CONAGRA BRANDS, INC. v. BNSF RAILWAY COMPANY et al
| CONAGRA BRANDS, INC. and CONAGRA FOODS, INC. |
| NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY, BNSF RAILWAY COMPANY and CSX TRANSPORTATION, INC. |
| 1:2020cv00371 |
| February 10, 2020 |
| US District Court for the District of Columbia |
| Beryl A Howell |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Both |
Docket Report
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This docket was last retrieved on March 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 57 NOTICE of Appearance by Stephen R. Neuwirth on behalf of All Plaintiffs (Neuwirth, Stephen) |
| Filing 56 NOTICE of Appearance by Sami H. Rashid on behalf of All Plaintiffs (Rashid, Sami) |
| Filing 55 NOTICE of Appearance by Viola Trebicka on behalf of All Plaintiffs (Trebicka, Viola) |
| Filing 54 Case transferred in from District of Illinois Northern; Case Number 1:19-cv-06504. Original file certified copy of transfer order and docket sheet received. |
| Filing 53 TRANSFERRED to the DISTRICT OF COLUMBIA the electronic record. (pk, ) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 52 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to DISTRICT OF COLUMBIA (pk, ) [Transferred from Illinois Northern on 2/12/2020.] |
| Civil Case Terminated pursuant to MDL 2925; 20-mc-8 (BAH) Conditional Transfer Order filed 2/7/2020 (pk, ) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 51 MINUTE entry before the Honorable Robert M. Dow, Jr: Motion of Attorney Yogini Patel to withdraw as counsel #49 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 50 NOTICE of Motion by Yogini Patel for presentment of motion to withdraw as attorney #49 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 49 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 48 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 1/7/2019 is stricken. 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 47 Joint Uncontested NOTICE of Motion by Charles F. Smith, Jr for presentment of motion for miscellaneous relief #46 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 46 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 45 NOTICE of Correction regarding #44 . (pj, ) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 44 ENTERED in Error. Modified on 12/20/2019 (pj, ). [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 43 PROTECTIVE Order. Signed by the Honorable Robert M. Dow, Jr on 12/20/2019. Mailed notice(pk, ) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 42 ANSWER to Complaint with Jury Demand and Affirmative Defenses to Conagra Brands, Inc., by Norfolk Southern Railway Company(Smith, Charles) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 41 ANSWER to Complaint with Jury Demand by Union Pacific Railroad Company(Faris, Michael) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 40 ANSWER to Complaint with Jury Demand by BNSF Railway Company(Goldkind, Jeremy) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 39 CSX's ANSWER to Complaint by CSX Transportation, Inc.(Mohan, Kerry) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 38 MINUTE entry before the Honorable Robert M. Dow, Jr: Counsel are directed to submit an agreed proposed order to the Court in Word format. Mailed notice (cdh, ) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 37 MINUTE entry before the Honorable Robert M. Dow, Jr: Stipulated motion regarding entry of protective order #32 is granted. Signed order to follow. 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 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BNSF Railway Company (Goldkind, Jeremy) [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 Plaintiff Conagra Brands, 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 CORPORATE DISCLOSURE STATEMENT by Defendant CSX Transportation, Inc. (Mohan, Kerry) Modified on 12/11/2019 (gcy, ). [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 29 ATTORNEY Appearance for Defendant Norfolk Southern Railway Company by Yogini Patel (Patel, Yogini) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 28 ATTORNEY Appearance for Defendant Norfolk Southern Railway Company by Charles F. Smith, Jr (Smith, Charles) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 27 ATTORNEY Appearance for Defendant BNSF Railway Company by Jeremy Steven Goldkind (Goldkind, Jeremy) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 26 ATTORNEY Appearance for Defendant CSX Transportation, Inc. by Kerry Mohan (Mohan, Kerry) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 25 ATTORNEY Appearance for Defendant CSX Transportation, Inc. by Daniel J. Mohan (Mohan, Daniel) [Transferred from Illinois Northern on 2/12/2020.] |
Filing 24
ORDER: Motion hearing held. Plaintiff's unopposed motion for reassignment and consolidation #19 is granted. The Court finds that Conagra Brands, Inc., f/k/a ConAgra Foods, Inc. v. BNSF Railway Company, et al. (1:19-cv-06504), PCS Sales (USA), Inc., et al. v. BNSF Railway Company, et. al. (1:19-cv-06505), Lafarge North America, Inc., et al. v. BNSF Railway Company, et. al.. (1:19-cv-06506), and Old World Industries, LLC v. BNSF Railway Company, et. al. (1:19-cv-06507) are related within the meaning of Local Rule 40.4, that the three higher- numbered cases should be reassigned to this Court and consolidated for all pre-trial purposes with Conagra Brands, Inc., f/k/a ConAgra Foods, Inc. v. BNSF Railway Company, et al. (1:19-cv-06504), and that each of the four cases shall be entitled to a separate jury trial in accordance with Rule 42(b). Pursuant to Local Rule 40.4(d), the Court will request that the Executive Committee reassign the three higher-number cases to this Court. Counsel are requested to keep the Court apprised of any pertinent developments before the JPML. Signed by the Honorable Robert M. Dow, Jr on 11/19/2019. Mailed notice. (bg, ) [Transferred from Illinois Northern on 2/12/2020.]
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| Filing 23 ATTORNEY Appearance for Plaintiff Conagra Brands, Inc. by Kaitlin Patricia Sheehan (Sheehan, Kaitlin) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 22 ATTORNEY Appearance for Defendant CSX Transportation, Inc. by Sean Christopher Gingrich (Gingrich, Sean) [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 of Motion by Andrew H. Schapiro for presentment of motion to reassign case, #19 before Honorable Robert M. Dow Jr. on 11/19/2019 at 09:15 AM. (Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 19 MOTION by Plaintiff Conagra Brands, Inc. to reassign case and consolidate for pre-trial purposes (Unopposed) (Attachments: #1 Exhibit PCS Sales Complaint, #2 Exhibit Lafarge Complaint, #3 Exhibit Old World Industries Complaint)(Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 18 MINUTE entry before the Honorable Robert M. Dow, Jr: Motions for leave to appear pro hac vice #7 and #8 are granted. Motion for extension of time to answer or otherwise plead #16 is granted. Status hearing set for 11/14/2019 is stricken and reset to 1/7/2020 at 9:00 a.m. No appearances are necessary on 11/13/2019 or 11/14/2019. Mailed notice (cdh, ) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 17 NOTICE of Motion by Andrew H. Schapiro for presentment of extension of time #16 before Honorable Robert M. Dow Jr. on 11/13/2019 at 09:15 AM. (Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 16 MOTION by Plaintiff Conagra Brands, 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 15 MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiffs' motion for the Court to extend Defendants' deadline to the Complaint #13 is granted to 11/07/2019. Mailed notice (slb, ) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 14 NOTICE of Motion by Andrew H. Schapiro for presentment of extension of time #13 before Honorable Robert M. Dow Jr. on 10/31/2019 at 09:15 AM. (Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 13 MOTION by Plaintiff Conagra Brands, 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 12 SUMMONS Returned Executed by Conagra Brands, Inc. as to Union Pacific Railroad Company on 10/7/2019, answer due 10/28/2019. (Schapiro, Andrew) (Docket Text Modified by Clerk's Office) Modified on 10/23/2019 (pk, ). [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 11 SUMMONS Returned Executed by Conagra Brands, Inc. as to Norfolk Southern Railway Company on 10/7/2019, answer due 10/28/2019. (Schapiro, Andrew)(Docket Text Modified by Clerk's Office) Modified on 10/23/2019 (pk, ). [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 10 SUMMONS Returned Executed by Conagra Brands, Inc. as to CSX Transportation, Inc. on 10/7/2019, answer due 10/28/2019. (Schapiro, Andrew) (Docket Text Modified by Clerk's Office) Modified on 10/23/2019 (pk, ). [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 9 SUMMONS Returned Executed by Conagra Brands, Inc. as to BNSF Railway Company on 10/7/2019, answer due 10/28/2019.(Schapiro, Andrew)(Docket Text Modified by Clerk's Office) Modified on 10/23/2019 (pk, ). [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16356511. (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 0752-16356420. (Neuwirth, Stephen) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 6 MINUTE entry before the Honorable Robert M. Dow, Jr: Initial status hearing is set for 11/14/2019 at 9:00 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the Courts action herein. Lead counsel is directed to appear at this status hearing. The parties are requested to file a joint status report at least two days prior to the initial status. For further details see the Court's website available at www.ilnd.uscourts.gov. Mailed notice (cdh, ) [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 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. (pk, ) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Conagra Brands, Inc. (Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
| CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. Case assignment: Random assignment. (ng, ) [Transferred from Illinois Northern on 2/12/2020.] |
| Filing 3 ATTORNEY Appearance for Plaintiff Conagra Brands, 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 Conagra Brands, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-16289525.(Schapiro, Andrew) [Transferred from Illinois Northern on 2/12/2020.] |
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