Brotherhood of Locomotive Engineers and Trainmen v. Norfolk Southern Railway Company et al
| Brotherhood of Locomotive Engineers and Trainmen |
| Norfolk Southern Railway Company |
| United Transportation Union |
| 1:2010cv01532 |
| July 9, 2010 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Christopher A Boyko |
| Labor: Railway Labor Act |
| 45 U.S.C. § 151 |
| None |
Docket Report
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| Filing 41 True copy of mandate from the USCA for the Sixth Circuit: Affirming the decision of the District Court as to #38 Notice of Appeal (USCA# 11-4177). Date issued as mandate 12/28/12, Costs: None (Related document #40 ) (H,SP) |
| Filing 40 Information copy of opinion from the USCA for the Sixth Circuit: Affirming the District Court's decision re #38 Notice of Appeal (USCA# 11-4177). This is not a mandate order. Circuit Judges: Guy, Daughtrey and Stranch. Date issued by USCA 12/5/12 (Attachments: #1 Judgment)(H,SP) |
| Filing 39 Acknowledgment from the USCA for Sixth Circuit of receipt of #38 Notice of Appeal (USCA# 11-4177). Date filed in USCA 10/28/11. (H,SP) |
| Filing 38 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #37 Opinion and Order of 9/26/11, filed by Brotherhood of Locomotive Engineers and Trainmen. (Filing fee of $455 paid, receipt number 0647-4988256) (Wolly, Michael) |
| Filing 37 Memorandum Opinion and Order, Order of Case Dismissal, re #14 Motion for summary judgment filed by United Transportation Union, #17 Motion for summary judgment and Memorandum in Support filed by Norfolk Southern Railway Company, #16 Motion for summary judgment filed by Brotherhood of Locomotive Engineers and Trainmen. The Report and Recommended decision is OVERRULED, Petitioners Motion for Summary Judgment is denied, the Respondent and Defendants Motions for Summary Judgment are granted, and the arbitrators award is reinstated. Judge Christopher A. Boyko on 9/26/2011. (R,D) |
| Filing 36 Petitioner BLET's Opposition to the Objections of Respondents NS and UTU to the Magistrate Judge's Report and Recommendation filed by Brotherhood of Locomotive Engineers and Trainmen. Related document(s) #34 , #33 . (Attachments: #1 Attachment A to BLET's Opposition to Objections of Respondents NS and UTU to the Magistrate Judge's Report and Recommendation) (Wolly, Michael) |
Order [non-document]granting #35 Brotherhood of Locomotive Engineers and Trainman's Unopposed Motion for extension of time until August 19, 2011 to Respond to Objections to Magistrate Judge's Report and Recommendation. Judge Christopher A. Boyko on 8/8/2011.(R,D)
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| Filing 35 Unopposed Motion for extension of time until August 19, 2011 to Respond to Objections to Magistrate Judge's Report and Recommendation filed by Petitioner Brotherhood of Locomotive Engineers and Trainmen. Related document(s) #34 , #33 . (Wolly, Michael) |
| Filing 34 Objection to Report and Recommendation of Magistrate Judge filed by Norfolk Southern Railway Company. Related document(s) #32 . (Lewis, John) |
| Filing 33 Objection to Report and Recommendation filed by United Transportation Union. Related document(s) #32 . (Miller, Clinton) |
| Filing 32 Report and Recommendation For the reasons stated in the Report and Recommendation, it is recommended that Petitioner BLET's Motion for Summary Judgment (ECF. #16 ) be GRANTED and that the arbitrator's decision be vacated and the case remanded. Conversely, it is recommended that the motions for summary judgment filed by Respondent NS and Defendant UTU be DENIED (ECF. #17 and #14 ). Signed by Magistrate Judge Greg White on 7/14/2011. (K,K) |
| Filing 31 Transcript of Oral Argument held on June 30, 2011 before Magistrate Judge Greg White. To obtain a bound copy of this transcript please contact court reporter Kathleen Grandillo, Corsillo & Grandillo Court Reporters at 216-523-1700. [100 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 7/19/2011. Redaction Request due 8/2/2011. Redacted Transcript Deadline set for 8/12/2011. Release of Transcript Restriction set for 10/10/2011. (K,J) |
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Filing 30
Order granting in part and denying in part Motion to strike (Related Doc #21 ). The Court will consider only material within the administrative record. Signed by Magistrate Judge Greg White on 7/11/2011.(K,K)
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| Minutes of proceedings [non-document] before Magistrate Judge Greg White. Oral Argument held on 6/30/2011. Attorneys Michael Wolly, Harold Ross, John Lewis, Clinton Miller, and Erika Diehl present. (Court Reporter: Kathleen Grandillo.) (Time: 3 hrs.) (S,S) |
| Expedited Request for Court Ordered Transcript [non-document] for proceedings held on 6/30/2011 before Magistrate Judge White, Court Reporter: Kathleen Grandillo. Requested completion date: 7/11/2011. Requesting Judicial Officer: Magistrate Judge White. (S,S) |
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Order (non-document), upon request of petitioner's counsel and agreement of respondent's and defendant's counsel, rescheduling Oral Arguments for 6/30/2011 at 9:30 a.m., Courtroom 11B, CLEVELAND, Ohio. Magistrate Judge Greg White on 6/6/2011. (Related documents #14 , #16 , #17 , #21 , #29 ) (S,S)
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Filing 29
Notice and Order scheduling Oral Arguments for 6/16/2011 at 9:30 a.m., Courtroom 400, 2 South Main Street, AKRON, Ohio, before Magistrate Judge Greg White. Signed by Magistrate Judge Greg White on 6/3/2011. (Related documents #14 , #16 , #17 , #21 ) (S,S)
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| Filing 28 Reply to response to #17 Motion for summary judgment and Memorandum in Support filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit Case Citation UPS v. Brotherhood of Teamsters)(Lewis, John) |
| Filing 27 FILING ERROR. DOCUMENT PREVIOUSLY FILED, SEE DOCUMENT #24 . Reply to response to #17 , Motion for summary judgment and Memorandum in Support filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit Case Citation UPS v. Brotherhood of Teamsters) (Lewis, John). Modified for error message on 3/11/2011 (H,SP). |
| Filing 26 Reply to response to #16 Motion for summary judgment filed by Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Declaration of Willard E. Knight, #2 Second Declaration of Kevin S. Peek)(Wolly, Michael) |
| Filing 25 Reply to response to #15 Memorandum in Support filed by United Transportation Union. (Miller, Clinton) |
| Filing 24 Reply to response to #21 Motion to strike Portions of the Declaration of Kevin S. Peek Offered in Support of Petitioner BLET's Motion for Summary Judgment filed by Norfolk Southern Railway Company. (Attachments: #1 Unreported Case Citation)(Lewis, John) |
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Order [non-document] granting petitioner's #22 Motion for extension of time until March 10, 2011 to file reply briefs to summary judgment motions. Magistrate Judge Greg White on 3/2/2011. (S,S)
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| Filing 23 Opposition to #21 Motion to strike Portions of the Declaration of Kevin S. Peek Offered in Support of Petitioner BLET's Motion for Summary Judgment filed by Brotherhood of Locomotive Engineers and Trainmen. (Wolly, Michael) |
| Filing 22 Consent Motion for extension of summary judgment reply briefs until March 10, 2011 filed by Petitioner Brotherhood of Locomotive Engineers and Trainmen. Related document(s) #11 . (Attachments: #1 Proposed Order)(Wolly, Michael) |
| Filing 21 Motion to strike Portions of the Declaration of Kevin S. Peek Offered in Support of Petitioner BLET's Motion for Summary Judgment filed by Respondent Norfolk Southern Railway Company. Related document(s) #16 . (Attachments: #1 Memorandum in Support)(Lewis, John) |
| Filing 20 Opposition to #16 Motion for summary judgment filed by Petitioner BLET filed by Norfolk Southern Railway Company. (Attachments: #1 Declaration of Tara Arnett, #2 Unreported Decisions)(Lewis, John) |
| Filing 19 Opposition to #14 Motion for summary judgment , #17 Motion for summary judgment and Memorandum in Support Opposition To The Motion of Respondents NS And UTU For Summary Judgment filed by Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Exhibit BLET MSJ Opposition Attachment A)(Wolly, Michael) |
| Filing 18 Opposition to #16 Motion for summary judgment filed by United Transportation Union. (Miller, Clinton) |
| Filing 17 Motion for summary judgment and Memorandum in Support filed by Respondent Norfolk Southern Railway Company. (Attachments: #1 Brief in Support Memorandum in Support of Motion for Summary Judgment, #2 Exhibit 1 - Unreported Cases in Alphabetical Order)(Lewis, John) |
| Filing 16 Motion for summary judgment filed by Petitioner Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Brief in Support, #2 Affidavit)(Wolly, Michael) |
| Filing 15 Memorandum in Support filed by Defendant/Intervenor United Transportation Union. Related document(s) #14 . (Miller, Clinton) Modified on 1/14/2011 (C,KA). |
| Filing 14 Motion for summary judgment filed by Defendant/Intervenor United Transportation Union. (Miller, Clinton) |
| Filing 13 Supplement to Public Law Board No. 7310 Case No. 1 Record of Proceedings to #12 Notice filed by All Parties. Related document(s) #12 . (Wolly, Michael) |
| Filing 12 Notice Filing Of Record of Proceedings filed by All Parties. (Attachments: #1 Table of Contents and PLB-ROP 0001 through 0052, #2 PLB-ROP 0053 through 0088, #3 PLB-ROP 0089 through 0119)(Lewis, John) |
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Filing 11
Case Management Conference Order. Case is assigned to the standard track. Motions for leave to join parties and/or amend the pleadings due by 10/20/2010. Administrative Record due by 11/15/2010. Dispositive Motions due by 1/14/2011. Signed by Magistrate Judge Greg White on 10/13/2010. (S,S)
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| Minutes of proceedings [non-document] before Magistrate Judge Greg White. Telephonic Case Management Conference held on 10/13/2010. Attorneys Harold Ross, John Lewis and Clinton Miller in attendance. (Court Reporter: none.) (Time: 10 mins.) (S,S) |
| Filing 10 Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and L.R. 16.3(b)(3), filed by All Parties. (Lewis, John) |
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Filing 9
Case Management Conference Scheduling Order. Telephonic Case Management Conference set for 10/13/2010 at 10:00 a.m. before Magistrate Judge Greg White. Signed by Magistrate Judge Greg White on 9/28/2010. (Attachments: #1 Report of Parties' Planning Meeting, #2 LR 30.1) (S,S)
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Filing 8
Order referring case to Magistrate Judge Greg White for general pretrial supervision. The Case Management Conference scheduled for 10/6/2010 at 3:00 PM in front of Judge Christopher A. Boyko is cancelled. Judge Christopher A. Boyko on 9/27/2010. (R,D)
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| Filing 7 Joint Motion for conducting case management conference filed by Petitioner Brotherhood of Locomotive Engineers and Trainmen, Respondent Norfolk Southern Railway Company, Defendant/Intervenor United Transportation Union. Related document(s) #5 . (Wolly, Michael) |
| Filing 6 Answer to Complaint filed by United Transportation Union. (Miller, Clinton) |
| Filing 5 Case Management Conference Scheduling Order with case management conference to be held on 10/6/2010 at 03:00 PM at Chambers 15B before Judge Christopher A. Boyko. Judge Christopher A. Boyko on 09/10/10. (Attachments: #1 Report of Parties Planning Meeting, #2 Consent)(M,M) |
| Filing 4 Answer to #1 Complaint, and Petition for Review filed by Norfolk Southern Railway Company. (Lewis, John) |
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Order [non-document]granting #3 Respondent Norfolk Southern Railway Company's Unopposed Motion for Extension of Time to Answer. Norfolk Southern Railway Company answer due 8/30/2010. Judge Christopher A. Boyko on 8/6/2010.(R,D)
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| Filing 3 Unopposed Motion for extension of time until August 30, 2010 to answer or Otherwise Respond to Petitioner's Complaint and Petition for Review filed by Respondent Norfolk Southern Railway Company. Related document(s) #1 . (Lewis, John) |
| Filing 2 Original Summons and Magistrate Consent Form issued for service upon Norfolk Southern Railway Company. (Attachments: #1 Magistrate Consent Form) (C,BA) |
| Judge Christopher A. Boyko assigned to case. (C,BA) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Gallas. (C,BA) |
| Filing 1 Complaint and Petition for Review against Norfolk Southern Railway Company, United Transportation Union. Filing fee paid $ 350, Receipt number 0647-4179434. Filed by Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Wolly, Michael) |
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