Case #: 2012-SC-000750
Appellant: JEFFREY T. CANIFF
vs
Appellee: CSX TRANSPORTATION, INC


 Case Information
Case # 2012-SC-000750
Case Type Discretionary Review (CIVIL): (1I )
Document Type Discretionary Review Granted: (DG)
Case Status History: (H)
Last Main Event FINALITY (09/11/2014)


 StepSheet
Step # Date Description Memo
1 01/07/2011 JUDGMENT / ORIGINAL ACTION DATE: JD
2 11/16/2012 COURTS OWN MOTION: DEFICIENCY LETTER: BCDEFF DEFICIENT ORDER - PURSUANT TO CR 76.20(4) 10 COPIES OF THE FINAL ORDER OR JUDGMENT, ANY FINDINGS OF FACT, CONCLUSIONS OF LAW AND OPINION OF THE TRIAL COURT, AND ANY OPINION OR FINAL ORDER OF THE APPELLATE COURT REQUIRED. (CIRCUIT COURT JUDGMENT OR ORDER ENTERED 1/7/2011) ($150.00 FILING FEE PAID; TENDERED 10 COPIES MOTION FOR DISCRETIONARY REVIEW)
(Due Date: 11/26/2012)
3 11/26/2012 MOTION FOR DISCRETIONARY REVIEW (CIVIL): DI COURT OF APPEALS' OPINION RENDERED OCTOBER 19, 2012; P.
(Due Date: 12/26/2012)
4 12/21/2012 RESPONSE TO MOTION FOR DISC. REVIEW: RS RESPONDENT FILED RESPONSE TO MOTION FOR DISCRETIONARY REVIEW.
5 12/21/2012 READY - DISCRETIONARY REVIEW: R5
6 12/21/2012 SENT OUT FOR ASSIGNMENT: SH
7 08/21/2013 ORDER GRANTING DISC. REVIEW: DG
(Due Date: 10/20/2013)
8 08/30/2013 RECORD FILED: RF FILED 1 VOLUME COURT OF APPEALS RECORD W/ 1 BOX CONTAINING- 4 VOLUMES CIRCUIT RECORD, 3 CD'S, 14 DEPOSITIONS (DEPOSITION OF DONALD ADAMS, PH.D. WEDNESDAY, NOV. 4, 2009 W/ 2 WHITE ENVELOPES MARKED ORIGINAL CERTIFIED TRANSCRIPT TO BE FILED, ORIGINAL EXHIBITS TO BE FILED)
9 10/16/2013 APPEAL PERFECTED (AFTER D. R. GRANTED): DP APPELLANT BRIEF FILED.
(Due Date: 12/15/2013)
10 10/22/2013 COURTS OWN MOTION: DEFICIENCY LETTER: BCDEFF DEFICIENT ORDER - PURSUANT TO CR 76.34(3) FIVE (5) COPIES OF MOTIONS SHALL BE FILED IN THE SUPREME COURT. (RETURNED 1 COPY OF MOTION FOR LEAVE TO APPEAR PRO HAC VICE FOR ATTY MICHAEL B. KIMBERLY AND DAN HIMMELFARB)
(Due Date: 11/01/2013)
11 10/28/2013 MISCELLANEOUS MOTIONS: MM HON. KARA M. STEWART FILED MOTION FOR ADMISSION OF HON. MICHAEL B. KIMBERLY PRO HAC VICE. ($270.00 FILING FEE PAID TO THE KENTUCKY BAR ASSOCIATION)
(Due Date: 11/03/2013)
12 10/28/2013 MISCELLANEOUS MOTIONS: MM HON. KARA M. STEWART FILED MOTION FOR ADMISSION OF HON. DAN HIMMELFARB PRO HAC VICE. ($270.00 FILING FEE PAID TO THE KENTUCKY BAR ASSOCIATION)
(Due Date: 11/03/2013)
13 11/05/2013 SCHEDULE TO MOTION DOCKET: MS NO RESPONSE FILED.
14 11/05/2013 SCHEDULE TO MOTION DOCKET: MS NO RESPONSE FILED.
15 11/06/2013 MOTION FOR EXT.OF TIME (13 DAY RESPONSE): ME APPELLEE FILED MOTION FOR A 30 DAY ENLARGEMENT OF TIME WITHIN WHICH TO FILE ITS BRIEF ON THE MERITS, TREATED AS A MOTION FOR EXTENSION OF TIME, TO AND INCLUDING JANUARY 14, 2014.
(Due Date: 11/19/2013)
16 11/07/2013 MISC MOTION ORDER: OM ORDER GRANTED THE MOTION FILED BY HON. KARA M. STEWART, FOR ADMISSION PRO HAC VICE OF HON. MICHAEL B. KIMBERLY, MEMBER IN GOOD STANDING IN THE STATE OF MARYLAND AND THE DISTRICT OF COLUMBIA.
17 11/07/2013 MISC MOTION ORDER: OM ORDER GRANTED THE MOTION FILED BY HON. KARA M. STEWART, FOR ADMISSION PRO HAC VICE OF HON. DAN HIMMELFARB, MEMBER IN GOOD STANDING IN THE STATE OF NEW YORK AND THE DISTRICT OF COLUMBIA.
18 11/20/2013 SCHEDULE TO MOTION DOCKET: MS NO RESPONSE FILED.
19 11/21/2013 ORDER FOR EXTENSION OF TIME: OE ORDER GRANTED APPELLEE'S MOTION FOR AN EXTENSION OF TIME, TO AND INCLUDING JANUARY 14, 2014, IN WHICH TO FILE HIS BRIEF AND TO PERFECT THE APPEAL AS A FINAL EXTENSION OF TIME.
(Due Date: 01/14/2014)
20 01/14/2014 APPELLEE BRIEF FILED: AB APPELLEE BRIEF FILED.
(Due Date: 01/29/2014)
21 01/29/2014 MOTION FOR EXT.OF TIME (13 DAY RESPONSE): ME APPELLANT FILED UNOPPOSED MOTION FOR A 9-DAY ENLARGEMENT OF TIME WITHIN WHICH TO FILE HIS REPLY BRIEF, TREATED AS A MOTION FOR EXTENSION OF TIME.
(Due Date: 02/10/2014)
22 02/06/2014 ** NOTE **: CK TENDERED 10 COPIES OF APPELLANT REPLY BRIEF.
23 02/11/2014 ORDER FOR EXTENSION OF TIME: OE ORDER GRANTED APPELLANT'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME IN WHICH TO FILE HIS REPLY BRIEF AND THE HERETOFORE TENDERED REPLY BRIEF IS FILED.
24 02/11/2014 APPELLANT'S REPLY BRIEF FILED: RB APPELLANT REPLY BRIEF FILED PURSUANT TO COURT ORDER.
25 02/11/2014 READY (ON MERITS OF APPEAL): R3
26 02/11/2014 SENT OUT FOR ASSIGNMENT: SH
27 02/27/2014 COURTS OWN MOTION: SETTING ORAL ARGUMENT: BCORAL ORDER SETTING ORAL ARGUMENT TO BE HEARD WEDNESDAY, APRIL 9, 2014, AT 11:00 A.M. 15 MINUTES ALLOTTED EACH SIDE FOR ARGUMENT.
(Due Date: 04/09/2014)
28 08/21/2014 OPINION - REVERSING & REMANDING: P4 BY JUSTICE SCOTT CUNNINGHAM, KELLER, NOBLE, AND VENTERS, JJ., CONCUR. MINTON, C.J., DISSENTS BY SEPARATE OPINION IN WHICH ABRAMSON, J., JOINS. *TO BE PUBLISHED*
(Due Date: 09/10/2014)
29 09/11/2014 FINALITY - PUBLICATION LETTER: FLPUBL
30 09/11/2014 FINALITY: FL RETURNED TO PERRY CO. CIRCUIT COURT CLERKS OFFICE, 4 VOLUMES RECORD, 3 CD'S, 14 DEPOSITION BY U.P.S. AND TO COURT OF APPEALS 1 VOLUME COURT OF APPEALS RECORD BY MESSENGER.


 Litigant Information
Description Primary (Y/N) Name Seq #
Appellant Y JEFFREY T. CANIFF 1
Appellee Y CSX TRANSPORTATION, INC 2


 Attorney Info
Attorney(s) Name Party(Name) Type
HOLLON ALVA A. JR. CANIFF JEFFREY T. Appellant
WEST LINSEY WALKER CSX TRANSPORTATION, INC Appellee
ECKERT THOMAS IRA CANIFF JEFFREY T. Appellant
STEWART KARA MACCARTIE CSX TRANSPORTATION, INC Appellee
KIMBERLY MICHAEL B CSX TRANSPORTATION, INC Appellee
HIMMELFARB DAN CSX TRANSPORTATION, INC Appellee


 Circuit Information
County Case# /Div /Court# Judgment Date Judge Name
PERRY (097) 07-CI-00741
Div: CI
Court #: 1
1/7/2011 HON WILLIAM ENGLE III


 Associated Supreme Cases
Related Supreme Case #


 Associated Other Cases
Case #
2011CA000178