Price v. Norfolk Southern Corporation, No. 2:2021cv00223 - Document 84 (E.D. Va. 2022)

Court Description: OPINION: For the reasons stated herein, having reviewed the record in its entirety and having examined the objections to the R&R and made de novo determinations with respect thereto, the court hereby OVERRULES Plaintiff's first, second, third, f ifth, sixth, seventh, eighth, eleventh, twelfth, and fourteenth objections, and also OVERRULES Defendant's two objections. This Court MODIFIES a sentence in the Statement of Undisputed Material Facts in response to Plaintiff's fourth object ion. Plaintiff's tenth objection is found to be MOOT. And Plaintiff's ninth and thirteenth objections are SUSTAINED. This court GRANTS Defendant's Amended Motion for Summary Judgment with respect to Count III, Count VI, Count VII, Coun t VIII. Furthermore, this Court DENIES Defendant's Motion with respect to Count I, Count III, and Count IV. Counts I, III, and IV will go forward for trial. The parties are DIRECTED to contact the Calendar Clerk to set this matter for trial. Signed by District Judge Rebecca Beach Smith on 9/23/22. (mrees, )