LAFARGE NORTH AMERICA, INC. et al v. BNSF RAILWAY COMPANY et al
LAFARGE NORTH AMERICA, INC., LAFARGE PNW, INC., MEYER MATERIAL COMPANY, LLC, BARDON, INC., REDLAND QUARRIES NY INC., LAFARGE AGGREGATES ILLINOIS, INC., AGGREGATE INDUSTRIES - SWR, INC., KOST, INC., CEMENT TRANSPORT, LTD, FREDONIA VALLEY RAILROAD, INC., HOLCIM (US) INC., AGGREGATE INDUSTRIES - MWR, INC., TARRANT CONCRETE, CO., INC., AGGREGATE INDUSTRIES NORTHEAST REGION, INC., LATTIMORE MATERIALS CORP., GEOCYCLE LLC, AGGREGATE INDUSTRIES MANAGEMENT, INC., AGGREGATE INDUSTRIES - WCR, INC., SYSTECH ENVIRONMENTAL CORPORATION and BARDON, INC. doing business as AGGREGATE INDUSTRIES MID-ATLANTIC REGION |
UNION PACIFIC RAILROAD COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY and BNSF RAILWAY COMPANY |
1:2020cv00370 |
February 10, 2020 |
US District Court for the District of Columbia |
Beryl A Howell |
Anti-Trust |
15 U.S.C. § 1 |
Both |
Docket Report
This docket was last retrieved on March 23, 2020. A more recent docket listing may be available from PACER.
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Filing 56 NOTICE of Appearance by Stephen R. Neuwirth on behalf of All Plaintiffs (Neuwirth, Stephen) |
Filing 55 NOTICE of Appearance by Sami H. Rashid on behalf of All Plaintiffs (Rashid, Sami) |
Filing 54 NOTICE of Appearance by Viola Trebicka on behalf of All Plaintiffs (Trebicka, Viola) |
Filing 53 Case transferred in from District of Illinois Northern; Case Number 1:19-cv-06506. Original file certified copy of transfer order and docket sheet received. |
Filing 52 TRANSFERRED to the District of Columbia the electronic record. (pj, ) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 51 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to the District of Columbia.(pj, ) [Transferred from Illinois Northern on 2/12/2020.] |
Civil Case Terminated pursuant to MDL 2925 Conditional Transfer Order filed 2/07/2020 (pj, ) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 50 MINUTE entry before the Honorable Robert M. Dow, Jr: Motion of Attorney Yogini Patel to withdraw as counsel #48 is granted. Notice of motion date of 2/6/2020 is stricken and no appearances are necessary on that date. Mailed notice (cn). [Transferred from Illinois Northern on 2/12/2020.] |
Filing 49 NOTICE of Motion by Yogini Patel for presentment of motion to withdraw as attorney #48 before Honorable Robert M. Dow Jr. on 2/6/2020 at 09:15 AM. (Patel, Yogini) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 48 MOTION by Attorney Yogini Patel to withdraw as attorney for Norfolk Southern Railway Company. No party information provided (Patel, Yogini) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 47 ANSWER to amended complaint by Norfolk Southern Railway Company(Smith, Charles) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 46 ANSWER to amended complaint by BNSF Railway Company(Goldkind, Jeremy) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 45 ANSWER to amended complaint by Union Pacific Railroad Company(Faris, Michael) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 44 ANSWER to amended complaint by CSX Transportation, Inc.(Gingrich, Sean) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 43 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BNSF Railway Company (Goldkind, Jeremy) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 42 MINUTE entry before the Honorable Robert M. Dow, Jr: Joint stipulated motion on behalf of all parties regarding initial status hearings and deadlines under Federal Rule of Civil Procedure 26(a)(1) and (f) is granted. Parties shall file a status report with the Court within 14 days after resolution of the JPML motion, so that this Court can take appropriate action. Status hearing set for 1/8/2019 before Judge Chang is stricken, as this case was reassigned to Judge Dow. Notice of motion date of 1/6/2019 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 41 Joint Uncontested NOTICE of Motion by Charles F. Smith, Jr for presentment of motion for miscellaneous relief #40 before Honorable Robert M. Dow Jr. on 1/6/2020 at 09:15 AM. (Smith, Charles) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 40 MOTION by Defendant Norfolk Southern Railway Company Joint Stipulated Motion on Behalf of all Parties Regarding Initial Status Hearings and Deadlines Under Federal Rule of Civil Procedure 26(a)(1) and (f) (Smith, Charles) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 39 PROTECTIVE Order. Signed by the Honorable Robert M. Dow, Jr on 12/20/2019. Mailed notice (pj, ) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 38 AMENDED complaint by Geocycle LLC, Aggregate Industries - MWR, Inc., Lattimore Materials Corp., Holcim (US) Inc., LaFarge North America, Inc., Lafarge PNW, Inc., Aggregate Industries Northeast Region, Inc., Aggregate Industries Management, Inc., Cement Transport, LTD, Systech Environmental Corporation, Bardon, Inc., Aggregate Industries - SWR, Inc. against All Defendants and terminating Kost, Inc., Lafarge Aggregates Illinois, Inc., Meyer Material Company, LLC, Redland Quarries NY Inc., Tarrant Concrete, CO., Inc., Aggregate Industries - WCR, Inc. and Fredonia Valley Railroad, Inc. (Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 37 MINUTE entry before the Honorable Robert M. Dow, Jr: The parties' stipulated motion regarding amended complaints #26 is granted. Stipulated motion regarding entry of protective order #32 is granted. Counsel to submit an agreed proposed order in Word format to the Court as to (Dkt. #32 ). Notice of motion date of 12/17/2019 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 36 Disclosure Statement by CSX Transportation, Inc. (Mohan, Kerry) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 35 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Union Pacific Railroad Company (Faris, Michael) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 34 ATTORNEY Appearance for Defendant Union Pacific Railroad Company by Michael James Faris (Faris, Michael) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 33 NOTICE of Motion by Andrew H. Schapiro for presentment of motion for protective order,, #32 before Honorable Robert M. Dow Jr. on 12/17/2019 at 09:15 AM. (Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 32 MOTION by Plaintiffs Aggregate Industries - MWR, Inc., Aggregate Industries - SWR, Inc., Aggregate Industries - WCR, Inc., Aggregate Industries Management, Inc., Aggregate Industries Northeast Region, Inc., Bardon, Inc., Cement Transport, LTD, Fredonia Valley Railroad, Inc., Geocycle LLC, Holcim (US) Inc., Kost, Inc., LaFarge North America, Inc., Lafarge Aggregates Illinois, Inc., Lafarge PNW, Inc., Lattimore Materials Corp., Meyer Material Company, LLC, Redland Quarries NY Inc., Systech Environmental Corporation, Tarrant Concrete, CO., Inc. for protective order Stipulated Motion Filed On Behalf Of All Parties (Attachments: #1 Exhibit)(Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 31 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Norfolk Southern Railway Company (Smith, Charles) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 30 ATTORNEY Appearance for Defendant Norfolk Southern Railway Company by Yogini Patel (Patel, Yogini) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 29 ATTORNEY Appearance for Defendant Norfolk Southern Railway Company by Charles F. Smith, Jr (Smith, Charles) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 28 ATTORNEY Appearance for Defendant BNSF Railway Company by Jeremy Steven Goldkind (Goldkind, Jeremy) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 27 NOTICE of Motion by Andrew H. Schapiro for presentment of motion to amend/correct,, #26 before Honorable Robert M. Dow Jr. on 12/17/2019 at 09:15 AM. (Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 26 MOTION by Plaintiffs Aggregate Industries - MWR, Inc., Aggregate Industries - SWR, Inc., Aggregate Industries - WCR, Inc., Aggregate Industries Management, Inc., Aggregate Industries Northeast Region, Inc., Bardon, Inc., Cement Transport, LTD, Fredonia Valley Railroad, Inc., Geocycle LLC, Holcim (US) Inc., Kost, Inc., LaFarge North America, Inc., Lafarge Aggregates Illinois, Inc., Lafarge PNW, Inc., Lattimore Materials Corp., Meyer Material Company, LLC, Redland Quarries NY Inc., Systech Environmental Corporation, Tarrant Concrete, CO., Inc. to amend/correct Complaint and Extension of Deadline for Defendants to File Responsive Pleading (Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 25 ATTORNEY Appearance for Defendant CSX Transportation, Inc. by Kerry Mohan (Mohan, Kerry) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 24 ATTORNEY Appearance for Defendant CSX Transportation, Inc. by Sean Christopher Gingrich (Gingrich, Sean) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 23 ATTORNEY Appearance for Defendant CSX Transportation, Inc. by Daniel J. Mohan (Mohan, Daniel) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 22 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Robert M. Dow, Jr for all further proceedings, pursuant to Local Rule 40.4. Honorable Edmond E. Chang no longer assigned to the case. Signed by Executive Committee on 11/19/2019. (pj, ) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 21 Petition (NOT Motion) Notice of potential tag-along actions to MDL no. 1869 and Motion for transfer, consolidation, and/or coordination of rail freight fuel surcharge antitrust actions. (Attachments: #1 Memorandum in support of defendants' notice of potential tag-along actions to MDL no. 1869 and Motion for transfer, consolidation, and/or coordination of rail freight fuel surcharge antitrust actions, #2 Schedule of actions, #3 Exhibit A) (kp, ) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 20 NOTICE by Aggregate Industries - MWR, Inc., Aggregate Industries - SWR, Inc., Aggregate Industries - WCR, Inc., Aggregate Industries Management, Inc., Aggregate Industries Northeast Region, Inc., Bardon, Inc., Cement Transport, LTD, Fredonia Valley Railroad, Inc., Geocycle LLC, Holcim (US) Inc., Kost, Inc., LaFarge North America, Inc., Lafarge Aggregates Illinois, Inc., Lafarge PNW, Inc., Lattimore Materials Corp., Meyer Material Company, LLC, Redland Quarries NY Inc., Systech Environmental Corporation, Tarrant Concrete, CO., Inc. of filing Motion to Reassign and Consolidate for Pre-Trial Purposes (Attachments: #1 Exhibit Motion to Reassign and Consolidate for Pre-Trial Purposes (Conagra Case))(Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 19 MINUTE entry before the Honorable Edmond E. Chang:The agreed extension motion #17 to file answer or response is granted to 12/16/2019. The status hearing of 11/22/2019 is reset to 01/08/2020 at 9:15 a.m., with the initial joint status report due on 01/03/2019. But the parties must take steps to consolidate the NDIL cases or bring the case within the MDL (or both, or definitively decide that neither step will be taken). Emailed notice (slb, ) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 18 NOTICE of Motion by Andrew H. Schapiro for presentment of extension of time,, #17 before Honorable Edmond E. Chang on 11/13/2019 at 08:30 AM. (Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 17 MOTION by Plaintiffs Aggregate Industries - MWR, Inc., Aggregate Industries - SWR, Inc., Aggregate Industries - WCR, Inc., Aggregate Industries Management, Inc., Aggregate Industries Northeast Region, Inc., Bardon, Inc., Cement Transport, LTD, Fredonia Valley Railroad, Inc., Geocycle LLC, Holcim (US) Inc., Kost, Inc., LaFarge North America, Inc., Lafarge Aggregates Illinois, Inc., Lafarge PNW, Inc., Lattimore Materials Corp., Meyer Material Company, LLC, Redland Quarries NY Inc., Systech Environmental Corporation, Tarrant Concrete, CO., Inc. for extension of time to respond to Complaint (Stipulated Motion on behalf of all Parties) (Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 16 MINUTE entry before the Honorable Edmond E. Chang:The agreed extension motion #14 to respond to the complaint is granted as to all Defendants through 11/07/2019. Emailed notice (slb, ) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 15 NOTICE of Motion by Andrew H. Schapiro for presentment of extension of time,, #14 before Honorable Edmond E. Chang on 10/31/2019 at 08:30 AM. (Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 14 MOTION by Plaintiffs Aggregate Industries - MWR, Inc., Aggregate Industries - SWR, Inc., Aggregate Industries - WCR, Inc., Aggregate Industries Management, Inc., Aggregate Industries Northeast Region, Inc., Bardon, Inc., Cement Transport, LTD, Fredonia Valley Railroad, Inc., Geocycle LLC, Holcim (US) Inc., Kost, Inc., LaFarge North America, Inc., Lafarge Aggregates Illinois, Inc., Lafarge PNW, Inc., Lattimore Materials Corp., Meyer Material Company, LLC, Redland Quarries NY Inc., Systech Environmental Corporation, Tarrant Concrete, CO., Inc. for extension of time to respond to Complaint (Stipulated Motion on behalf of all Parties) (Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 13 AFFIDAVIT of Service filed by Plaintiffs Aggregate Industries - MWR, Inc., Aggregate Industries - SWR, Inc., Aggregate Industries - WCR, Inc., Aggregate Industries Management, Inc., Aggregate Industries Northeast Region, Inc., Bardon, Inc., Cement Transport, LTD, Fredonia Valley Railroad, Inc., Geocycle LLC, Holcim (US) Inc., Kost, Inc., LaFarge North America, Inc., Lafarge Aggregates Illinois, Inc., Lafarge PNW, Inc., Lattimore Materials Corp., Meyer Material Company, LLC, Redland Quarries NY Inc., Systech Environmental Corporation, Tarrant Concrete, CO., Inc. regarding Summons, Complaint, Corporate Disclosure Statement served on Union Pacific Railroad Company c/o The Corporation Trust Company on 10/7/2019; answer due 10/28/2019 (Schapiro, Andrew) (Docket Text Modified by Clerk's Office on 10/23/2019) (pj, ). [Transferred from Illinois Northern on 2/12/2020.] |
Filing 12 AFFIDAVIT of Service filed by Plaintiffs Aggregate Industries - MWR, Inc., Aggregate Industries - SWR, Inc., Aggregate Industries - WCR, Inc., Aggregate Industries Management, Inc., Aggregate Industries Northeast Region, Inc., Bardon, Inc., Cement Transport, LTD, Fredonia Valley Railroad, Inc., Geocycle LLC, Holcim (US) Inc., Kost, Inc., LaFarge North America, Inc., Lafarge Aggregates Illinois, Inc., Lafarge PNW, Inc., Lattimore Materials Corp., Meyer Material Company, LLC, Redland Quarries NY Inc., Systech Environmental Corporation, Tarrant Concrete, CO., Inc. regarding Summons, Complaint, Corporate Disclosure Statement served on Norfolk Southern Railway Company c/o Corporation Service Company on 10/7/2019; answer due 10/28/2019 (Schapiro, Andrew) (Docket Text Modified by Clerk's Office on 10/23/2019) (pj, ). [Transferred from Illinois Northern on 2/12/2020.] |
Filing 11 AFFIDAVIT of Service filed by Plaintiffs Aggregate Industries - MWR, Inc., Aggregate Industries - SWR, Inc., Aggregate Industries - WCR, Inc., Aggregate Industries Management, Inc., Aggregate Industries Northeast Region, Inc., Bardon, Inc., Cement Transport, LTD, Fredonia Valley Railroad, Inc., Geocycle LLC, Holcim (US) Inc., Kost, Inc., LaFarge North America, Inc., Lafarge Aggregates Illinois, Inc., Lafarge PNW, Inc., Lattimore Materials Corp., Meyer Material Company, LLC, Redland Quarries NY Inc., Systech Environmental Corporation, Tarrant Concrete, CO., Inc. regarding Summons, Complaint, Corporate Disclosure Statement served on CSX Transportation, Inc. c/o The Corporation Trust Company on 10/7/2019; answer due 10/28/2019 (Schapiro, Andrew) (Docket Text Modified by Clerk's Office on 10/23/2019) (pj, ). [Transferred from Illinois Northern on 2/12/2020.] |
Filing 10 AFFIDAVIT of Service filed by Plaintiffs Aggregate Industries - MWR, Inc., Aggregate Industries - SWR, Inc., Aggregate Industries - WCR, Inc., Aggregate Industries Management, Inc., Aggregate Industries Northeast Region, Inc., Bardon, Inc., Cement Transport, LTD, Fredonia Valley Railroad, Inc., Geocycle LLC, Holcim (US) Inc., Kost, Inc., LaFarge North America, Inc., Lafarge Aggregates Illinois, Inc., Lafarge PNW, Inc., Lattimore Materials Corp., Meyer Material Company, LLC, Redland Quarries NY Inc., Systech Environmental Corporation, Tarrant Concrete, CO., Inc. regarding Summons, Complaint, Corporate Disclosure Statement served on BNSF Railway Company c/o The Corporation Trust Company on 10/7/2019; answer due 10/28/2019 (Schapiro, Andrew) (Docket Text Modified by Clerk's Office on 10/23/2019) (pj, ). [Transferred from Illinois Northern on 2/12/2020.] |
Filing 9 MINUTE entry before the Honorable Edmond E. Chang: Applications by Stephen Neuwirth and Sami Rashid to appear pro hac vice #7 #8 on behalf of Plaintiffs are granted. Emailed notice (slb, ) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16356533. (Rashid, Sami) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16356460. (Neuwirth, Stephen) [Transferred from Illinois Northern on 2/12/2020.] |
SUMMONS Issued as to Defendants BNSF Railway Company, CSX Transportation, Inc., Norfolk Southern Railway Company, Union Pacific Railroad Company. (lw, ) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 6 MINUTE entry before the Honorable Edmond E. Chang: Initial status hearing set for 11/22/2019 at 9:30 a.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Plaintiff must still file the report even if not all Defendants have been served or have responded to requests to craft a joint report. read them anew even if counsel has appeared before Judge Chang in other cases. Because the Procedures are occasionally revised, counsel must read them anew even if counsel has appeared before Judge Chang in other cases.Emailed notice (Attachments: #1 Status Report Requirements) (slb, ) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (pj, ) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs (Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (ng, ) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 3 ATTORNEY Appearance for Plaintiffs Aggregate Industries - MWR, Inc., Aggregate Industries - SWR, Inc., Aggregate Industries - WCR, Inc., Aggregate Industries Management, Inc., Aggregate Industries Northeast Region, Inc., Bardon, Inc. (dba Aggregate Industries Mid-Atlantic Region), Cement Transport, LTD, Fredonia Valley Railroad, Inc., Geocycle LLC, Holcim (US) Inc., Kost, Inc., LaFarge North America, Inc., Lafarge Aggregates Illinois, Inc., Lafarge PNW, Inc., Lattimore Materials Corp., Meyer Material Company, LLC, Redland Quarries NY Inc., Systech Environmental Corporation, Tarrant Concrete, CO., Inc. by Andrew H. Schapiro (Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 2 CIVIL Cover Sheet (Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 1 COMPLAINT filed by Geocycle LLC, Aggregate Industries - MWR, Inc., Lattimore Materials Corp., Holcim (US) Inc., LaFarge North America, Inc., Meyer Material Company, LLC, Tarrant Concrete, CO., Inc., Lafarge PNW, Inc., Aggregate Industries Northeast Region, Inc., Aggregate Industries Management, Inc., Cement Transport, LTD, Systech Environmental Corporation, Kost, Inc., Lafarge Aggregates Illinois, Inc., Bardon, Inc. (dba Aggregate Industries Mid-Atlantic Region), Aggregate Industries - SWR, Inc., Fredonia Valley Railroad, Inc., Redland Quarries NY Inc., Aggregate Industries - WCR, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-16289563.(Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
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