BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION/IBT v. UNION PACIFIC RAILROAD COMPANY
Plaintiff: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION/IBT
Defendant: UNION PACIFIC RAILROAD COMPANY
Case Number: 1:2020cv02109
Filed: August 3, 2020
Court: US District Court for the District of Columbia
Presiding Judge: Rudolph Contreras
Referring Judge: Thomas F Hogan
Nature of Suit: Labor: Railway Labor Act
Cause of Action: 45:151
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2020 Filing 36 Case directly reassigned to Judge Thomas F. Hogan as there is an earlier related case. Judge Rudolph Contreras is no longer assigned to the case. (rj)
September 22, 2020 Opinion or Order Filing 35 ORDER; granting #34 Motion to Consolidate Cases. Signed by Judge Thomas F. Hogan on 9/21/2020. (See Order for Details) (hs)
September 21, 2020 Cases Consolidated. Cases 20cv2173, 20cv2543, 20cv1767 and 20cv2109 have been consolidated with 19cv3586 pursuant to Minute Order entered 09/21/2020. ALL PLEADINGS MUST BE FILED IN LEAD CASE NO. 19cv3586. THE PARTIES ARE ADVISED NOT TO ELECT TO SPREAD TEXT WHEN FILING IN ECF. (eg)
September 18, 2020 Filing 34 Unopposed MOTION to Consolidate Cases by UNION PACIFIC RAILROAD COMPANY (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Munro, Donald)
August 3, 2020 Filing 33 Case transferred in from District of Nebraska; Case Number 8:19-cv-00466. Original file certified copy of transfer order and docket sheet received.
August 3, 2020 Case transferred to District of USDC - Columbia. Original electronic file sent. (LKO) [Transferred from Nebraska on 8/3/2020.]
July 1, 2020 Opinion or Order Filing 32 MEMORANDUM AND ORDER - Defendant's Motion to Dismiss, Transfer, or Stay (Filing #11 ) is granted as to transfer. The case shall be transferred to the United States District Court for the District of Columbia. Defendant's Motion to Stay (Filing #11 ) is denied as moot. Filing #11 will remain pending as to Defendant's Motion to Dismiss, to be decided after transfer. Ordered by Judge Brian C. Buescher. (LKO) [Transferred from Nebraska on 8/3/2020.]
June 28, 2020 Filing 31 NOTICE of Supplemental Authority by Attorney Robert E. O'Connor, Jr. on behalf of Plaintiff Brotherhood of Maintenance of Way Employes Division/IBT (Attachments: #1 Exhibit)(O'Connor, Robert) [Transferred from Nebraska on 8/3/2020.]
June 26, 2020 Filing 30 NOTICE of Supplemental Authority by Attorney Donald J. Munro on behalf of Defendant Union Pacific Railroad Company (Attachments: #1 Exhibit)(Munro, Donald) [Transferred from Nebraska on 8/3/2020.]
June 4, 2020 Filing 29 TEXT MINUTE ENTRY for proceedings held before Judge Brian C. Buescher regarding Defendant's Motion to Dismiss, Transfer, or Stay #11 . Motion Hearing was held on 06/04/2020 by video conference. Oral arguments by both Plaintiff and Defendant. Matter taken under advisement. Order to be issued. Appearance for Plaintiffs: Richard S. Edelman by Video Conference; Appearance for Defendant: Donald J. Munro by Video Conference; Courtroom Deputy: Laura Coyle; Court Reporter: Brenda L. Fauber; Time Start: 2:00 p.m.; Time Stop: 3:00 p.m.; Time in Courts: 1 hour. (LAC) [Transferred from Nebraska on 8/3/2020.]
May 28, 2020 Filing 28 INDEX in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Failure to Join Indispensable Parties MOTION to Change Venue MOTION to Stay #11 by Attorney Robert E. O'Connor, Jr. on behalf of Plaintiff Brotherhood of Maintenance of Way Employes Division/IBT. (Attachments: #1 Exhibit Second Declaration Peter Kennedy)(O'Connor, Robert) [Transferred from Nebraska on 8/3/2020.]
May 28, 2020 Filing 27 BRIEF in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Failure to Join Indispensable Parties MOTION to Change Venue MOTION to Stay #11 by Attorney Robert E. O'Connor, Jr. on behalf of Plaintiff Brotherhood of Maintenance of Way Employes Division/IBT.(O'Connor, Robert) [Transferred from Nebraska on 8/3/2020.]
May 22, 2020 Filing 26 INDEX in support of Brief, #25 by Attorney Donald J. Munro on behalf of Defendant Union Pacific Railroad Company. (Attachments: #1 Exhibit A - Rodgers Decl., #2 Exhibit B - Doerr Decl.)(Munro, Donald) [Transferred from Nebraska on 8/3/2020.]
May 22, 2020 Filing 25 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Failure to Join Indispensable Parties MOTION to Change Venue MOTION to Stay #11 Supplement in Response to Order (ECF No. 22) by Attorney Donald J. Munro on behalf of Defendant Union Pacific Railroad Company.(Munro, Donald) [Transferred from Nebraska on 8/3/2020.]
May 15, 2020 Opinion or Order Filing 24 CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Judge Brian C. Buescher. (LAC) [Transferred from Nebraska on 8/3/2020.]
May 15, 2020 Opinion or Order Filing 23 TEXT ORDER setting oral argument on Defendant's pending Motion to Dismiss, Transfer, or Stay (Filing #11 ) for Thursday June 4, 2020, at 2:00 PM CST via video conference before Judge Brian C. Buescher. Defendant shall have fifteen minutes to argue its motion, and Plaintiff shall have fifteen minutes to respond. Additionally, each party shall have seven minutes of rebuttal. A separate order containing case conference instructions is forthcoming. Ordered by Judge Brian C. Buescher. (LAC) [Transferred from Nebraska on 8/3/2020.]
May 14, 2020 Opinion or Order Filing 22 ORDER - This matter is before the Court on the Defendant's Motion to Dismiss, Transfer, or Stay. Filing #11 . Having considered the parties' briefing, the Court will set a video conference hearing for oral argument on Defendant's motion. To further assist the Court with this matter, the parties are ordered to submit supplemental briefing and supporting evidence, which the Court can properly consider related to a motion for transfer. Defendant shall submit a supplemental brief and file any relevant evidence supporting its motion on or before May 22, 2020. Plaintiff shall respond with a brief and file any relevant evidence on or before May 29, 2020. Each brief is limited to ten double-spaced pages. The video conference hearing date and time will be set by separate text order. Ordered by Judge Brian C. Buescher. (LKO) [Transferred from Nebraska on 8/3/2020.]
February 18, 2020 Filing 21 REPLY BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Failure to Join Indispensable Parties MOTION to Change Venue MOTION to Stay #11 by Attorney Donald J. Munro on behalf of Defendant Union Pacific Railroad Company.(Munro, Donald) [Transferred from Nebraska on 8/3/2020.]
February 4, 2020 Opinion or Order Filing 20 TEXT ORDER granting #19 Unopposed Motion to Extend. Union Pacific shall have an extension of time to February 18, 2020, to file a reply brief in support of its Motion to Dismiss, Transfer, or Stay #11 . Ordered by Magistrate Judge Michael D. Nelson. (SMN) [Transferred from Nebraska on 8/3/2020.]
February 4, 2020 Filing 19 UNOPPOSED MOTION to Extend Time to File Reply to Brief, #17 by Attorney Donald J. Munro on behalf of Defendant Union Pacific Railroad Company.(Munro, Donald) [Transferred from Nebraska on 8/3/2020.]
February 2, 2020 Filing 18 INDEX in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Failure to Join Indispensable Parties MOTION to Change Venue MOTION to Stay #11 by Attorney Robert E. O'Connor, Jr. on behalf of Plaintiff Brotherhood of Maintenance of Way Employes Division/IBT. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Errata Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit 2, #14 Exhibit Exhibit 3, #15 Exhibit Exhibit 4, #16 Exhibit Exhibit 5, #17 Exhibit Exhibit 6, #18 Exhibit Exhibit 7, #19 Exhibit Exhibit 8)(O'Connor, Robert) [Transferred from Nebraska on 8/3/2020.]
February 2, 2020 Filing 17 BRIEF in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Failure to Join Indispensable Parties MOTION to Change Venue MOTION to Stay #11 by Attorney Robert E. O'Connor, Jr. on behalf of Plaintiff Brotherhood of Maintenance of Way Employes Division/IBT.(O'Connor, Robert) [Transferred from Nebraska on 8/3/2020.]
December 30, 2019 Opinion or Order Filing 16 TEXT ORDER granting #15 Unopposed Motion to Extend. Plaintiff shall have an extension of time to February 4, 2020, to file a brief in response to Defendant's Motion to Dismiss #11 . Ordered by Magistrate Judge Michael D. Nelson. (SMN) [Transferred from Nebraska on 8/3/2020.]
December 30, 2019 Filing 15 UNOPPOSED MOTION to Extend Time to Respond to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Failure to Join Indispensable Parties MOTION to Change Venue MOTION to Stay #11 by Attorney Robert E. O'Connor, Jr. on behalf of Plaintiff Brotherhood of Maintenance of Way Employes Division/IBT.(O'Connor, Robert) [Transferred from Nebraska on 8/3/2020.]
December 26, 2019 Filing 14 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Union Pacific Corporation for Union Pacific Railroad Company. by Attorney Donald J. Munro on behalf of Defendants Union Pacific Railroad Company, Union Pacific Corporation.(Munro, Donald) [Transferred from Nebraska on 8/3/2020.]
December 26, 2019 Filing 13 INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Failure to Join Indispensable Parties MOTION to Change Venue MOTION to Stay #11 by Attorney Donald J. Munro on behalf of Defendant Union Pacific Railroad Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Munro, Donald) [Transferred from Nebraska on 8/3/2020.]
December 26, 2019 Filing 12 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Failure to Join Indispensable Parties MOTION to Change Venue MOTION to Stay #11 by Attorney Donald J. Munro on behalf of Defendant Union Pacific Railroad Company.(Munro, Donald) [Transferred from Nebraska on 8/3/2020.]
December 26, 2019 Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (, ), MOTION to Dismiss for Failure to Join Indispensable Parties (, ), MOTION to Change Venue (, ), MOTION to Stay (, ) by Attorney Donald J. Munro on behalf of Defendant Union Pacific Railroad Company.(Munro, Donald) [Transferred from Nebraska on 8/3/2020.]
November 21, 2019 Filing 10 TEXT ORDER regarding Application for Refund of Fees Paid Electronically #8 . Pro Hac Vice admission fee in the amount of $100.00 is refunded to the payor, Donald Munro, receipt number ANEDC-4055006. Ordered by Deputy Clerk. (JLS) [Transferred from Nebraska on 8/3/2020.]
November 20, 2019 Filing 9 NOTICE of Appearance by Attorney Christopher R. Hedican on behalf of Defendant Union Pacific Railroad Company (Hedican, Christopher) [Transferred from Nebraska on 8/3/2020.]
November 13, 2019 Filing 8 APPLICATION for Refund of pro hac vice admission fee paid electronically by Attorney Donald J. Munro on behalf of Defendant Union Pacific Railroad Company.(Munro, Donald) [Transferred from Nebraska on 8/3/2020.]
November 12, 2019 Filing 7 TEXT ORDER granting Motion for Admission Pro Hac Vice #5 for attorney Donald Munro. Ordered by Deputy Clerk. (JLS) [Transferred from Nebraska on 8/3/2020.]
November 12, 2019 Filing 6 TEXT ORDER granting Motion for Admission Pro Hac Vice #4 for attorney Nikki McArthur. Ordered by Deputy Clerk. (JLS) [Transferred from Nebraska on 8/3/2020.]
November 11, 2019 Filing 5 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4055006 by Attorney Donald J. Munro on behalf of Defendant Union Pacific Railroad Company.(Munro, Donald) [Transferred from Nebraska on 8/3/2020.]
November 8, 2019 Filing 4 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4054719 by Attorney Nikki L. McArthur on behalf of Defendant Union Pacific Railroad Company.(McArthur, Nikki) [Transferred from Nebraska on 8/3/2020.]
November 5, 2019 Filing 3 WAIVER OF SERVICE Returned Executed upon defendant Union Pacific Railroad Company. Waiver sent on 10/28/2019. (O'Connor, Robert) [Transferred from Nebraska on 8/3/2020.]
October 23, 2019 Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Judge Brian C. Buescher and Magistrate Judge Michael D. Nelson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LKO) [Transferred from Nebraska on 8/3/2020.]
October 23, 2019 Filing 1 COMPLAINT against Union Pacific Railroad ( Filing fee $ 400, receipt number ANEDC-4043985), by Attorney Robert E. O'Connor, Jr. on behalf of Brotherhood of Maintenance of Way Employes Division/IBT (O'Connor, Robert) [Transferred from Nebraska on 8/3/2020.]

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Defendant: UNION PACIFIC RAILROAD COMPANY
Represented By: Donald J. Munro
Represented By: Nikki L. McArthur
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