decide this case pursuant to 28 U.S.C. § 636(c).

II. Summary Judgment Standard

The Federal Rules of Civil Procedure mandate that motions for summary judgment be granted "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). Rule 56 further requires the entry of summary judgment, after adequate time for discovery, against "a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett , 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (citing Fed. R. Civ. P. 56(c) ). "[S]ummary judgment is appropriate-in fact, is mandated-where there are no disputed issues of material fact and the movant must prevail as a matter of law. In other words, the record must reveal that no reasonable jury could find for the non-moving party." Dempsey v. Atchison, Topeka, & Santa Fe Ry. Co. , 16 F.3d 832, 836 (7th Cir. 1994) (citations and quotations omitted). To demonstrate a genuine issue of fact, the nonmoving party "must do more than simply show that there is some metaphysical doubt as to the material facts," but must "come forward with 'specific facts showing that there is a genuine issue for trial. ' " Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (quoting Fed. R. Civ. P. 56(e) ).

In viewing the facts presented on a motion for summary judgment, a court must construe all facts in a light most favorable to the non-moving party and draw all legitimate inferences in favor of that party. See Anderson v. Liberty Lobby , 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) ; Srail v. Vill. of Lisle , 588 F.3d 940, 948 (7th Cir. 2009) ; NLFC, Inc. v. Devcom Mid-Am., Inc. , 45 F.3d 231, 234 (7th Cir. 1995). A court's role is not to evaluate the weight of the evidence, to judge the credibility of witnesses, or to determine the truth of the matter, but instead to determine whether there is a genuine issue of triable fact. See Liberty Lobby , 477 U.S. at 249-50, 106 S.Ct. 2505.

III. Undisputed Material Facts

Northern District of Indiana Local Rule 56-1 requires the moving party to include with its motion for summary judgment a *900" 'Statement of Material Facts' that identifies the facts that the moving party contends are not genuinely disputed." N.D. Ind. L.R. 56-1(a). In response, the opposing party is obligated to file a " 'Statement of Genuine Disputes' that identifies the material facts that the party contends are genuinely disputed." N.D. Ind. L.R. 56-1(b)(2). In this case, as the moving party, Norfolk has submitted a Statement of Material Facts. Williams in response has incorporated in his brief a "Statement of Genuine Disputes/Material Facts Requiring the Denial of Summary Judgment." That statement lists Williams' version of the facts with appropriate citations to evidence but does not clearly identify which of Norfolk's facts, if any, he disagrees with. In the interest of justice, the Court has attempted to ascertain areas of dispute, but reminds counsel of the importance of complying with applicable rules. See Waldridge v. Am. Hoechst Corp. , 24 F.3d 918, 922 (7th Cir.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
322 F. Supp. 3d 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-norfolk-s-corp-innd-2018.