CSX Transportation, Inc. v. Zayo Group, LLC
| CSX TRANSPORTATION, INC. |
| ZAYO GROUP, LLC, BSM GROUPS, LLC, CROSSROADS COMMUNICATIONS SOLUTIONS, LLC, JDH CONTRACTING, INC., OCM ENGINEERING, LLC., MILENIUM INC., SPECTRUM ENGINEERING, LLC and TESCO COMPANY, INC. |
| ASSOCIATION OF AMERICAN RAILROADS |
| 25-1670 |
| April 21, 2025 |
| U.S. Court of Appeals, Seventh Circuit |
| Torts to Land |
Docket Report
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This docket was last retrieved on October 15, 2025. A more recent docket listing may be available from PACER.
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Filing 38
ORDER issued GRANTING motion to extend time to file appellant's reply brief. [ # 37 ] Appellant's reply brief, if any, is due on or before 11/24/2025 for Appellant CSX Transportation, Inc. CDH [38] [7480957] [25-1670] (AD) [Entered: 10/15/2025 04:05 PM]
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| Filing 37 Motion filed by Appellant CSX Transportation, Inc. to extend time to file Appellant's Reply Brief. [37] [7480247] [25-1670] (Scodro, Michael) [Entered: 10/13/2025 12:14 PM] |
| Filing 36 NOTICE: Attorney Ms. Theresa Wardon Benz, Esq. for Appellee Zayo Group, LLC will not be available for oral argument October 27 to 31, 2025; October 30, 2025; November 3, 2025; December 10 to 12, 2025; January 26 to February 4, 2026. [36] [7479951] [25-1670] (Benz, Theresa) [Entered: 10/09/2025 07:12 PM] |
| Filing 35 Paper copies of appellee brief filed by Appellee Zayo Group, LLC. [35] [7479818] [25-1670] (NHV) [Entered: 10/09/2025 11:44 AM] |
| Filing 34 Appellee's brief filed by Appellee Zayo Group, LLC. Paper copies due on 10/09/2025. [34] [7478657] [25-1670] (GW) [Entered: 10/03/2025 09:59 AM] |
| Filing 33 Submitted appellee brief by Theresa Warden Benz for Appellee Zayo Group, LLC. [33] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7478602] [25-1670] (Benz, Theresa) [Entered: 10/02/2025 06:43 PM] |
| Filing 32 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Tess Hand-Bender for Appellee Zayo Group, LLC. [32] [7478506] (L-No; E-Yes; R-No) [25-1670] (Hand-Bender, Tess) [Entered: 10/02/2025 01:59 PM] |
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Filing 31
Order issued GRANTING motion to extend time to file appellee's brief. [ # 30 ] Appellees' briefs due on or before 10/02/2025 for Crossroads Communications Solutions, LLC, JDH Contracting, Inc., Milenium Inc., OCM Engineering, LLC., Spectrum Engineering, LLC, Tesco Company, Inc. and Zayo Group, LLC. Appellant's reply brief, if any, is due on or before 10/23/2025 for Appellant CSX Transportation, Inc. SCR [31] [7470244] [25-1670] (JMB) [Entered: 08/22/2025 09:51 AM]
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| Filing 30 Motion filed by Appellee Zayo Group, LLC to extend time to file appellee brief. [30] [7470146] [25-1670] (Benz, Theresa) [Entered: 08/21/2025 03:37 PM] |
| Filing 29 Paper copies of amicus brief filed by Amicus Curiae Association of American Railroads. [29] [7464463] [25-1670] (CAH) [Entered: 07/23/2025 10:39 AM] |
| Filing 28 Amicus brief filed by Amicus Curiae Association of American Railroads per order. Paper copies due on 07/23/2025. [28] [7463296] [25-1670] (EF) [Entered: 07/16/2025 03:01 PM] |
| Filing 27 Submitted brief by Mallory P. Sanzeri for amicus Association of American Railroads. Leave granted by court order. [27] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7463273] [25-1670] (Sanzeri, Mallory) [Entered: 07/16/2025 02:06 PM] |
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Filing 26
ORDER issued GRANTING Association of American Railroads' Motion for Leave to File Amicus Curiae Brief in Support of Plaintiff-Appellant CSX Transportation and Reversal to the extent that amicus curiae shall file a brief that complies with the applicable court rules by July 22, 2025. Counsels disclosure statements must be placed after the cover page and before the table of contents, see FED. R. APP. P. 29(4)(A), and it is recommended that counsel use the Disclosure Statement form listed on this courts website or reuse the Statements they placed at the end of their motion. The statement required by Rule 29(a)(4)(E) of the Federal Rules of Appellate Procedure should be listed in the Table of Contents and then placed either before or after the argument section of the brief. No changes to the substance of the brief will be permitted. [ # 24 ] CLH [26] [7463058] [25-1670] (AD) [Entered: 07/15/2025 02:12 PM]
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Filing 25
ORDER issued GRANTING motion to extend time to file appellees' briefs. [ # 23 ] Appellees' briefs due on or before 09/02/2025 for Crossroads Communications Solutions, LLC, JDH Contracting, Inc., Milenium Inc., OCM Engineering, LLC., Spectrum Engineering, LLC, Tesco Company, Inc. and Zayo Group, LLC. Appellant's reply brief, if any, is due on or before 09/23/2025 for Appellant CSX Transportation, Inc. CDH [25] [7462238] [25-1670] (AD) [Entered: 07/10/2025 12:44 PM]
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| Filing 24 Filed Non-Party Association of American Railroads' Motion for Leave to File Amicus Curiae Brief In Support of Plaintiff-Appellant CSX Transportation and Reversal by Association of American Railroads'. [7462060] [25-1670] (Sanzeri, Mallory) [Entered: 07/09/2025 03:58 PM] |
| Filing 23 Motion filed by Appellee Zayo Group, LLC to extend time to file appellee brief. [23] [7462044] [25-1670] (Benz, Theresa) [Entered: 07/09/2025 03:42 PM] |
| Filing 22 Paper copies of appellant brief and appendix filed by Appellant CSX Transportation, Inc.. [22] [7461303] [25-1670] (NHV) [Entered: 07/07/2025 01:44 PM] |
| Filing 21 Filed Appendix by Appellant CSX Transportation, Inc.. [21] [7460961] Paper copies due on 07/09/2025 [25-1670] (NHV) [Entered: 07/03/2025 10:02 AM] |
| Filing 20 Appellant's brief filed by Appellant CSX Transportation, Inc.. Paper copies due on 07/09/2025. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, and should be made by no later than seven days after the filing of the appellee's brief. See Cir. R. 34(b)(3), (4). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [20] [7460959] [25-1670] (NHV) [Entered: 07/03/2025 10:00 AM] |
| Filing 19 Submitted Appendix by Michael A. Scodro for Appellant CSX Transportation, Inc.. [19] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7460939] [25-1670] (Scodro, Michael) [Entered: 07/02/2025 06:04 PM] |
| Filing 18 Submitted appellant brief by Michael A. Scodro for Appellant CSX Transportation, Inc.. [18] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7460938] [25-1670] (Scodro, Michael) [Entered: 07/02/2025 06:02 PM] |
| Filing 17 NOTICE: Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. The lead attorney for each party represented by counsel must apply for admission to practice in this court by the later of: (a) 30 days from the docketing of the matter in this court; or (b) 15 days from being retained or appointed as counsel. An attorney who intends to present oral argument must apply for admission to practice in this court before the filing of the appellee's brief. Our records indicate Attorney Georgianna Q. Tutwiler for Appellee Milenium Inc. has not been admitted to practice in this court as of this date. The "Application for Admission to Practice in the Seventh Circuit" form can be found at: https://www.ca7.uscourts.gov/assets/pdf/applctn.pdf. The filing of the completed application must be accomplished via the CM/ECF filing system. [17] [7454331] [25-1670] (LJ) [Entered: 05/27/2025 11:08 AM] |
| Filing 16 NOTICE: Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. The lead attorney for each party represented by counsel must apply for admission to practice in this court by the later of: (a) 30 days from the docketing of the matter in this court; or (b) 15 days from being retained or appointed as counsel. An attorney who intends to present oral argument must apply for admission to practice in this court before the filing of the appellee's brief. Our records indicate Attorney Scott H. Sirich for Appellee Spectrum Engineering, LLC has not been admitted to practice in this court as of this date. The "Application for Admission to Practice in the Seventh Circuit" form can be found at: https://www.ca7.uscourts.gov/assets/pdf/applctn.pdf. The filing of the completed application must be accomplished via the CM/ECF filing system. [16] [7454330] [25-1670] (LJ) [Entered: 05/27/2025 11:06 AM] |
| Filing 15 NOTICE: Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. The lead attorney for each party represented by counsel must apply for admission to practice in this court by the later of: (a) 30 days from the docketing of the matter in this court; or (b) 15 days from being retained or appointed as counsel. An attorney who intends to present oral argument must apply for admission to practice in this court before the filing of the appellee's brief. Our records indicate Attorney Thomas A. Pastore for Appellee JDH Contracting, Inc. has not been admitted to practice in this court as of this date. The "Application for Admission to Practice in the Seventh Circuit" form can be found at: https://www.ca7.uscourts.gov/assets/pdf/applctn.pdf. The filing of the completed application must be accomplished via the CM/ECF filing system. [15] [7454328] [25-1670] (LJ) [Entered: 05/27/2025 11:04 AM] |
| Filing 14 NOTICE: Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. The lead attorney for each party represented by counsel must apply for admission to practice in this court by the later of: (a) 30 days from the docketing of the matter in this court; or (b) 15 days from being retained or appointed as counsel. An attorney who intends to present oral argument must apply for admission to practice in this court before the filing of the appellee's brief. Our records indicate Attorney B. Scott Jones for Appellee Crossroads Communications Solutions, LLC has not been admitted to practice in this court as of this date. The "Application for Admission to Practice in the Seventh Circuit" form can be found at: https://www.ca7.uscourts.gov/assets/pdf/applctn.pdf. The filing of the completed application must be accomplished via the CM/ECF filing system. [14] [7454319] [25-1670] (LJ) [Entered: 05/27/2025 10:47 AM] |
| Filing 13 NOTICE: Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. The lead attorney for each party represented by counsel must apply for admission to practice in this court by the later of: (a) 30 days from the docketing of the matter in this court; or (b) 15 days from being retained or appointed as counsel. An attorney who intends to present oral argument must apply for admission to practice in this court before the filing of the appellee's brief. Our records indicate Attorney Tess Hand-Bender for Appellee Zayo Group, LLC has not been admitted to practice in this court as of this date. The "Application for Admission to Practice in the Seventh Circuit" form can be found at: https://www.ca7.uscourts.gov/assets/pdf/applctn.pdf. The filing of the completed application must be accomplished via the CM/ECF filing system. [13] [7454315] [25-1670] (LJ) [Entered: 05/27/2025 10:44 AM] |
| Filing 12 ENTRY REMOVED AS ENTERED IN ERROR. NOTICE: Circuit Rule 46(a) requires the lead attorney and any attorney who intends to present oral argument be admitted to practice in this court. The lead attorney for each party represented by counsel must apply for admission to practice in this court by the later of: (a) 30 days from the docketing of the matter in this court; or (b) 15 days from being retained or appointed as counsel. An attorney who intends to present oral argument must apply for admission to practice in this court before the filing of the appellee's brief. Our records indicate Attorney Ms. Theresa Wardon Benz, Esq. for Appellee Zayo Group, LLC has not been admitted to practice in this court as of this date. The "Application for Admission to Practice in the Seventh Circuit" form can be found at: https://www.ca7.uscourts.gov/assets/pdf/applctn.pdf. The filing of the completed application must be accomplished via the CM/ECF filing system. [12] [7454304] [25-1670]--[Edited 05/27/2025 by MAN] (LJ) [Entered: 05/27/2025 10:31 AM] |
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Filing 11
ORDER issued GRANTING motion to extend time to file appellant's brief. [ # 10 ] Appellant's brief due on or before 07/02/2025 for CSX Transportation, Inc. Appellees' briefs due on or before 08/01/2025 for Crossroads Communications Solutions, LLC, JDH Contracting, Inc., Milenium Inc., OCM Engineering, LLC., Spectrum Engineering, LLC, Tesco Company, Inc. and Zayo Group, LLC. Appellant's reply brief, if any, is due on or before 08/22/2025 for Appellant CSX Transportation, Inc. SCR [11] [7452872] [25-1670] (CG) [Entered: 05/16/2025 03:43 PM]
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| Filing 10 Motion filed by Appellant CSX Transportation, Inc. to extend time to file appellant brief. [10] [7452851] [25-1670] (Scodro, Michael) [Entered: 05/16/2025 02:24 PM] |
| Filing 9 Filed Seventh Circuit Transcript Information Sheet by Appellant CSX Transportation, Inc.. [9] [7451256] [25-1670] (FP) [Entered: 05/08/2025 02:57 PM] |
| Filing 8 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Theresa Wardon Benz for Appellee Zayo Group, LLC. [8] [7450512] (L-Yes; E-Yes; R-No) [25-1670] [Edited 05/06/2025 by CG to reflect the addition of counsel.] (Benz, Theresa) [Entered: 05/05/2025 05:44 PM] |
| Filing 7 Filed Seventh Circuit Transcript Information Sheet by Appellant CSX Transportation, Inc.. [7] [7450490] [25-1670] (Scodro, Michael) [Entered: 05/05/2025 04:05 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Michael S. Scodro for Appellant CSX Transportation, Inc.. [6] [7449731] (L-Yes; E-Yes; R-No) [25-1670] [Edited 05/01/2025 by CG to reflect the addition of counsel.] (Scodro, Michael) [Entered: 04/30/2025 09:41 PM] |
| Filing 5 Docketing Statement filed by Appellant CSX Transportation, Inc.. Prior or Related proceedings: Yes. 24-2065 [5] [7449067] [25-1670] (MacGill, Robert) [Entered: 04/28/2025 02:26 PM] |
| Filing 4 No attorney(s) added for Appellee BSM Groups, LLC, per District Court docket. [4] [7448018] [25-1670] (HTP) [Entered: 04/22/2025 10:27 AM] |
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Filing 3
ORDER: A review of the short record reveals that this appeal involves more than one appellee represented by different counsel. Counsel for appellees are encouraged to file a joint brief and appendix or adopt parts of a co-appellee's brief. The parties are reminded that redundant and uncoordinated briefing will be stricken. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992). [7448016] JXK [3] [7448016] [25-1670] (HTP) [Entered: 04/22/2025 10:24 AM]
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| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLEES: On Point Construction Management, Inc. and PLB Engineering, LLC. [2] [7448012] [25-1670] (HTP) [Entered: 04/22/2025 10:21 AM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellant CSX Transportation, Inc. by 04/28/2025. Transcript information sheet due by 05/05/2025. Appellant's brief due on or before 06/02/2025 for CSX Transportation, Inc. [1] [7448004] [25-1670] (HTP) [Entered: 04/22/2025 10:15 AM] |
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