RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATION (NO. II)- MDL NO. 2925
Plaintiff: WISCONSIN ELECTRIC POWER COMPANY, NORTHERN INDIANA PUBLIC SERVICE COMPANY LLC, AK STEEL CORPORATION, KELLOGG COMPANY, ENTERGY LOUISIANA, LLC, ENTERGY ARKANSAS, LLC, EXELON GENERATION COMPANY, LLC, MISSISSIPPI POWER COMPANY, UNION ELECTRIC COMPANY, ALABAMA POWER COMPANY, DAIRYLAND POWER COOPERATIVE, GEORGIA POWER COMPANY, AMEREN DEVELOPMENT COMPANY, NORTH STAR BLUESCOPE STEEL LLC, DYNO NOBEL, INC., CF INDUSTRIES, INC., STEELSCAPE, LLC, BRADY MCCASLAND, INC., SMM SOUTH CORPORATION, OLD WORLD INDUSTRIES, LLC, LANSING GRAIN CO., KRAFT HEINZ FOODS COMPANY, YANG MING (AMERICA) CORP., DUKE ENERGY GENERATION SERVICES, INC., AMALGAMATED SUGAR COMPANY, LLC, LAFARGE PNW, INC., INTERNATIONAL PAPER COMPANY, COGNIS USA LLC, CC CONSULTANTS, LANSING VERMONT, INC., BASF CATALYSTS LLC, WESTROCK-SOLVAY, LLC, NOVA CHEMICALS, INC., YANG MING MARINE TRANSPORT CORP., PRAXAIR, INC., TALEN ENERGY SUPPLY, LLC, WESTLAKE MANAGEMENT SERVICES INC, CALUMET MONTANA REFINING, LLC, ANDERSON, INC., THE, GENON ENERGY MANAGEMENT, LLC, EQUISTAR CHEMICALS, LP, FLORIDA ROCK INDUSTRIES, INC., TALEN GENERATION, LLC, NOVA CHEMICALS CORPORATION, AGGREGATE INDUSTRIES - SWR, INC., WESTROCK CONTAINER, LLC, WESTROCK KRAFT PAPER, LLC, VIRGINIA ELECTRIC AND POWER COMPANY, PEABODY INVESTMENTS CORP., CERTAINTEED CANADA, INC., WESTROCK MILL COMPANY, LLC, CHAPARRAL STEEL MIDLOTHIAN, LP, BRANDON SHORES LLC, PEABODY NATURAL RESOURCES COMPANY, JOSEPH CAMPBELL COMPANY, LINDE AG, CERTAINTEED CEILINGS CORPORATION, BRUNNER ISLAND, LLC, SUZUKI MOTOR OF AMERICA, INC., PEABODY POWDER RIVER MINING LLC, WESTROCK NORTHWEST, LLC, ATLANTIC GRANITE COMPANY, WESTLAKE VINYLS CO L P, LOTTE GLOBAL LOGISTICS (NORTH AMERICA), INC., KURLIN COMPANY, LLC, GRAIN CRAFT, INC., WHITE SPRINGS AGRICULTURAL CHEMICALS, INC., UNILEVER ASCC AG, PEABODY COULTERVILLE MINING, LLC, MOTIVA ENTERPRISES, LLC, WESTROCK LONGVIEW, LLC, ANHEUSER-BUSCH COMPANIES LLC, DUKE ENERGY PROGRESS, LLC, CHAPARRAL (VIRGINIA) INC., GEOCYCLE LLC, AGGREGATES USA (MACON) LLC, WESTROCK-REX, LLC, CAMPBELL COMPANY OF CANADA, RAYONIER ADVANCED MATERIALS INC., SCHIABO LAROVO CORPORATION, AGGREGATES USA, LLC, UPM-KYMMENE, INC., GERDAU AMERISTEEL PERTH AMBOY INC., POTLATCHDELTIC CORPORATION, ALCOA CORPORATION, METAL MANAGEMENT MEMPHIS, LLC, GRAND RIVER DAM AUTHORITY, VIRGINIA CONCRETE COMPANY LLC, AGGREGATES USA (SAVANNAH) LLC, DMG EQUIPMENT COMPANY LLC, MCCARTNEY CONSTRUCTION COMPANY INC, METAL MANAGEMENT PITTSBURGH, INC., KIA MOTORS AMERICA, INC, DOW CHEMICAL COMPANY, AMERCHOL CORPORATION, SAINT-GOBAIN CERAMICS & PLASTICS, INC., VULCAN AGGREGATES COMPANY LLC, "K" LINE AMERICA, INC., AZUSA ROCK LLC, LANSING-LOUISIANA, LLC, GOODYEAR TIRE AND RUBBER COMPANY, MAERSK LINE UK LIMITED, DUKE ENERGY INDIANA, LLC, SMM SOUTHEAST LLC, WESTROCK CP, LLC, SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, ARCELORMITTAL DOFASCO G.P., WESTROCK SOUTHEAST, LLC, UMETCO MINERALS CORPORATION, WESTROCK COMPANY OF CANADA CORP./COMPAGNIE WESTROCK DU CANADA CORP., DEGS OF NARROWS, LLC, CHEM-MARINE CORPORATION OF SOUTH CAROLINA, WPT L L C, CALMAT CO, BOTTLING GROUP, LLC, PEABODY COALSALES, LLC, GENON POWER MIDWEST LP, WESTROCK TEXAS, L.P., VULCAN CONSTRUCTION MATERIALS LLC, PEABODY COALTRADE, LLC, FULTON CONCRETE COMPANY LLC, HOLCIM (US) INC., METAL MANAGEMENT, INC., R C SMITH COMPANIES LLC, TWENTYMILE COAL, LLC, AMERICAN ROCK SALT COMPANY LLC, CAMPBELL FOODSERVICE COMPANY, FRITO-LAY, INC., LANSING TRADE GROUP, LLC., COALSALES II, LLC, KAWASAKI KISEN KAISHA, LTD., MARTINS CREEK, LLC, CALUMET KARNS CITY REFINING, LLC, CLEARWATER PAPER CORPORATION, WESTLAKE LONGVIEW CORP, TOYOTA MOTOR SALES, U.S.A., INC., J. R. SIMPLOT COMPANY, WESTLAKE PETROCHEMICALS L L C, PCS PHOSPHATE COMPANY, INC., TROPICANA PRODUCTS, INC., LANSING BOARD OF WATER AND LIGHT, WESTLAKE POLYMERS L L C, FORD MOTOR COMPANY, AGRIUM (U.S.), INC., CEMENT TRANSPORT, LTD, H.A. WAGNER LLC, U.S. SILICA COMPANY, HYUNDAI MOTOR AMERICA, INC., NEWELL RECYCLING SOUTHEAST, LLC, CALUMET BRANDED PRODUCTS, LLC, AGGREGATE INDUSTRIES - MWR, INC., DOMTAR CORPORATION, WESTROCK MINNESOTA CORPORATION, CONEMAUGH FUELS, LLC, ROSEBURG FOREST PRODUCTS CO., EAST DUBUQUE NITROGEN FERTILIZERS, LLC, AXIALL L L C, SMM NEW ENGLAND CORPORATION, IPSCO TUBULARS (KY), LLC, DUKE ENERGY CAROLINAS, LLC, LAFARGE NORTH AMERICA, INC., CAMPBELL SOUP SUPPLY COMPANY L.L.C., TAMINCO CORPORATION, CHAPARRAL STEEL COMPANY, SIMS GROUP USA HOLDINGS CORPORATION, MERCEDES-BENZ USA, LLC, DUKE ENERGY OHIO, LLC, WESTROCK COATED BOARD, LLC, CALIFORNIA STEEL INDUSTRIES, INC., LANSING ETHANOL SERVICES, LLC, DOMINION ENERGY FUEL SERVICES, INC., BARDON, INC., EXXON MOBIL CORPORATION, KEYSTONE FUELS, LLC, WESTLAKE VINYLS INC, COFFEYVILLE RESOURCES REFINING & MARKETING, LLC, BIRD INCORPORATED, AP MOLLER - MAERSK A/S, SHARON COATING, LLC, DUKE ENERGY FLORIDA, LLC, LEGACY VULCAN LLC, NLMK USA, INC, SIMS GROUP USA CORPORATION, TOTAL PETROCHEMICALS & REFINING USA, INC., ALCOA FUELS, INC., ANHEUSER-BUSCH, LLC, EASTALCO ALUMINUM COMPANY, CALUMET SPECIALTY PRODUCTS PARTNERS, L.P., CERTAINTEED GYPSUM & CEILING MANUFACTURING, INC., GERDAU AMERISTEEL CORPORATION, AGGREGATES USA (SPARTA) LLC, TOYOTA CANADA INC., IPSCO TUBULARS INC., METAL MANAGEMENT OHIO, INC., SIMSMETAL EAST LLC, NORMERICA INC., CONSOL ENERGY INC., TRIANGLE ROCK PRODUCTS LLC, CERTAINTEED GYPSUM, INC., CANADA IMPERIAL OIL LIMITED, WESTLAKE STYRENE L L C, COFFEYVILLE RESOURCES NITROGEN FERTILIZERS, LLC, CONAGRA BRANDS, INC., METAL MANAGEMENT NORTHEAST, INC., LYONDELLBASELL ACETYLS, LLC, CERTAINTEED GYPSUM MANUFACTURING, INC., CALUMET REFINING, LLC, LATTIMORE MATERIALS CORP., EXXONMOBIL OIL CORPORATION, ARCONIC, INC., PEPPERIDGE FARM, INCORPORATED, PROGRESS FUELS, LLC, ARCELORMITTAL USA LLC, CALUMET COTTON VALLEY REFINING, LLC, SIMS SOUTHWEST CORPORATION, EXXONMOBIL GLOBAL SERVICES COMPANY, DOMINION ENERGY SOUTH CAROLINA, INC., IPSCO KOPPEL TUBULARS, L.L.C., NORFALCO SALES, CERTAINTEED GYPSUM NC, INC., WESTROCK VIRGINIA, LLC, BEL-RAY COMPANY, LLC, IMPERIAL OIL LIMITED, ALUMAX MILL PRODUCTS, INC., IMPERIAL OIL, DUKE ENERGY KENTUCKY, LLC, AXIALL CORP, PROCAT TESTING LLC, VULCAN MATERIALS COMPANY, SHEFFIELD STEEL CORPORATION, GERDAU AMERISTEEL SAYREVILLE INC., J.M. SMUCKER COMPANY, SYSTECH ENVIRONMENTAL CORPORATION, TMS INTERNATIONAL, LLC, BOISE CASCADE COMPANY, ALCOA POWER GENERATING, INC., SOLUTIA INC., NOVA CHEMICALS (CANADA) LTD., PEABODY ENERGY CORPORATION, PHILLIPS 66 COMPANY, GERDAU AMERISTEEL US INC., TALEN MONTANA, LLC, REYNOLDS METAL COMPANY, NLMK PENNSYLVANIA, LLC, BASF CORPORATION, CALHOUN ASPHALT COMPANY INC, PCS NITROGEN, INC., CERTAINTEED GYPSUM WEST VIRGINIA, INC., INTALCO ALUMINUM, LLC, METAL MANAGEMENT MIDWEST, INC., CALUMET OPERATING, LLC, CEMEX, INC., CERTAINTEED LLC, SIMSMETAL WEST LLC, NORFALCO LLC, MAERSK INC., CALUMET PRINCETON REFINING, LLC, LYONDELL CHEMICAL COMPANY, METAL MANAGEMENT INDIANA, INC., WYNNEWOOD REFINING COMPANY, LLC, NORTHDOWN INDUSTRIES, INC., AGGREGATE INDUSTRIES NORTHEAST REGION, INC., MILLERCOORS, LLC, WESTROCK COMPANY, PCS SALES (USA), INC., GENON REMA, LLC, ALCOA WORLD ALUMINA, LLC, MONTOUR, LLC, UNION CARBIDE CORPORATION, AGGREGATE INDUSTRIES MANAGEMENT, INC., EASTMAN CHEMICAL COMPANY, TALEN ENERGY MARKETING, LLC, GERDAU MACSTEEL, INC., CERTAINTEED GYPSUM AND CEILINGS USA, INC., HARPER BROTHERS LLC, PEABODY MIDWEST MINING LLC, CAMPBELL SOUP COMPANY, TMK NSG, LLC, CALUMET DICKINSON REFINING, LLC, SHELL TRADING (US) COMPANY, SHELL CHEMICALS CANADA, EQUILON ENTERPRISES LLC, SHELL CHEMICAL LP, ANDERSON, INC., PENNZOIL-QUAKER STATE COMPANY, UPS GROUND FREIGHT, INC., NIPPON YUSEN KABUSHIKI KAISHA, NYK LINE (NORTH AMERICA), INC., UPS SUPPLY CHAIN SOLUTIONS, INC., DOMINO FOODS, INC., UNITED PARCEL SERVICE, INC., HIGH LEVEL MANAGEMENT VENTURERS, TRAMMO, INC., CENTURY ALUMINUM OF WEST VIRGINIA, INC., CENTURY ALUMINUM COMPANY, SOUTHEASTERN MILLS, INC., MITSUI O.S.K. LINES, LTD., CENTURY ALUMINUM OF SOUTH CAROLINA, INC, NSA, GP, TRANSRAIL, INC., CENTURY ALUMINUM OF KENTUCKY, GP, CALPORTLAND COMPANY, STERLING STEEL CO., LLC, PROCTER & GAMBLE DISTRIBUTING LLC, PROCTER & GAMBLE COMPANY, PROCTER & GAMBLE PAPER PRODUCTS COMPANY, PROCTER & GAMBLE MANUFACTURING COMPANY, CROWLEY MARITIME CORPORATION, CROWLEY LINER SERVICES, INC., CROWLEY LOGISTICS, INC., RAVAGO AMERICAS LLC, LEHIGH HANSON, INC., HB CHEMICAL CORPORATION, INTERNATIONAL POLYMERS CORPORATION, ANDERSONS, INC., RAVAGO CHEMICAL DISTRIBUTION, INC., BMW OF NORTH AMERICA, LLC, BMW MANUFACTURING CO., LLC, UNION ELECTRIC COMPANY doing business as AMEREN MISSOURI, UNION CARBIDE ETHYLENE OXIDE, PENNZOIL-QUAKER STATE COMPANY formerly doing business as SOPUS PRODUCTS, PEABODY COALSALES COMPANY, SIMS HUGO NEU CORPORATION, TH HILSON COMPANY, COALSALES, LLC, CONAGRA FOODS, INC., HUGO NEU SCHNITZER EAST, METAL MANAGEMENT CONNECTICUT, INC., WISCONSIN ELECTRIC POWER COMPANY doing business as WE ENERGIES, PPL ENERGY SUPPLY, LLC, BARDON, INC. doing business as AGGREGATE INDUSTRIES MID-ATLANTIC REGION, PEABODY COALTRADE, INC, PPL GENERATION, LLC, PROLER SOUTHWEST CORPORATION, TWENTYMILE COAL COMPANY, SIMS HUGO NEU EAST LLC, COALTRADE, LLC, SHELL CHEMICALS CANADA LTD., EQUILON ENTERPRISES LLC doing business as SHELL OIL PRODUCTS US doing business as SOPUS, TRANSAMMONIA, INC., METAL MANAGEMENT ALABAMA, INC., PROLER SOUTHWEST LP, PPL MONTANA, LLC, PPL BRUNNER ISLAND, LLC, SIMS HUGO NEU WEST LLC, PPL MARTINS CREEK LLC, PPL MONTOUR, LLC, HYUNDAI INTERMODAL, INC., PPL ENERGYPLUS, LLC, LOGISTICS INSIGHT CORP., TRANSPORT COMMUNICATIONS SYSTEMS II, L.L.C., CENTRAL TRANSPORT, INC., CENTRAL TRANSPORT INTERNATIONAL, INC., AIR PRODUCTS AND CHEMICALS, INC., SMURFIT-STONE CONTAINER CANADA INC, TRONOX US HOLDINGS INC., TRONOX INC., ABF FREIGHT SYSTEMS INC, E.I. DU PONT DE NEMOURS AND COMPANY, ANDRE M. TOFFEL, SUNOCO (R&M), LLC, ETC SUNOCO HOLDINGS LLC, SUNOCO, INC., SUNOCO, INC. (R&M), MITSUBISHI MOTORS NORTH AMERICA, INC., QUAKER OATS COMPANY, LYONDELLBASELL ADVANCED POLYMERS INC., WESTROCK CONVERTING, LLC, AMERICAN ZINC RECYCLING CORP., GENERAL ELECTRIC COMPANY, ASCEND PERFORMANCE MATERIALS OPERATIONS LLC, PEABODY ELECTRICITY, LLC, CRH AMERICAS, INC., ASH GROVE CEMENT COMPANY, BIG RIVER INDUSTRIES, INC., PENNSY SUPPLY, INC., MOLAM LEGACY, INC., PREFERRED MATERIALS, INC., SHELLY COMPANY, LOUISIANA-PACIFIC CORPORATION, OLDCASTLE APG WEST, INC., ARRMAZ PRODUCTS INC., ARKEMA INC., INGREDION INCORPORATED, SUZUKI MOTOR USA, LLC, EMULSICOAT, INC., RINECO CHEMICAL INDUSTRIES, LLC, HERITAGE TRANSPORT, LLC, LAKETON REFINING CORPORATION, HERITAGE GROUP doing business as ASPHALT REFINING COMPANY, BITUMINOUS MATERIALS AND SUPPLY, L.P., ASPHALT MATERIALS, INC., HERITAGE ENVIRONMENTAL SERVICES, LLC, PIZO OPERATING COMPANY, LLC, GENERAL MOTORS LLC, KENECOTT UTAH COPPER LLC, RIO TINTO ENERGY AMERICA INC., U.S. BORAX INC. and CHS INC.
Defendant: UNION PACIFIC RAILROAD COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, BNSF RAILWAY COMPANY, CALUMET SHREVEPORT REFINING, LLC, KANSAS CITY SOUTHERN RAILWAY COMPANY and ASSOCIATION OF AMERICAN RAILROADS
In Re: RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATION (NO. II)- MDL NO. 2925
Interested Party: NORFOLK SOUTHERN CORPORATION, UNION PACIFIC CORPORATION, CVR ENERGY, INC., CVR PARTNERS, LP, LYONDELLBASELL INDUSTRIES N.V., NATIONAL INDEMNITY COMPANY, CVR NITROGEN, LP, PAO TMK, ARAMCO SERVICES COMPANY, BURLINGTON NORTHERN SANTA FE, LLC, OBH LLC, CSX CORPORATION, CVR REFINING, LP, BERKSHIRE HATHAWAY INC., ROYAL DUTCH SHELL PLC, SHELL OIL COMPANY, BERKSHIRE HATHAWAY, INC., RAVAGO HOLDINGS AMERICA, INC., ENERGY TRANSFER OPERATING, L.P., SK TITAN HOLDINGS LLC, BERSHIRE HATHAWAY and ASCEND PERFORMANCE MATERIALS HOLDINGS INC.
Case Number: 1:2020mc00008
Filed: February 6, 2020
Court: US District Court for the District of Columbia
Presiding Judge: Beryl A Howell
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. ยง 15
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2021 Opinion or Order Filing 736 NOTICE OF WITHDRAWAL OF APPEARANCE as to ARKEMA INC., ARRMAZ PRODUCTS INC., BOISE CASCADE COMPANY, BOTTLING GROUP, LLC, COALSALES II, LLC, CONSOL ENERGY INC., CROWLEY LINER SERVICES, INC., CROWLEY LOGISTICS, INC., CROWLEY MARITIME CORPORATION, EQUISTAR CHEMICALS, LP, FRITO-LAY, INC., GRAND RIVER DAM AUTHORITY, J. R. SIMPLOT COMPANY, LANSING BOARD OF WATER AND LIGHT, LOTTE GLOBAL LOGISTICS (NORTH AMERICA), INC., LYONDELL CHEMICAL COMPANY, LYONDELLBASELL ACETYLS, LLC, LYONDELLBASELL ADVANCED POLYMERS INC., METAL MANAGEMENT INDIANA, INC., METAL MANAGEMENT MEMPHIS, LLC, METAL MANAGEMENT MIDWEST, INC., METAL MANAGEMENT NORTHEAST, INC., METAL MANAGEMENT OHIO, INC., METAL MANAGEMENT PITTSBURGH, INC., METAL MANAGEMENT, INC., MILLERCOORS, LLC, PEABODY COALSALES, LLC, PEABODY COALTRADE, LLC, PEABODY COULTERVILLE MINING, LLC, PEABODY ENERGY CORPORATION, PEABODY INVESTMENTS CORP., PEABODY MIDWEST MINING LLC, PEABODY NATURAL RESOURCES COMPANY, PEABODY POWDER RIVER MINING LLC, ROSEBURG FOREST PRODUCTS CO., SCHIABO LAROVO CORPORATION, SIMS GROUP USA CORPORATION, SIMS GROUP USA HOLDINGS CORPORATION, SIMS SOUTHWEST CORPORATION, SIMSMETAL EAST LLC, SIMSMETAL WEST LLC, SMM NEW ENGLAND CORPORATION, SMM SOUTH CORPORATION, SMM SOUTHEAST LLC, SUZUKI MOTOR OF AMERICA, INC., TMS INTERNATIONAL, LLC, TOTAL PETROCHEMICALS & REFINING USA, INC., TRAMMO, INC., TROPICANA PRODUCTS, INC., TWENTYMILE COAL, LLC, U.S. SILICA COMPANY. Attorney Matthew David Wood terminated. (Wood, Matthew)
September 15, 2021 Opinion or Order Filing 735 NOTICE of Appearance by Morgan L. Petkovich on behalf of NORFOLK SOUTHERN RAILWAY COMPANY (Petkovich, Morgan)
September 14, 2021 Opinion or Order Filing 734 NOTICE of Appearance by William Stewart, Jr on behalf of NORFOLK SOUTHERN RAILWAY COMPANY (Stewart, William)
September 9, 2021 Opinion or Order Filing 733 NOTICE of Appearance by Eric P. Enson on behalf of UNION PACIFIC RAILROAD COMPANY (Enson, Eric)
September 7, 2021 Opinion or Order Filing 732 Joint STATUS REPORT by GEORGIA POWER COMPANY, MISSISSIPPI POWER COMPANY, NORTHERN INDIANA PUBLIC SERVICE COMPANY LLC, UNION ELECTRIC COMPANY, ALABAMA POWER COMPANY, AMEREN DEVELOPMENT COMPANY. (Attachments: #1 Exhibit Exhibit to Joint Status Report)(Brown, Sandra)
August 31, 2021 Opinion or Order Filing 731 ANSWER to Complaint with Jury Demand by BNSF RAILWAY COMPANY.(Stein, Linda)
August 31, 2021 Opinion or Order Filing 730 ANSWER to Complaint with Jury Demand (CHS Inc. v. Union Pacific Railroad Company, et al., No. 1:21-cv-02017-BAH) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
August 31, 2021 Opinion or Order Filing 729 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (CHS Inc. v. Union Pacific Railroad Company, et al., No. 1:21-cv-02017-BAH) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
August 31, 2021 Opinion or Order Filing 728 NOTICE of Appearance by John William Baker, Jr on behalf of NORFOLK SOUTHERN RAILWAY COMPANY (Baker, John)
August 31, 2021 Opinion or Order Filing 727 NOTICE of Appearance by Emily Loreen Herman-Thompson on behalf of NORFOLK SOUTHERN RAILWAY COMPANY (Herman-Thompson, Emily)
August 31, 2021 Opinion or Order Filing 726 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
August 31, 2021 Opinion or Order Filing 725 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
August 31, 2021 Opinion or Order Filing 724 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
August 31, 2021 Opinion or Order Filing 723 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
August 31, 2021 Opinion or Order Filing 722 NOTICE of Appearance by Matthew M. Collette on behalf of UNION PACIFIC RAILROAD COMPANY (Collette, Matthew)
August 31, 2021 Opinion or Order Filing 721 ANSWER to Complaint with Jury Demand (CHS Inc. v. Union Pacific Railroad Company et al.) by UNION PACIFIC RAILROAD COMPANY.(Collette, Matthew)
August 31, 2021 Opinion or Order Filing 720 ANSWER to Complaint with Jury Demand (CHS Inc. v. Union Pacific Railroad Company, et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
August 31, 2021 Opinion or Order Filing 719 NOTICE of Appearance by Alethea Anne Swift on behalf of UNION PACIFIC RAILROAD COMPANY (Swift, Alethea)
August 31, 2021 Opinion or Order Filing 718 NOTICE of Appearance by Toni Michelle Jackson on behalf of CSX TRANSPORTATION, INC. (Jackson, Toni)
August 24, 2021 Opinion or Order Filing 717 NOTICE of Appearance by T.H. Lyda, I on behalf of NORFOLK SOUTHERN RAILWAY COMPANY (Lyda, T.H.)
August 23, 2021 Opinion or Order Filing 716 NOTICE of Appearance by Crawford McGivaren, Jr on behalf of NORFOLK SOUTHERN RAILWAY COMPANY (Attachments: #1 Exhibit)(McGivaren, Crawford)
August 6, 2021 Opinion or Order Filing 715 ANSWER to Complaint with Jury Demand by UNION PACIFIC RAILROAD COMPANY.(Collette, Matthew)
August 4, 2021 Opinion or Order Filing 714 ANSWER to Complaint with Jury Demand (Kennecott Utah Copper LLC et al v. BNSF Railway Company, et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
August 4, 2021 Opinion or Order Filing 713 ANSWER to Complaint with Jury Demand (Kennecott Utah Copper LLC, et al. v. BNSF Railway Company, et al., No. 1:21-cv-01835-BAH) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
August 4, 2021 Opinion or Order Filing 712 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Kennecott Utah Copper LLC, et al. v. BNSF Railway Company, et al., No. 1:21-cv-01835-BAH) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
August 4, 2021 Opinion or Order Filing 711 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
August 4, 2021 Opinion or Order Filing 710 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
August 4, 2021 Opinion or Order Filing 709 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
August 4, 2021 Opinion or Order Filing 708 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
August 4, 2021 Opinion or Order Filing 707 ANSWER to Complaint with Jury Demand (Kennecott Utah Copper LLC, et al.) by BNSF RAILWAY COMPANY.(Stein, Linda)
August 4, 2021 Opinion or Order Filing 706 ANSWER to Complaint with Jury Demand (Kennecott Utah Copper LLC, et al.) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
August 4, 2021 Opinion or Order Filing 705 NOTICE of Appearance by Kelsey Bryan on behalf of UNION PACIFIC RAILROAD COMPANY (Bryan, Kelsey)
August 4, 2021 Opinion or Order Filing 704 NOTICE of Appearance by John M. Majoras on behalf of UNION PACIFIC RAILROAD COMPANY (Majoras, John)
August 4, 2021 Opinion or Order Filing 703 NOTICE of Appearance by Tyrone R. Childress on behalf of UNION PACIFIC RAILROAD COMPANY (Childress, Tyrone)
August 3, 2021 Opinion or Order Filing 702 ANSWER to Complaint with Jury Demand (Nestle Purina Petcare Company and Nestle USA, Inc.) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
August 3, 2021 Opinion or Order MINUTE ORDER (paperless) DISMISSING Northdown Industries, Inc. v. BNSF Railway Co., No. 20-cv-374 (BAH), without prejudice, pursuant to the parties' #691 Stipulation of Voluntary Dismissal and Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Signed by Chief Judge Beryl A. Howell on August 3, 2021. (lcbah3)
August 2, 2021 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: re #692 Notice of Appearance, #693 Notice of Appearance, #694 Notice of Appearance, #695 Notice of Appearance was entered in error per counsel and refiled at docket entry numbers 696 through 699. (ztd)
August 2, 2021 Opinion or Order Filing 701 ANSWER to Complaint with Jury Demand (Nestle Purina Petcare Company, et al. v. BNSF Railway Company, et al., No. 1:21-cv-01503-BAH) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
August 2, 2021 Opinion or Order Filing 700 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Nestle Purina Petcare Company, et al. v. BNSF Railway Company, et al., No. 1:21-cv-01503-BAH) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
August 2, 2021 Opinion or Order Filing 699 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
August 2, 2021 Opinion or Order Filing 698 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
August 2, 2021 Opinion or Order Filing 697 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
August 2, 2021 Opinion or Order Filing 696 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
August 2, 2021 Opinion or Order Filing 695 ENTERED IN ERROR. . . . .NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric) Modified on 8/3/2021 (ztd).
August 2, 2021 Opinion or Order Filing 694 ENTERED IN ERROR. . . . .NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara) Modified on 8/3/2021 (ztd).
August 2, 2021 Opinion or Order Filing 693 ENTERED IN ERROR. . . . .NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke) Modified on 8/3/2021 (ztd).
August 2, 2021 Opinion or Order Filing 692 ENTERED IN ERROR. . . . .NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent) Modified on 8/3/2021 (ztd).
August 2, 2021 Opinion or Order Filing 691 STIPULATION of Dismissal Pursuant to Rule 41(a)(1)(A)(ii) by NORMERICA INC., NORTHDOWN INDUSTRIES, INC.. (Neuwirth, Stephen)
August 2, 2021 Opinion or Order Filing 690 ANSWER to Complaint with Jury Demand (Nestle Purina Petcare Company et al) by BNSF RAILWAY COMPANY.(Stein, Linda)
July 30, 2021 Opinion or Order Filing 689 NOTICE of Appearance by William Roberts on behalf of CHS INC. (Roberts, William)
July 30, 2021 Opinion or Order Filing 688 NOTICE of Appearance by Kristopher S. Davis on behalf of CHS INC. (Davis, Kristopher)
July 30, 2021 Opinion or Order Filing 687 NOTICE of Appearance by Jonathan W. Dettmann on behalf of CHS INC. (Dettmann, Jonathan)
July 30, 2021 Opinion or Order Filing 686 NOTICE of Appearance by Craig S. Coleman on behalf of CHS INC. (Coleman, Craig)
July 30, 2021 Opinion or Order Filing 685 NOTICE of Appearance by George T. Caplan on behalf of CHS INC. (Caplan, George)
July 23, 2021 Opinion or Order Filing 684 CONDITIONAL TRANSFER ORDER (CTO-18) dated 7/23/2021 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407.(MDL 2925) (ztnr)
July 21, 2021 Opinion or Order Filing 683 NOTICE OF WITHDRAWAL OF APPEARANCE as to CSX TRANSPORTATION, INC.. Attorney Jeffrey D. Cohen terminated. (Arteaga, Juan)
July 21, 2021 Opinion or Order MINUTE ORDER (paperless) NOTIFYING the parties that no status conference will be held on August 6, 2021. The parties are DIRECTED to include in their September 7, 2021 joint status report three proposed dates for a future status conference, if necessary, and a proposed agenda. Signed by Chief Judge Beryl A. Howell on July 21, 2021. (lcbah3)
July 8, 2021 Opinion or Order Filing 682 ANSWER to Complaint with Jury Demand [General Motors LLC] by BNSF RAILWAY COMPANY.(Stein, Linda)
July 8, 2021 Opinion or Order Filing 681 ANSWER to Complaint by Plaintiff General Motors LLC by CSX TRANSPORTATION, INC..(Wells, David)
July 8, 2021 Opinion or Order Filing 680 NOTICE of Appearance by David Matthew Wells on behalf of CSX TRANSPORTATION, INC. (Wells, David)
July 8, 2021 Opinion or Order Filing 679 ANSWER to Complaint with Jury Demand General Motors by NORFOLK SOUTHERN RAILWAY COMPANY.(Wray, Ron)
July 8, 2021 Opinion or Order Filing 678 NOTICE of Appearance by Anne Coxe Mesrobian on behalf of CSX TRANSPORTATION, INC. (Mesrobian, Anne)
July 7, 2021 Opinion or Order Filing 677 ANSWER to #56 Amended Complaint by General Motors v. BNSF, et al. by UNION PACIFIC RAILROAD COMPANY.(Collette, Matthew)
July 6, 2021 Opinion or Order Filing 676 MEMORANDUM AND ORDER MODIFYING, in light of the parties' #667 Joint Status Report, the #102 Scheduling Order previously issued in this case. See Memorandum and Order for further details. Signed by Chief Judge Beryl A. Howell on July 6, 2021. (lcbah3)
July 6, 2021 Opinion or Order Set/Reset Deadlines: Discovery due by 10/1/2022; Plaintiffs' initial expert disclosures due by 11/1/2022; defendants' expert disclosures due by 2/15/2023; rebuttal expert disclosures due by 5/16/2023; joint status report proposing a scheduled for further proceedings due by 5/30/2023, joint status report regarding status of this litigation due by 9/7/2021, and every twelve weeks thereafter. (ztg)
July 1, 2021 Opinion or Order Filing 675 CONDITIONAL TRANSFER ORDER (CTO-17) dated 7/1/2021 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407.(MDL 2925) (ztnr)
June 15, 2021 Opinion or Order Filing 674 NOTICE of Appearance by Anne Conley on behalf of BNSF RAILWAY COMPANY (Conley, Anne)
June 15, 2021 Opinion or Order Filing 673 NOTICE of Appearance by Kuruvilla Joseph Olasa on behalf of BNSF RAILWAY COMPANY (Olasa, Kuruvilla)
June 15, 2021 Opinion or Order Filing 672 NOTICE of Appearance by Benjamin Joseph Horwich on behalf of BNSF RAILWAY COMPANY (Horwich, Benjamin)
June 15, 2021 Opinion or Order Filing 671 NOTICE of Appearance by Glenn D. Pomerantz on behalf of BNSF RAILWAY COMPANY (Pomerantz, Glenn)
June 15, 2021 Opinion or Order Filing 670 NOTICE of Appearance by Jacobus P. van der Ven on behalf of BNSF RAILWAY COMPANY (van der Ven, Jacobus)
June 15, 2021 Opinion or Order Filing 669 NOTICE of Appearance by Esteban Martin Estrada on behalf of BNSF RAILWAY COMPANY (Estrada, Esteban)
June 15, 2021 Opinion or Order Filing 668 NOTICE OF WITHDRAWAL OF APPEARANCE as to UNION PACIFIC RAILROAD COMPANY. Attorney Tyler P. Young terminated. (O'Mara, Timothy)
June 14, 2021 Opinion or Order Filing 667 Joint STATUS REPORT by CEMEX, INC., CLEARWATER PAPER CORPORATION, GOODYEAR TIRE AND RUBBER COMPANY, KRAFT HEINZ FOODS COMPANY, LEHIGH HANSON, INC., POTLATCHDELTIC CORPORATION, RAYONIER ADVANCED MATERIALS INC., STERLING STEEL CO., LLC, UNILEVER ASCC AG, UPM-KYMMENE, INC.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(Blechman, William)
June 7, 2021 Opinion or Order Filing 666 ANSWER to #647 Amended Complaint (Suzuki Motor of America, Inc., et al.) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 7, 2021 Opinion or Order Filing 665 ANSWER to #647 Amended Complaint (Suzuki Motor of America, Inc., et al.)) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
June 7, 2021 Opinion or Order Filing 664 ANSWER to Complaint with Jury Demand (Defendant CSX Transportation, Inc.s Answer to Plaintiffs Amended Complaint, Suzuki Motor of America, Inc. and Suzuki Motor USA, LLC v. CSX Transportation, Inc., et al., No. 1:20-cv-00277-BAH) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 2, 2021 Opinion or Order Filing 663 ANSWER to Complaint with Jury Demand (The Heritage Group et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 2, 2021 Opinion or Order Filing 662 ANSWER to Complaint with Jury Demand (The Heritage Group dba Asphalt Refining Company, et al. v. Union Pacific Railroad Company, et al., No. 1:21-cv-01437-BAH) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 2, 2021 Opinion or Order Filing 661 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (The Heritage Group dba Asphalt Refining Company, et al. v. Union Pacific Railroad Company, et al., No. 1:21-cv-01437-BAH) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
June 2, 2021 Opinion or Order Filing 660 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
June 2, 2021 Opinion or Order Filing 659 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
June 2, 2021 Opinion or Order Filing 658 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
June 2, 2021 Opinion or Order Filing 657 ANSWER to Complaint with Jury Demand by UNION PACIFIC RAILROAD COMPANY.(Collette, Matthew)
June 2, 2021 Opinion or Order Filing 656 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
June 1, 2021 Opinion or Order Filing 655 NOTICE of Appearance by William Roberts on behalf of ASPHALT MATERIALS, INC., BITUMINOUS MATERIALS AND SUPPLY, L.P., EMULSICOAT, INC., HERITAGE ENVIRONMENTAL SERVICES, LLC, HERITAGE GROUP, HERITAGE TRANSPORT, LLC, LAKETON REFINING CORPORATION, PIZO OPERATING COMPANY, LLC, RINECO CHEMICAL INDUSTRIES, LLC (Roberts, William)
June 1, 2021 Opinion or Order Filing 654 NOTICE of Appearance by Craig S. Coleman on behalf of ASPHALT MATERIALS, INC., BITUMINOUS MATERIALS AND SUPPLY, L.P., EMULSICOAT, INC., HERITAGE ENVIRONMENTAL SERVICES, LLC, HERITAGE GROUP, HERITAGE TRANSPORT, LLC, LAKETON REFINING CORPORATION, PIZO OPERATING COMPANY, LLC, RINECO CHEMICAL INDUSTRIES, LLC (Coleman, Craig)
June 1, 2021 Opinion or Order Filing 653 NOTICE of Appearance by George T. Caplan on behalf of ASPHALT MATERIALS, INC., BITUMINOUS MATERIALS AND SUPPLY, L.P., EMULSICOAT, INC., HERITAGE ENVIRONMENTAL SERVICES, LLC, HERITAGE GROUP, HERITAGE TRANSPORT, LLC, LAKETON REFINING CORPORATION, PIZO OPERATING COMPANY, LLC, RINECO CHEMICAL INDUSTRIES, LLC (Caplan, George)
June 1, 2021 Opinion or Order Filing 652 NOTICE of Appearance by Jonathan W. Dettmann on behalf of ASPHALT MATERIALS, INC., BITUMINOUS MATERIALS AND SUPPLY, L.P., EMULSICOAT, INC., HERITAGE ENVIRONMENTAL SERVICES, LLC, HERITAGE GROUP, HERITAGE TRANSPORT, LLC, LAKETON REFINING CORPORATION, PIZO OPERATING COMPANY, LLC, RINECO CHEMICAL INDUSTRIES, LLC (Dettmann, Jonathan)
June 1, 2021 Opinion or Order Filing 651 NOTICE of Appearance by Kristopher S. Davis on behalf of ASPHALT MATERIALS, INC., BITUMINOUS MATERIALS AND SUPPLY, L.P., EMULSICOAT, INC., HERITAGE ENVIRONMENTAL SERVICES, LLC, HERITAGE GROUP, HERITAGE TRANSPORT, LLC, LAKETON REFINING CORPORATION, PIZO OPERATING COMPANY, LLC, RINECO CHEMICAL INDUSTRIES, LLC (Davis, Kristopher)
June 1, 2021 Opinion or Order Filing 650 ANSWER to Complaint with Jury Demand [The Heritage Group] by BNSF RAILWAY COMPANY.(Stein, Linda)
June 1, 2021 Opinion or Order MINUTE ORDER (paperless) DISMISSING Brady McCasland, Inc. v. BNSF Railway Co., No. 20-cv-535 (BAH), without prejudice, pursuant to the parties' #649 Stipulation of Voluntary Dismissal and Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Signed by Chief Judge Beryl A. Howell on June 1, 2021. (lcbah3)
May 28, 2021 Opinion or Order Filing 649 STIPULATION of Dismissal Pursuant to Rule 41(a)(1)(A)(ii) by BRADY MCCASLAND, INC.. (Attachments: #1 Exhibit Text of Proposed Order)(Helms, David)
May 27, 2021 Opinion or Order Filing 648 ANSWER to #647 Amended Complaint (Suzuki Motor of America, Inc.) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
May 24, 2021 Opinion or Order Filing 647 AMENDED COMPLAINT against BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY with Jury Demand filed by SUZUKI MOTOR OF AMERICA, INC., SUZUKI MOTOR USA, LLC.(eg)
May 24, 2021 Opinion or Order Filing 646 ANSWER to Complaint with Jury Demand [CRH Americas, Inc.] by BNSF RAILWAY COMPANY.(Stein, Linda)
May 24, 2021 Opinion or Order Filing 645 ANSWER to Complaint with Jury Demand (CRH Americas, Inc. et al. v. CSX Transportation, Inc. et al., No. 1:21-cv-00768) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
May 24, 2021 Opinion or Order Filing 644 ANSWER to Complaint with Jury Demand CRH Americas, Inc. et al. by NORFOLK SOUTHERN RAILWAY COMPANY.(Wray, Ron)
May 24, 2021 Opinion or Order Filing 643 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (CRH Americas, Inc. et al. v. CSX Transportation, Inc. et al., No. 1:21-cv-00768) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
May 24, 2021 Opinion or Order Filing 642 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
May 24, 2021 Opinion or Order Filing 641 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
May 24, 2021 Opinion or Order Filing 640 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
May 24, 2021 Opinion or Order Filing 639 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
May 24, 2021 Opinion or Order Filing 638 ANSWER to Complaint with Jury Demand (CRH Americas, Inc. et al.) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
May 24, 2021 Opinion or Order Filing 637 NOTICE of Appearance by Kelsey Bryan on behalf of UNION PACIFIC RAILROAD COMPANY (Bryan, Kelsey)
May 24, 2021 Opinion or Order Filing 636 NOTICE of Appearance by John M. Majoras on behalf of UNION PACIFIC RAILROAD COMPANY (Majoras, John)
May 24, 2021 Opinion or Order Filing 635 NOTICE of Appearance by Tyrone R. Childress on behalf of UNION PACIFIC RAILROAD COMPANY (Childress, Tyrone)
May 24, 2021 Opinion or Order MINUTE ORDER (paperless) GRANTING the plaintiff's #634 Motion to Amend Complaint with the Consent of All Parties and DIRECTING the Clerk to amend the docket to add Suzuki Motor USA, LLC as a plaintiff in this action and to docket the plaintiff's Amended Complaint, attached as Exhibit 2 to the plaintiffs motion. Signed by Chief Judge Beryl A. Howell on May 24, 2021. (lcbah3)
May 21, 2021 Opinion or Order Filing 634 MOTION to Amend/Correct Complaint by SUZUKI MOTOR OF AMERICA, INC.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 2, #3 Exhibit 3)(Gosselin, Sathya)
May 17, 2021 Opinion or Order Filing 633 ANSWER to Complaint with Jury Demand [Mitsui O.S.K. Lines] by BNSF RAILWAY COMPANY.(Stein, Linda)
May 12, 2021 Opinion or Order Filing 631 MEMORANDUM OPINION regarding the plaintiffs' #543 Motion to Compel and the defendants' #561 Motion for Reconsideration. Signed by Chief Judge Beryl A. Howell on May 12, 2021. (lcbah3)
May 12, 2021 Opinion or Order Filing 630 ORDER GRANTING IN PART AND DENYING IN PART the plaintiffs' #543 Motion to Compel and DENYING the defendants' #561 Motion for Reconsideration. See Order for further details. Signed by Chief Judge Beryl A. Howell on May 12, 2021. (lcbah3)
May 11, 2021 Opinion or Order Filing 629 ANSWER to Complaint with Jury Demand (Louisiana-Pacific Corporation v. CSX Transportation, Inc., et al., No. 1:21-cv-00616-BAH) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
May 11, 2021 Opinion or Order Filing 628 ANSWER to Complaint with Jury Demand [Louisiana-Pacific Corporation] by BNSF RAILWAY COMPANY.(Stein, Linda)
May 11, 2021 Opinion or Order Filing 627 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Louisiana-Pacific Corporation v. CSX Transportation, Inc., et al., No. 1:21-cv-00616-BAH) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
May 11, 2021 Opinion or Order Filing 626 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
May 11, 2021 Opinion or Order Filing 625 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
May 11, 2021 Opinion or Order Filing 624 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
May 11, 2021 Opinion or Order Filing 623 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
May 11, 2021 Opinion or Order Filing 622 ANSWER to Complaint with Jury Demand (Louisiana-Pacific Corporation) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
May 11, 2021 Opinion or Order Filing 621 ANSWER to Complaint with Jury Demand Louisiana Pacific v. CSX et al. by UNION PACIFIC RAILROAD COMPANY.(Collette, Matthew)
May 10, 2021 Opinion or Order Filing 632 CONDITIONAL TRANSFER ORDER (CTO-16) dated 5/10/2021 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407.(MDL 2925) (ztnr)
May 10, 2021 Opinion or Order Filing 620 TRANSCRIPT OF PROCEEDINGS, Hearing before Chief Judge Beryl A. Howell, held on 05-06-2021; Page Numbers: 1 - 103. Date of Issuance: 05-10-2021. Court Reporter: Elizabeth SaintLoth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter re ferenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/31/2021. Redacted Transcript Deadline set for 6/10/2021. Release of Transcript Restriction set for 8/8/2021.(Saint-Loth, Elizabeth)
May 6, 2021 Opinion or Order MINUTE ORDER (paperless), upon consideration of the parties' #617 Joint Status Report and the status conference held on May 6, 2021, see Min. Entry (May 6, 2021), DIRECTING the parties to submit, by June 14, 2021, a joint status report regarding proposed dates for submission of the next joint status report and status conference. Signed by Chief Judge Beryl A. Howell on May 6, 2021. (lcbah3)
May 6, 2021 Opinion or Order Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Status Conference held on 5/6/2021. An order will be issued by the Court. (Court Reporter Elizabeth Saint-Loth.) (ztg)
May 6, 2021 Opinion or Order Set/Reset Deadlines: Joint Status Report due by 6/14/2021. (ztg)
April 23, 2021 Opinion or Order Filing 619 REPLY to opposition to motion re #561 MOTION for Reconsideration re #358 Memorandum & Opinion, (Defendants' Motion to Reconsider and In Opposition to Plaintiffs' Motion to Compel) filed by NORFOLK SOUTHERN RAILWAY COMPANY. (Attachments: #1 Exhibit 1)(Reinhart, Tara)
April 23, 2021 Opinion or Order Filing 618 ORDER re Production of Waybill Data from Surface Transportation Board. Signed by Chief Judge Beryl A. Howell on April 23, 2021. (lcbah3)
April 23, 2021 Opinion or Order MINUTE ORDER (paperless) GRANTING the plaintiffs' #616 Unopposed Motion for Order Authorizing Production of Waybill Data from Surface Transportation Board. Signed by Chief Judge Beryl A. Howell on April 23, 2021. (lcbah3)
April 22, 2021 Opinion or Order Filing 617 Joint STATUS REPORT by UNION PACIFIC RAILROAD COMPANY. (Attachments: #1 Exhibit Defendants' Separate Statement Exhibits)(Childress, Tyrone)
April 22, 2021 Opinion or Order Filing 616 Unopposed MOTION for Order Authorizing Production of Waybill Data from Surface Transportation Board by GEORGIA POWER COMPANY, MISSISSIPPI POWER COMPANY, NORTHERN INDIANA PUBLIC SERVICE COMPANY LLC, UNION ELECTRIC COMPANY, ALABAMA POWER COMPANY, AMEREN DEVELOPMENT COMPANY. (Attachments: #1 Text of Proposed Order)(Wilson, David)
April 20, 2021 Opinion or Order Filing 615 SEALED DOCUMENT filed by BEL-RAY COMPANY, LLC, CALUMET BRANDED PRODUCTS, LLC, CALUMET COTTON VALLEY REFINING, LLC, CALUMET DICKINSON REFINING, LLC, CALUMET KARNS CITY REFINING, LLC, CALUMET MONTANA REFINING, LLC, CALUMET OPERATING, LLC, CALUMET PRINCETON REFINING, LLC, CALUMET REFINING, LLC, CALUMET SPECIALTY PRODUCTS PARTNERS, L.P., CF INDUSTRIES, INC., DAIRYLAND POWER COOPERATIVE, DYNO NOBEL, INC., ENTERGY ARKANSAS, LLC, ENTERGY LOUISIANA, LLC, EXELON GENERATION COMPANY, LLC, KURLIN COMPANY, LLC, NORFALCO LLC, NORFALCO SALES, NORTH STAR BLUESCOPE STEEL LLC, STEELSCAPE, LLC, WISCONSIN ELECTRIC POWER COMPANY, AK STEEL CORPORATION re #612 Memorandum in Opposition,,, #613 Reply to opposition to Motion,,, (This document is SEALED and only available to authorized persons.)(Atkins, Alden)
April 20, 2021 Opinion or Order Filing 614 NOTICE OF FILING UNDER SEAL by BEL-RAY COMPANY, LLC, CALUMET BRANDED PRODUCTS, LLC, CALUMET COTTON VALLEY REFINING, LLC, CALUMET DICKINSON REFINING, LLC, CALUMET KARNS CITY REFINING, LLC, CALUMET MONTANA REFINING, LLC, CALUMET OPERATING, LLC, CALUMET PRINCETON REFINING, LLC, CALUMET REFINING, LLC, CALUMET SPECIALTY PRODUCTS PARTNERS, L.P., CF INDUSTRIES, INC., DAIRYLAND POWER COOPERATIVE, DYNO NOBEL, INC., ENTERGY ARKANSAS, LLC, ENTERGY LOUISIANA, LLC, EXELON GENERATION COMPANY, LLC, KURLIN COMPANY, LLC, NORFALCO LLC, NORFALCO SALES, NORTH STAR BLUESCOPE STEEL LLC, STEELSCAPE, LLC, WISCONSIN ELECTRIC POWER COMPANY, AK STEEL CORPORATION re #612 Memorandum in Opposition,,, #613 Reply to opposition to Motion,,, (Atkins, Alden)
April 20, 2021 Opinion or Order Filing 613 REPLY to opposition to motion re #543 MOTION to Compel filed by BEL-RAY COMPANY, LLC, CALUMET BRANDED PRODUCTS, LLC, CALUMET COTTON VALLEY REFINING, LLC, CALUMET DICKINSON REFINING, LLC, CALUMET KARNS CITY REFINING, LLC, CALUMET MONTANA REFINING, LLC, CALUMET OPERATING, LLC, CALUMET PRINCETON REFINING, LLC, CALUMET REFINING, LLC, CALUMET SPECIALTY PRODUCTS PARTNERS, L.P., CF INDUSTRIES, INC., DAIRYLAND POWER COOPERATIVE, DYNO NOBEL, INC., ENTERGY ARKANSAS, LLC, ENTERGY LOUISIANA, LLC, EXELON GENERATION COMPANY, LLC, KURLIN COMPANY, LLC, NORFALCO LLC, NORFALCO SALES, NORTH STAR BLUESCOPE STEEL LLC, STEELSCAPE, LLC, WISCONSIN ELECTRIC POWER COMPANY, AK STEEL CORPORATION. (Attachments: #1 Text of Proposed Order, #2 Declaration of Daniel M. Jaffe, #3 Exhibit 12 and Exhibit 13)(Atkins, Alden)
April 20, 2021 Opinion or Order Filing 612 Memorandum in opposition to re #561 MOTION for Reconsideration re #358 Memorandum & Opinion, (Defendants' Motion to Reconsider and In Opposition to Plaintiffs' Motion to Compel) filed by BEL-RAY COMPANY, LLC, CALUMET BRANDED PRODUCTS, LLC, CALUMET COTTON VALLEY REFINING, LLC, CALUMET DICKINSON REFINING, LLC, CALUMET KARNS CITY REFINING, LLC, CALUMET MONTANA REFINING, LLC, CALUMET OPERATING, LLC, CALUMET PRINCETON REFINING, LLC, CALUMET REFINING, LLC, CALUMET SPECIALTY PRODUCTS PARTNERS, L.P., CF INDUSTRIES, INC., DAIRYLAND POWER COOPERATIVE, DYNO NOBEL, INC., ENTERGY ARKANSAS, LLC, ENTERGY LOUISIANA, LLC, EXELON GENERATION COMPANY, LLC, KURLIN COMPANY, LLC, NORFALCO LLC, NORFALCO SALES, NORTH STAR BLUESCOPE STEEL LLC, STEELSCAPE, LLC, WISCONSIN ELECTRIC POWER COMPANY, AK STEEL CORPORATION. (Attachments: #1 Text of Proposed Order, #2 Declaration of Daniel M. Jaffe, #3 Exhibit 12 and Exhibit 13)(Atkins, Alden)
April 19, 2021 Opinion or Order Set/Reset Deadlines: Resubmission of stricken brief due by 5:00 PM on 4/20/2021; defendants reply in support of their Motion for Reconsideration due by 4/23/2021. (ztg)
April 16, 2021 Opinion or Order Filing 611 ANSWER to Complaint with Jury Demand (Answer to Plaintiffs Amended Complaint, Mitsui O.S.K. Lines, Ltd. v. CSX Transportation, Inc., et al., No. 1:20-cv-01003-BAH) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
April 16, 2021 Opinion or Order Filing 610 ANSWER to #573 Amended Complaint, [Peabody Investments] by BNSF RAILWAY COMPANY.(Stein, Linda)
April 16, 2021 Opinion or Order MINUTE ORDER (paperless) STRIKING the plaintiffs' #600 Reply Memorandum of Points and Authorities in Support of Their Motion to Compel; #601 Notice of Filing Under Seal; #602 Sealed Exhibits; and #603 Opposition to Defendants' Motion to Reconsider for failure to comply with the Court's Scheduling Order on briefing of the pending #543 Motion to Compel and #561 Motion for Reconsideration, which Order directed plaintiffs to file a single "combined reply in support of their motion to compel and opposition to defendants' cross-motion for reconsideration," Min. Order (Mar. 12, 2021). Plaintiffs are DIRECTED to resubmit, by 5:00 p.m. on Tuesday, April 20, 2021, either (1) one of the two stricken briefs or (2) a single combined reply in support of their Motion to Compel and opposition to defendants' Motion for Reconsideration, as previously ordered. In light of this delay resulting from plaintiffs' noncompliance with the Scheduling Order, the Scheduling Order is further MODIFIED to allow defendants an additional two days to submit their reply in support of their Motion for Reconsideration, which they are DIRECTED to submit by Friday, April 23, 2021. All parties are ADMONISHED that full compliance with the Court's orders is expected. Signed by Chief Judge Beryl A. Howell on April 16, 2021. (lcbah3)
April 15, 2021 Opinion or Order Filing 609 ANSWER to #572 Amended Complaint with Jury Demand by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
April 15, 2021 Opinion or Order Filing 608 ANSWER to Complaint with Jury Demand (Peabody Investments Corp.) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
April 15, 2021 Opinion or Order Filing 607 ANSWER to Complaint with Jury Demand (Mitsui O.S.K. Lines, Ltd) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
April 15, 2021 Opinion or Order Filing 606 ANSWER to Complaint with Jury Demand (Answer to Plaintiffs' Amended Complaint, Total Petrochemicals & Refining USA, Inc., et al. v. BNSF Railway Company., et al., No. 1:20-cv-00483-BAH) by BNSF RAILWAY COMPANY.(Pomerantz, Glenn)
April 15, 2021 Opinion or Order Filing 605 ANSWER to Complaint with Jury Demand Answer to Amended Complaint of Total Petrochemicals & Refining USA, Inc., et al. by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
April 15, 2021 Opinion or Order Filing 604 ANSWER to Complaint with Jury Demand (Answer to Plaintiffs' Amended Complaint, Total Petrochemicals & Refining USA, Inc., et al. v. BNSF Railway Company., et al., No. 1:20-cv-00483-BAH) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
April 14, 2021 Opinion or Order Filing 603 Memorandum in opposition to re #561 MOTION for Reconsideration re #358 Memorandum & Opinion, (Defendants' Motion to Reconsider and In Opposition to Plaintiffs' Motion to Compel) filed by CHAPARRAL (VIRGINIA) INC., CHAPARRAL STEEL COMPANY, CHAPARRAL STEEL MIDLOTHIAN, LP, DOW CHEMICAL COMPANY, GENON ENERGY MANAGEMENT, LLC, GENON POWER MIDWEST LP, GENON REMA, LLC, GERDAU AMERISTEEL CORPORATION, GERDAU AMERISTEEL PERTH AMBOY INC., GERDAU AMERISTEEL SAYREVILLE INC., GERDAU AMERISTEEL US INC., GERDAU MACSTEEL, INC., INTERNATIONAL PAPER COMPANY, SHEFFIELD STEEL CORPORATION, UMETCO MINERALS CORPORATION, UNION CARBIDE CORPORATION, AMERCHOL CORPORATION. (Attachments: #1 Text of Proposed Order)(Waldin, Benjamin)
April 14, 2021 Opinion or Order Filing 602 SEALED DOCUMENT filed by BEL-RAY COMPANY, LLC, CALUMET BRANDED PRODUCTS, LLC, CALUMET COTTON VALLEY REFINING, LLC, CALUMET DICKINSON REFINING, LLC, CALUMET KARNS CITY REFINING, LLC, CALUMET MONTANA REFINING, LLC, CALUMET OPERATING, LLC, CALUMET PRINCETON REFINING, LLC, CALUMET REFINING, LLC, CALUMET SPECIALTY PRODUCTS PARTNERS, L.P., CF INDUSTRIES, INC., DAIRYLAND POWER COOPERATIVE, DYNO NOBEL, INC., ENTERGY ARKANSAS, LLC, ENTERGY LOUISIANA, LLC, EXELON GENERATION COMPANY, LLC, KURLIN COMPANY, LLC, NORFALCO LLC, NORFALCO SALES, NORTH STAR BLUESCOPE STEEL LLC, STEELSCAPE, LLC, WISCONSIN ELECTRIC POWER COMPANY, AK STEEL CORPORATION re #600 Reply to opposition to Motion,,, (This document is SEALED and only available to authorized persons.)(Atkins, Alden)
April 14, 2021 Opinion or Order Filing 601 NOTICE of Filing Sealed Exhibits to the Declaration of Daniel M. Jaffe in Support of Reply in Support of Motion to Compel by BEL-RAY COMPANY, LLC, CALUMET BRANDED PRODUCTS, LLC, CALUMET COTTON VALLEY REFINING, LLC, CALUMET DICKINSON REFINING, LLC, CALUMET KARNS CITY REFINING, LLC, CALUMET MONTANA REFINING, LLC, CALUMET OPERATING, LLC, CALUMET PRINCETON REFINING, LLC, CALUMET REFINING, LLC, CALUMET SPECIALTY PRODUCTS PARTNERS, L.P., CF INDUSTRIES, INC., DAIRYLAND POWER COOPERATIVE, DYNO NOBEL, INC., ENTERGY ARKANSAS, LLC, ENTERGY LOUISIANA, LLC, EXELON GENERATION COMPANY, LLC, KURLIN COMPANY, LLC, NORFALCO LLC, NORFALCO SALES, NORTH STAR BLUESCOPE STEEL LLC, STEELSCAPE, LLC, WISCONSIN ELECTRIC POWER COMPANY, AK STEEL CORPORATION re #600 Reply to opposition to Motion,,, (Atkins, Alden)
April 14, 2021 Opinion or Order Filing 600 REPLY to opposition to motion re #543 MOTION to Compel Production of Post-2008 Transaction Data and Price Authorities filed by BEL-RAY COMPANY, LLC, CALUMET BRANDED PRODUCTS, LLC, CALUMET COTTON VALLEY REFINING, LLC, CALUMET DICKINSON REFINING, LLC, CALUMET KARNS CITY REFINING, LLC, CALUMET MONTANA REFINING, LLC, CALUMET OPERATING, LLC, CALUMET PRINCETON REFINING, LLC, CALUMET REFINING, LLC, CALUMET SPECIALTY PRODUCTS PARTNERS, L.P., CF INDUSTRIES, INC., DAIRYLAND POWER COOPERATIVE, DYNO NOBEL, INC., ENTERGY ARKANSAS, LLC, ENTERGY LOUISIANA, LLC, EXELON GENERATION COMPANY, LLC, KURLIN COMPANY, LLC, NORFALCO LLC, NORFALCO SALES, NORTH STAR BLUESCOPE STEEL LLC, STEELSCAPE, LLC, WISCONSIN ELECTRIC POWER COMPANY, AK STEEL CORPORATION. (Attachments: #1 Declaration of Daniel M. Jaffe, #2 Exhibit 12 & Exhibit 13)(Atkins, Alden)
April 14, 2021 Opinion or Order Filing 599 ANSWER to Complaint with Jury Demand (Total Petrochemicals & Refining USA, Inc.) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
April 13, 2021 Opinion or Order Filing 598 ANSWER to #573 Amended Complaint, by CSX TRANSPORTATION, INC..(Wells, David)
April 13, 2021 Opinion or Order Filing 597 ANSWER to #573 Amended Complaint, Peabody, et al. v CSXT, et al. by UNION PACIFIC RAILROAD COMPANY.(Collette, Matthew)
April 13, 2021 Opinion or Order Filing 596 NOTICE of Appearance by William Roberts on behalf of INGREDION INCORPORATED (Roberts, William)
April 13, 2021 Opinion or Order Filing 595 NOTICE of Appearance by Craig S. Coleman on behalf of INGREDION INCORPORATED (Coleman, Craig)
April 13, 2021 Opinion or Order Filing 594 NOTICE of Appearance by George T Caplan on behalf of INGREDION INCORPORATED (Caplan, George)
April 13, 2021 Opinion or Order Filing 593 NOTICE of Appearance by Kristopher S. Davis on behalf of INGREDION INCORPORATED (Davis, Kristopher)
April 13, 2021 Opinion or Order Filing 592 NOTICE of Appearance by Jonathan W. Dettmann on behalf of INGREDION INCORPORATED (Dettmann, Jonathan)
April 12, 2021 Opinion or Order Filing 591 ANSWER to Complaint with Jury Demand (The General Electric Company v. BNSF Railway Company, et al., No. 1:21-cv-00345) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
April 12, 2021 Opinion or Order Filing 590 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (The General Electric Company v. BNSF Railway Company, et al., No. 1:21-cv-00345) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
April 12, 2021 Opinion or Order Filing 589 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
April 12, 2021 Opinion or Order Filing 588 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
April 12, 2021 Opinion or Order Filing 587 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
April 12, 2021 Opinion or Order Filing 586 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
April 9, 2021 Opinion or Order Filing 585 ANSWER to Complaint with Jury Demand (Norfolk Southern Railway Company) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
April 9, 2021 Opinion or Order Filing 584 ANSWER to Complaint with Jury Demand (Ingredion Incorporated v. Union Pacific Railroad Company, et al., No. 1:21-cv-00913-BAH) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
April 9, 2021 Opinion or Order Filing 583 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Ingredion Incorporated v. Union Pacific Railroad Company, et al., No. 1:21-cv-00913-BAH) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
April 9, 2021 Opinion or Order Filing 582 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
April 9, 2021 Opinion or Order Filing 581 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
April 9, 2021 Opinion or Order Filing 580 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
April 9, 2021 Opinion or Order Filing 579 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
April 9, 2021 Opinion or Order Filing 578 ANSWER to Complaint with Jury Demand [Ingredion Incorporated] by BNSF RAILWAY COMPANY.(Stein, Linda)
April 9, 2021 Opinion or Order Filing 577 ANSWER to Complaint with Jury Demand (Ingredion Incorporated) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
April 9, 2021 Opinion or Order Filing 576 NOTICE of Appearance by Kelsey Bryan on behalf of UNION PACIFIC RAILROAD COMPANY (Bryan, Kelsey)
April 9, 2021 Opinion or Order Filing 575 NOTICE of Appearance by John M. Majoras on behalf of UNION PACIFIC RAILROAD COMPANY (Majoras, John)
April 9, 2021 Opinion or Order Filing 574 NOTICE of Appearance by Tyrone R. Childress on behalf of UNION PACIFIC RAILROAD COMPANY (Childress, Tyrone)
April 5, 2021 Opinion or Order Filing 571 NOTICE OF WITHDRAWAL OF APPEARANCE as to J.M. SMUCKER COMPANY. Attorney Brandon Boulware and Jeremy Suhr terminated. (Boulware, Brandon)
April 5, 2021 Opinion or Order Filing 570 NOTICE of Appearance by Viola Trebicka on behalf of J.M. SMUCKER COMPANY (Trebicka, Viola)
April 5, 2021 Opinion or Order Filing 569 NOTICE of Appearance by Sami H. Rashid on behalf of J.M. SMUCKER COMPANY (Rashid, Sami)
April 5, 2021 Opinion or Order Filing 568 NOTICE of Appearance by Stephen R. Neuwirth on behalf of J.M. SMUCKER COMPANY (Neuwirth, Stephen)
April 2, 2021 Opinion or Order Filing 573 AMENDED COMPLAINT against BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY with Jury Demand filed by COALSALES II, LLC, PEABODY COALSALES, LLC, PEABODY COALTRADE, LLC, PEABODY COULTERVILLE MINING, LLC, PEABODY ELECTRICITY, LLC, PEABODY ENERGY CORPORATION, PEABODY INVESTMENTS CORP., PEABODY MIDWEST MINING LLC, PEABODY NATURAL RESOURCES COMPANY, PEABODY POWDER RIVER MINING LLC, TWENTYMILE COAL, LLC.(zeg)
April 2, 2021 Opinion or Order Filing 572 AMENDED COMPLAINT against CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY with Jury Demand filed by MITSUI O.S.K. LINES, LTD., MOLAM LEGACY, INC..(eg)
April 2, 2021 Opinion or Order Filing 567 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ARKEMA INC. (Carlis, Adam)
April 2, 2021 Opinion or Order Filing 566 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ARRMAZ PRODUCTS INC. (Carlis, Adam)
April 2, 2021 Opinion or Order MINUTE ORDER (paperless) GRANTING plaintiff's #565 Motion to Amend Complaint with the Consent of All Parties and DIRECTING the Clerk to amend the docket to add MOLAM Legacy Inc. as a plaintiff in this action and to docket the plaintiff's Amended Complaint, attached as Exhibit 2 to the plaintiff's motion. Signed by Chief Judge Beryl A. Howell on April 2, 2021. (lcbah3)
April 2, 2021 Opinion or Order MINUTE ORDER (paperless) GRANTING plaintiffs' #564 Motion to Amend Complaint with the Consent of All Parties and DIRECTING the Clerk to amend the docket to add American Land Holdings of Illinois, LLC (including as successor-in-interest to any and all claims held by Central States Coal Reserves of Illinois, LLC), American Land Holdings of Indiana, LLC (including as successor-in-interest to any and all claims held by Central States Coal Reserves of Indiana, LLC), and Peabody Electricity, LLC (including as successor-in-interest to any and all claims held by Thoroughbred Generating Company, LLC and Thoroughbred Mining Company, LLC) as plaintiffs in this action and to docket the plaintiffs' Amended Complaint, attached as Exhibit 2 to the plaintiffs' motion. Signed by Chief Judge Beryl A. Howell on April 2, 2021. (lcbah3)
April 1, 2021 Opinion or Order Filing 565 MOTION to Amend/Correct Complaint with the Consent of All Parties by MITSUI O.S.K. LINES, LTD.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brown, Benjamin)
April 1, 2021 Opinion or Order Filing 564 MOTION to Amend/Correct Complaint by COALSALES II, LLC, PEABODY COALSALES, LLC, PEABODY COALTRADE, LLC, PEABODY COULTERVILLE MINING, LLC, PEABODY ELECTRICITY, LLC, PEABODY ENERGY CORPORATION, PEABODY INVESTMENTS CORP., PEABODY MIDWEST MINING LLC, PEABODY NATURAL RESOURCES COMPANY, PEABODY POWDER RIVER MINING LLC, TWENTYMILE COAL, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit 2, #3 Exhibit 3)(Gosselin, Sathya)
April 1, 2021 Opinion or Order Filing 563 CONDITIONAL TRANSFER ORDER (CTO-15) dated 4/1/2021 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407. (MDL 2925) (ztnr)
April 1, 2021 Opinion or Order MINUTE ORDER (paperless) GRANTING plaintiff's #560 Motion to Amend Complaint with the Consent of All Parties and DIRECTING the Clerk to amend the docket to add Arkema Inc. and ArrMaz Products Inc. as plaintiffs in this action and to docket the plaintiff's Amended Complaint, attached as Exhibit 2 to the plaintiff's motion. Signed by Chief Judge Beryl A. Howell on April 1, 2021. (lcbah3)
March 31, 2021 Opinion or Order Filing 562 Memorandum in opposition to re #543 MOTION to Compel (Defendants' Motion to Reconsider and in Opposition to Plaintiffs' Motion to Compel) filed by NORFOLK SOUTHERN RAILWAY COMPANY. (Attachments: #1 Memorandum of Law, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Text of Proposed Order)(Reinhart, Tara)
March 31, 2021 Opinion or Order Filing 561 MOTION for Reconsideration re #358 Memorandum & Opinion, (Defendants' Motion to Reconsider and In Opposition to Plaintiffs' Motion to Compel) by NORFOLK SOUTHERN RAILWAY COMPANY. (Attachments: #1 Memorandum of Law In Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Text of Proposed Order)(Reinhart, Tara)
March 31, 2021 Opinion or Order Filing 560 MOTION to Amend/Correct Complaint by TOTAL PETROCHEMICALS & REFINING USA, INC.. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit 2, #3 Exhibit 3)(Carlis, Adam)
March 29, 2021 Opinion or Order Filing 559 ANSWER to Complaint with Jury Demand [The General Electric Company] by BNSF RAILWAY COMPANY.(Stein, Linda)
March 29, 2021 Opinion or Order Filing 558 NOTICE of Appearance by Kristopher S. Davis on behalf of ASCEND PERFORMANCE MATERIALS OPERATIONS LLC, AMERICAN ZINC RECYCLING CORP. (Davis, Kristopher)
March 29, 2021 Opinion or Order Filing 557 TRANSCRIPT OF PROCEEDINGS, Hearing before Chief Judge Beryl A. Howell, held on 3-26-2021. Page Numbers: 1 - 88. Date of Issuance: 3-29-2021. Court Reporter: Elizabeth SaintLoth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter refere nced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/19/2021. Redacted Transcript Deadline set for 4/29/2021. Release of Transcript Restriction set for 6/27/2021.(Saint-Loth, Elizabeth)
March 26, 2021 Opinion or Order Filing 556 EMAIL from Luke P. van Houwelingen counsel for CSX TRANSPORTATION, INC. "Leve to file GRANTED" Signed by Chief Judge Beryl A. Howell, U.S.D.J. on 03/26/2021 (zjf)
March 26, 2021 Opinion or Order MINUTE ORDER (paperless) DENYING defendants' request, which was submitted by email to Chambers on March 18, 2021, pursuant to the #102 Scheduling Order, see id. at 3, for an order requiring plaintiffs to produce discovery on plaintiffs' payment of fuel surcharges to non-railroad freight transportation providers and non-defendant railroads from 2000-2008 and on plaintiffs' assessment of fuel surcharges on their own customers during the same period, for reasons explained orally at the hearing on March 26, 2021, except as plaintiffs are otherwise directed in this Order; and DIRECTING plaintiffs to produce the information responsive to defendants' request that they previously offered to provide during the parties' conferral process, namely, (1) information relating to plaintiffs' discussions with defendants about non-rail freight transportation; (2) information relating to plaintiffs' internal discussions of both rail and non-rail transportation fuel surcharges; (3) documents relating to non-rail transportation providers to the extent such documents are identified by the parties' agreed-upon custodians, using the parties' agreed-upon search terms; and (4) contracts with and relevant transactional data relating to non-defendant railroads, to the extent that a particular plaintiff is seeking damages under those non-defendant railroad contracts. Signed by Chief Judge Beryl A. Howell on March 26, 2021. (lcbah3)
March 26, 2021 Opinion or Order Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Discovery Dispute Hearing held via videoconference on 3/26/2021. Order forthcoming. (Court Reporter Elizabeth Saint-Loth.) (ztg)
March 25, 2021 Opinion or Order Filing 555 ANSWER to Complaint with Jury Demand General Electric Company by NORFOLK SOUTHERN RAILWAY COMPANY.(Wray, Ron)
March 24, 2021 Opinion or Order Filing 554 NOTICE of Appearance by Jennifer English on behalf of ARCONIC, INC., ATLANTIC GRANITE COMPANY, AXIALL CORP, AXIALL L L C, AZUSA ROCK LLC, BARDON, INC., BASF CATALYSTS LLC, BASF CORPORATION, BIRD INCORPORATED, BRUNNER ISLAND, LLC, CALIFORNIA STEEL INDUSTRIES, INC., CALMAT CO, CAMPBELL COMPANY OF CANADA, CAMPBELL FOODSERVICE COMPANY, CAMPBELL SOUP SUPPLY COMPANY L.L.C., CANADA IMPERIAL OIL LIMITED, CEMENT TRANSPORT, LTD, CERTAINTEED CANADA, INC., CERTAINTEED CEILINGS CORPORATION, CERTAINTEED GYPSUM & CEILING MANUFACTURING, INC., CERTAINTEED GYPSUM AND CEILINGS USA, INC., CERTAINTEED GYPSUM MANUFACTURING, INC., CERTAINTEED GYPSUM NC, INC., CERTAINTEED GYPSUM WEST VIRGINIA, INC., CERTAINTEED GYPSUM, INC., CERTAINTEED LLC, CHEM-MARINE CORPORATION OF SOUTH CAROLINA, COFFEYVILLE RESOURCES NITROGEN FERTILIZERS, LLC, COFFEYVILLE RESOURCES REFINING & MARKETING, LLC, COGNIS USA LLC, CONAGRA BRANDS, INC., CONEMAUGH FUELS, LLC, DEGS OF NARROWS, LLC, DMG EQUIPMENT COMPANY LLC, DOMINION ENERGY FUEL SERVICES, INC., DOMINION ENERGY SOUTH CAROLINA, INC., DUKE ENERGY CAROLINAS, LLC, DUKE ENERGY FLORIDA, LLC, DUKE ENERGY GENERATION SERVICES, INC., DUKE ENERGY INDIANA, LLC, DUKE ENERGY KENTUCKY, LLC, DUKE ENERGY OHIO, LLC, DUKE ENERGY PROGRESS, LLC, EAST DUBUQUE NITROGEN FERTILIZERS, LLC, EASTALCO ALUMINUM COMPANY, EASTMAN CHEMICAL COMPANY, EQUILON ENTERPRISES LLC, ETC SUNOCO HOLDINGS LLC, EXXON MOBIL CORPORATION, EXXONMOBIL GLOBAL SERVICES COMPANY, EXXONMOBIL OIL CORPORATION, FLORIDA ROCK INDUSTRIES, INC., FULTON CONCRETE COMPANY LLC, GEOCYCLE LLC, GRAIN CRAFT, INC., HARPER BROTHERS LLC, HOLCIM (US) INC., HYUNDAI MOTOR AMERICA, INC., IMPERIAL OIL, IMPERIAL OIL LIMITED, INTALCO ALUMINUM, LLC, IPSCO KOPPEL TUBULARS, L.L.C., IPSCO TUBULARS (KY), LLC, IPSCO TUBULARS INC., JOSEPH CAMPBELL COMPANY, KEYSTONE FUELS, LLC, KIA MOTORS AMERICA, INC, LAFARGE NORTH AMERICA, INC., LAFARGE PNW, INC., LATTIMORE MATERIALS CORP., LEGACY VULCAN LLC, MAERSK INC., MAERSK LINE UK LIMITED, MARTINS CREEK, LLC, MCCARTNEY CONSTRUCTION COMPANY INC, MERCEDES-BENZ USA, LLC, MONTOUR, LLC, MOTIVA ENTERPRISES, LLC, NLMK PENNSYLVANIA, LLC, NLMK USA, INC, NORMERICA INC., NORTHDOWN INDUSTRIES, INC., NOVA CHEMICALS (CANADA) LTD., NOVA CHEMICALS CORPORATION, NOVA CHEMICALS, INC., OLD WORLD INDUSTRIES, LLC, PCS NITROGEN, INC., PCS PHOSPHATE COMPANY, INC., PCS SALES (USA), INC., PENNZOIL-QUAKER STATE COMPANY, PHILLIPS 66 COMPANY, PROCAT TESTING LLC, PROGRESS FUELS, LLC, R C SMITH COMPANIES LLC, REYNOLDS METAL COMPANY, SAINT-GOBAIN CERAMICS & PLASTICS, INC., SHARON COATING, LLC, SHELL CHEMICAL LP, SHELL CHEMICALS CANADA, SHELL TRADING (US) COMPANY, SMURFIT-STONE CONTAINER CANADA INC, SOLUTIA INC., SOUTHEASTERN MILLS, INC., SUNOCO (R&M), LLC, SYSTECH ENVIRONMENTAL CORPORATION, TALEN ENERGY MARKETING, LLC, TALEN ENERGY SUPPLY, LLC, TALEN GENERATION, LLC, TALEN MONTANA, LLC, TAMINCO CORPORATION, TMK NSG, LLC, TRIANGLE ROCK PRODUCTS LLC, UNITED PARCEL SERVICE, INC., UPS GROUND FREIGHT, INC., VIRGINIA CONCRETE COMPANY LLC, VIRGINIA ELECTRIC AND POWER COMPANY, VULCAN AGGREGATES COMPANY LLC, VULCAN CONSTRUCTION MATERIALS LLC, VULCAN MATERIALS COMPANY, WESTLAKE LONGVIEW CORP, WESTLAKE MANAGEMENT SERVICES INC, WESTLAKE PETROCHEMICALS L L C, WESTLAKE POLYMERS L L C, WESTLAKE STYRENE L L C, WESTLAKE VINYLS CO L P, WESTLAKE VINYLS INC, WESTROCK COATED BOARD, LLC, WESTROCK COMPANY, WESTROCK CONTAINER, LLC, WESTROCK CONVERTING, LLC, WESTROCK CP, LLC, WESTROCK KRAFT PAPER, LLC, WESTROCK LONGVIEW, LLC, WESTROCK MILL COMPANY, LLC, WESTROCK MINNESOTA CORPORATION, WESTROCK NORTHWEST, LLC, WESTROCK SOUTHEAST, LLC, WESTROCK TEXAS, L.P., WESTROCK VIRGINIA, LLC, WESTROCK-SOLVAY, LLC, WHITE SPRINGS AGRICULTURAL CHEMICALS, INC., WPT L L C, WYNNEWOOD REFINING COMPANY, LLC, AGGREGATE INDUSTRIES - MWR, INC., AGGREGATE INDUSTRIES - SWR, INC., AGGREGATE INDUSTRIES MANAGEMENT, INC., AGGREGATE INDUSTRIES NORTHEAST REGION, INC., AGGREGATES USA (MACON) LLC, AGGREGATES USA (SAVANNAH) LLC, AGGREGATES USA (SPARTA) LLC, AGGREGATES USA, LLC, AGRIUM (U.S.), INC., ALCOA CORPORATION, ALCOA FUELS, INC., ALCOA POWER GENERATING, INC., ALCOA WORLD ALUMINA, LLC, ALUMAX MILL PRODUCTS, INC., AMALGAMATED SUGAR COMPANY, LLC, AMERICAN ROCK SALT COMPANY LLC (English, Jennifer)
March 23, 2021 Opinion or Order Filing 553 NOTICE of Appearance by Dennis John Lynch on behalf of ANHEUSER-BUSCH COMPANIES LLC, ANHEUSER-BUSCH, LLC (Lynch, Dennis)
March 23, 2021 Opinion or Order Filing 552 NOTICE of Appearance by William Roberts on behalf of ASCEND PERFORMANCE MATERIALS OPERATIONS LLC, AMERICAN ZINC RECYCLING CORP. (Roberts, William)
March 23, 2021 Opinion or Order Filing 551 NOTICE of Appearance by Craig S. Coleman on behalf of ASCEND PERFORMANCE MATERIALS OPERATIONS LLC, AMERICAN ZINC RECYCLING CORP. (Coleman, Craig)
March 23, 2021 Opinion or Order Filing 550 NOTICE of Appearance by George T Caplan on behalf of ASCEND PERFORMANCE MATERIALS OPERATIONS LLC, AMERICAN ZINC RECYCLING CORP. (Caplan, George)
March 23, 2021 Opinion or Order Filing 549 NOTICE of Appearance by Kristopher S. Davis on behalf of ASCEND PERFORMANCE MATERIALS OPERATIONS LLC, AMERICAN ZINC RECYCLING CORP. (Davis, Kristopher)
March 22, 2021 Opinion or Order NOTICE of Hearing: The parties shall take notice that a Discovery Hearing is scheduled for 3/26/2021, at 10:30 AM via videoconference before Chief Judge Beryl A. Howell. A videoconference link will be provided by the deputy clerk. (ztg)
March 19, 2021 Opinion or Order Filing 548 NOTICE of Appearance by Jonathan W. Dettmann on behalf of ASCEND PERFORMANCE MATERIALS OPERATIONS LLC, AMERICAN ZINC RECYCLING CORP. (Dettmann, Jonathan)
March 19, 2021 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: re #546 Notice of Appearance was entered in error and counsel was instructed to refile said pleading. Attorney entering appearance must match login/password. (eg)
March 18, 2021 Opinion or Order Filing 547 NOTICE OF WITHDRAWAL OF APPEARANCE as to ANHEUSER-BUSCH COMPANIES LLC, ANHEUSER-BUSCH, LLC. Attorney Jeremy Suhr; Brian Douglas Wallach; Brandon Boulware and Gregory W. Langsdale terminated. (Wallach, Brian)
March 18, 2021 Opinion or Order Filing 546 ENTERED IN ERROR.....NOTICE of Appearance by David C. Eddy on behalf of ANHEUSER-BUSCH COMPANIES LLC, ANHEUSER-BUSCH, LLC (Eddy, David) Modified on 3/19/2021 (eg).
March 18, 2021 Opinion or Order Filing 545 NOTICE of Appearance by David C. Eddy on behalf of ANHEUSER-BUSCH COMPANIES LLC, ANHEUSER-BUSCH, LLC (Eddy, David)
March 18, 2021 Opinion or Order Filing 544 NOTICE of Appearance by Travis C Wheeler on behalf of ANHEUSER-BUSCH COMPANIES LLC, ANHEUSER-BUSCH, LLC (Wheeler, Travis)
March 17, 2021 Opinion or Order Filing 543 MOTION to Compel by BEL-RAY COMPANY, LLC, CALUMET BRANDED PRODUCTS, LLC, CALUMET COTTON VALLEY REFINING, LLC, CALUMET DICKINSON REFINING, LLC, CALUMET KARNS CITY REFINING, LLC, CALUMET MONTANA REFINING, LLC, CALUMET OPERATING, LLC, CALUMET PRINCETON REFINING, LLC, CALUMET REFINING, LLC, CALUMET SPECIALTY PRODUCTS PARTNERS, L.P., CF INDUSTRIES, INC., DAIRYLAND POWER COOPERATIVE, DYNO NOBEL, INC., ENTERGY ARKANSAS, LLC, ENTERGY LOUISIANA, LLC, EXELON GENERATION COMPANY, LLC, KURLIN COMPANY, LLC, NORFALCO LLC, NORFALCO SALES, NORTH STAR BLUESCOPE STEEL LLC, STEELSCAPE, LLC, WISCONSIN ELECTRIC POWER COMPANY, AK STEEL CORPORATION. (Attachments: #1 Text of Proposed Order, #2 Declaration of Daniel M. Jaffe, #3 Exhibit 1-11 to the Jaffe Declaration, #4 Exhibit A to the Memorandum in Support)(Atkins, Alden)
March 15, 2021 Opinion or Order Set/Reset Deadlines: Plaintiffs' motion to compel due by 3/17/2021. (ztg)
March 12, 2021 Opinion or Order MINUTE ORDER (paperless) GRANTING the parties' #542 Motion for Stipulated Briefing Schedule and ISSUING the following Scheduling Order: (1) by March 17, 2021, plaintiffs shall file their motion to compel; (2) within 14 days of receipt of plaintiffs' motion to compel, defendants shall submit their combined opposition to plaintiffs' motion to compel and cross-motion for reconsideration; (3) within 14 days of receipt of defendants' combined opposition and cross-motion, plaintiffs shall submit their combined reply in support of their motion to compel and opposition to defendants' cross-motion for reconsideration; and (4) within 7 days of receipt of plaintiffs' combined reply and opposition, defendants shall submit their reply in support of their cross-motion for reconsideration. Signed by Chief Judge Beryl A. Howell on March 12, 2021. (lcbah3)
March 11, 2021 Opinion or Order Filing 542 Joint MOTION FOR STIPULATED BRIEFING SCHEDULE by BEL-RAY COMPANY, LLC, CALUMET BRANDED PRODUCTS, LLC, CALUMET COTTON VALLEY REFINING, LLC, CALUMET DICKINSON REFINING, LLC, CALUMET KARNS CITY REFINING, LLC, CALUMET MONTANA REFINING, LLC, CALUMET OPERATING, LLC, CALUMET PRINCETON REFINING, LLC, CALUMET REFINING, LLC, CALUMET SPECIALTY PRODUCTS PARTNERS, L.P., CF INDUSTRIES, INC., DAIRYLAND POWER COOPERATIVE, DYNO NOBEL, INC., ENTERGY ARKANSAS, LLC, ENTERGY LOUISIANA, LLC, EXELON GENERATION COMPANY, LLC, KURLIN COMPANY, LLC, NORFALCO LLC, NORFALCO SALES, NORTH STAR BLUESCOPE STEEL LLC, STEELSCAPE, LLC, WISCONSIN ELECTRIC POWER COMPANY, AK STEEL CORPORATION. (Attachments: #1 Text of Proposed Order)(Atkins, Alden)
February 26, 2021 Opinion or Order Filing 541 NOTICE OF WITHDRAWAL OF APPEARANCE as to BOISE CASCADE COMPANY, CONSOL ENERGY INC., CROWLEY MARITIME CORPORATION, GRAND RIVER DAM AUTHORITY, J. R. SIMPLOT COMPANY, LANSING BOARD OF WATER AND LIGHT, LOTTE GLOBAL LOGISTICS (NORTH AMERICA), INC., LYONDELL CHEMICAL COMPANY, LYONDELLBASELL ADVANCED POLYMERS INC., MILLERCOORS, LLC, PEABODY INVESTMENTS CORP., ROSEBURG FOREST PRODUCTS CO., SIMS GROUP USA HOLDINGS CORPORATION, SUZUKI MOTOR OF AMERICA, INC., TMS INTERNATIONAL, LLC, TOTAL PETROCHEMICALS & REFINING USA, INC., TRAMMO, INC., TROPICANA PRODUCTS, INC., U.S. SILICA COMPANY. Attorney Catriona Lavery terminated. (Lavery, Catriona)
February 16, 2021 Opinion or Order Filing 540 ANSWER to Complaint with Jury Demand (Ascend Performance Materials Operations LLC v. Union Pacific Railroad Company, et al., No. 1:21-cv-00355-BAH) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
February 16, 2021 Opinion or Order Filing 539 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Ascend Performance Materials Operations LLC v. Union Pacific Railroad Company, et al., No. 1:21-cv-00355-BAH) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
February 16, 2021 Opinion or Order Filing 538 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
February 16, 2021 Opinion or Order Filing 537 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
February 16, 2021 Opinion or Order Filing 536 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
February 16, 2021 Opinion or Order Filing 535 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
February 16, 2021 Opinion or Order Filing 534 ANSWER to Complaint with Jury Demand (American Zinc Recycling Corp. v. Union Pacific Railroad Company, et al., No. 1:21-cv-00349-BAH) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
February 16, 2021 Opinion or Order Filing 533 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (American Zinc Recycling Corp. v. Union Pacific Railroad Company, et al., No. 1:21-cv-00349-BAH) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
February 16, 2021 Opinion or Order Filing 532 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
February 16, 2021 Opinion or Order Filing 531 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
February 16, 2021 Opinion or Order Filing 530 ANSWER to Complaint with Jury Demand (American Zinc Recycling Corp) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
February 16, 2021 Opinion or Order Filing 529 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
February 16, 2021 Opinion or Order Filing 528 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
February 16, 2021 Opinion or Order Filing 527 ANSWER to Complaint with Jury Demand (Answer to Plaintiffs Second Amended Complaint, WestRock Company, et al. v. BNSF Railway Company, et al., No. 1:20-cv-00482-BAH) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
February 16, 2021 Opinion or Order Filing 526 ANSWER to #514 Amended Complaint, (WestRock Company) by BNSF RAILWAY COMPANY.(Stein, Linda)
February 16, 2021 Opinion or Order Filing 525 ANSWER to Complaint with Jury Demand (WestRock Company, et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
February 16, 2021 Opinion or Order Filing 524 ANSWER to Complaint with Jury Demand (Ascend Performance Materials Operations, LLC et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
February 16, 2021 Opinion or Order Filing 523 ANSWER to Complaint with Jury Demand General Electric Company by UNION PACIFIC RAILROAD COMPANY.(Collette, Matthew)
February 16, 2021 Opinion or Order Filing 522 ANSWER to Complaint with Jury Demand Ascend Performance Materials Operations by UNION PACIFIC RAILROAD COMPANY.(Collette, Matthew)
February 16, 2021 Opinion or Order Filing 521 ANSWER to Complaint with Jury Demand American Zinc Recycling Corp. by UNION PACIFIC RAILROAD COMPANY.(Collette, Matthew)
February 16, 2021 Opinion or Order Filing 520 ANSWER to #514 Amended Complaint, with Jury Demand by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
February 16, 2021 Opinion or Order Filing 519 ANSWER to Complaint with Jury Demand (Ascend Performance Materials Operations LLC) by BNSF RAILWAY COMPANY.(Stein, Linda)
February 16, 2021 Opinion or Order Filing 518 ANSWER to Complaint with Jury Demand (American Zinc Recycling Corp.) by BNSF RAILWAY COMPANY.(Stein, Linda)
February 8, 2021 Opinion or Order Filing 517 NOTICE of Appearance by Douglas A. Millen on behalf of BOTTLING GROUP, LLC, CENTRAL TRANSPORT INTERNATIONAL, INC., CENTRAL TRANSPORT, INC., FRITO-LAY, INC., LOGISTICS INSIGHT CORP., METAL MANAGEMENT INDIANA, INC., METAL MANAGEMENT MEMPHIS, LLC, METAL MANAGEMENT MIDWEST, INC., METAL MANAGEMENT NORTHEAST, INC., METAL MANAGEMENT OHIO, INC., METAL MANAGEMENT PITTSBURGH, INC., METAL MANAGEMENT, INC., MILLERCOORS, LLC, NEWELL RECYCLING SOUTHEAST, LLC, SCHIABO LAROVO CORPORATION, SIMS GROUP USA CORPORATION, SIMS GROUP USA HOLDINGS CORPORATION, SIMS SOUTHWEST CORPORATION, SIMSMETAL EAST LLC, SIMSMETAL WEST LLC, SMM NEW ENGLAND CORPORATION, SMM SOUTH CORPORATION, SMM SOUTHEAST LLC, SUZUKI MOTOR OF AMERICA, INC., TRANSPORT COMMUNICATIONS SYSTEMS II, L.L.C., TROPICANA PRODUCTS, INC. (Millen, Douglas)
February 8, 2021 Opinion or Order Filing 516 TRANSCRIPT OF PROCEEDINGS, before Chief Judge Beryl A. Howell, held on 2-04-2021. Page Numbers: 1 - 53. Date of Issuance: 2-08-2021. Court Reporter: Elizabeth Saint-Loth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced ab ove. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/1/2021. Redacted Transcript Deadline set for 3/11/2021. Release of Transcript Restriction set for 5/9/2021.(Saint-Loth, Elizabeth)
February 8, 2021 Opinion or Order Filing 515 CONDITIONAL TRANSFER ORDER (CTO-14) dated 2/8/2021 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407. (MDL 2925) (ztnr)
February 4, 2021 Opinion or Order Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Status Conference held via videoconference on 2/4/2021. The parties will meet and confer and submit a proposed briefing schedule regarding the discovery dispute, if necessary. The next joint status report will be due on or before April 22, 2021; a Status Hearing, if one is necessary after the filing of the joint status report, is scheduled for May 6, 2021, at 10:00 AM before Chief Judge Beryl A. Howell; if the May hearing does not take place, the next Status Hearing is scheduled for August 6, 2021, at 10:00 AM before Chief Judge Beryl A. Howell. (Court Reporter Elizabeth Saint-Loth.) (ztg)
February 1, 2021 Opinion or Order Filing 514 SECOND AMENDED COMPLAINT against All Defendants with Jury Demand filed by SMURFIT-STONE CONTAINER CANADA INC, WESTROCK COATED BOARD, LLC, WESTROCK COMPANY, WESTROCK CONTAINER, LLC, WESTROCK CONVERTING, LLC, WESTROCK CP, LLC, WESTROCK KRAFT PAPER, LLC, WESTROCK LONGVIEW, LLC, WESTROCK MILL COMPANY, LLC, WESTROCK MINNESOTA CORPORATION, WESTROCK NORTHWEST, LLC, WESTROCK SOUTHEAST, LLC, WESTROCK TEXAS, L.P., WESTROCK VIRGINIA, LLC, WESTROCK-SOLVAY, LLC.(zeg)
February 1, 2021 Opinion or Order MINUTE ORDER (paperless) GRANTING the plaintiffs' consent #513 Motion to Amend First Amended Complaint and DIRECTING the Clerk to amend the docket to remove WestRock Rex, LLC as a plaintiff in this action and add WestRock Converting, LLC as a plaintiff in this action, and to docket the plaintiffs' Second Amended Complaint, attached as Exhibit 2 to the plaintiffs' motion. Signed by Chief Judge Beryl A. Howell on February 1, 2021. (lcbah3)
January 29, 2021 Opinion or Order Filing 513 MOTION to Amend/Correct #328 Amended Complaint, First Amended Complaint by SMURFIT-STONE CONTAINER CANADA INC, WESTROCK COATED BOARD, LLC, WESTROCK COMPANY, WESTROCK CONTAINER, LLC, WESTROCK CP, LLC, WESTROCK KRAFT PAPER, LLC, WESTROCK LONGVIEW, LLC, WESTROCK MILL COMPANY, LLC, WESTROCK MINNESOTA CORPORATION, WESTROCK NORTHWEST, LLC, WESTROCK SOUTHEAST, LLC, WESTROCK TEXAS, L.P., WESTROCK VIRGINIA, LLC, WESTROCK-REX, LLC, WESTROCK-SOLVAY, LLC. (Attachments: #1 Exhibit Proposed Order, #2 Exhibit Second Amended Complaint, #3 Exhibit Redline)(Neuwirth, Stephen)
January 25, 2021 Opinion or Order Filing 512 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Supplemental) by BASF CATALYSTS LLC, BASF CORPORATION, COGNIS USA LLC, PROCAT TESTING LLC (Neuwirth, Stephen)
January 22, 2021 Opinion or Order Filing 511 Joint STATUS REPORT of All Parties by BNSF RAILWAY COMPANY. (Conley, Anne)
January 20, 2021 Opinion or Order Filing 510 ANSWER to #496 Amended Complaint, by CSX TRANSPORTATION, INC..(Wells, David)
January 19, 2021 Opinion or Order Filing 509 ANSWER to #496 Amended Complaint, (Tropicana Products Inc., et al.) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
January 19, 2021 Opinion or Order Filing 508 ANSWER to Complaint with Jury Demand (Tropicana Products, Inc., et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
January 19, 2021 Opinion or Order Filing 507 ANSWER to Complaint with Jury Demand (Lyondell Chemical Company, et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
January 19, 2021 Opinion or Order Filing 506 ANSWER to Complaint with Jury Demand (Answer to Plaintiffs First Amended Complaint, Lyondell Chemical Company et al. v. BNSF Railway Co. et al., No. 1:20-cv-00524-BAH) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
January 19, 2021 Opinion or Order Filing 505 ANSWER to #496 Amended Complaint, (Tropicana Products) by BNSF RAILWAY COMPANY.(Stein, Linda)
January 19, 2021 Opinion or Order Filing 504 ANSWER to #495 Amended Complaint (Lyondell) by BNSF RAILWAY COMPANY.(Stein, Linda)
January 19, 2021 Opinion or Order Filing 503 ANSWER to #495 Amended Complaint (Lyondell Chemical Company, et al.) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
January 15, 2021 Opinion or Order Filing 502 NOTICE of Appearance by Anne Conley on behalf of BNSF RAILWAY COMPANY (Conley, Anne)
January 15, 2021 Opinion or Order Filing 501 NOTICE of Appearance by Esteban Martin Estrada on behalf of BNSF RAILWAY COMPANY (Estrada, Esteban)
January 15, 2021 Opinion or Order Filing 500 NOTICE of Appearance by Glenn D. Pomerantz on behalf of BNSF RAILWAY COMPANY (Pomerantz, Glenn)
January 15, 2021 Opinion or Order Filing 499 NOTICE of Appearance by Kuruvilla Joseph Olasa on behalf of BNSF RAILWAY COMPANY (Olasa, Kuruvilla)
January 15, 2021 Opinion or Order Filing 498 NOTICE of Appearance by Benjamin Joseph Horwich on behalf of BNSF RAILWAY COMPANY (Horwich, Benjamin)
January 15, 2021 Opinion or Order Filing 497 NOTICE of Appearance by Jacobus P. van der Ven on behalf of BNSF RAILWAY COMPANY (van der Ven, Jacobus)
January 7, 2021 Opinion or Order Filing 496 AMENDED COMPLAINT against BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY with Jury Demand filed by BOTTLING GROUP, LLC, FRITO-LAY, INC., QUAKER OATS COMPANY, TROPICANA PRODUCTS, INC..(eg)
January 7, 2021 Opinion or Order MINUTE ORDER (paperless) GRANTING plaintiffs' #494 Motion to Amend Complaint with the Consent of All Parties and DIRECTING the Clerk to amend the docket to add The Quaker Oats Company as a plaintiff in this action and to docket the plaintiffs' Amended Complaint, attached as Exhibit 2 to the plaintiffs' motion. Signed by Chief Judge Beryl A. Howell on January 7, 2021. (lcbah3)
January 6, 2021 Opinion or Order Filing 494 MOTION to Amend/Correct Complaint with the Consent of All Parties by THE QUAKER OATS COMPANY, TROPICANA PRODUCTS, INC., BOTTLING GROUP, LLC, FRITO-LAY, INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gosselin, Sathya)
January 5, 2021 Opinion or Order Filing 495 AMENDED COMPLAINT against All Defendants with Jury Demand filed by EQUISTAR CHEMICALS, LP, LYONDELL CHEMICAL COMPANY, LYONDELLBASELL ACETYLS, LLC, LYONDELLBASELL ADVANCED POLYMERS INC..(eg)
January 5, 2021 Opinion or Order MINUTE ORDER (paperless) GRANTING plaintiffs' #493 Motion to Amend Complaint with the Consent of All Parties and DIRECTING the Clerk to amend the docket to add LyondellBasell Advanced Polymers Inc. as a plaintiff in this action and to docket the plaintiffs' Amended Complaint, attached as Exhibit 2 to the plaintiffs' motion. Signed by Chief Judge Beryl A. Howell on January 5, 2021. (lcbah3)
January 4, 2021 Opinion or Order Filing 493 MOTION to Amend/Correct Complaint with the Consent of All Parties by EQUISTAR CHEMICALS, LP, LYONDELL CHEMICAL COMPANY, LYONDELLBASELL ACETYLS, LLC (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Wood, Matthew)
December 21, 2020 Opinion or Order Filing 492 ANSWER to Complaint with Jury Demand Andre M. Toffel, Trustee, on behalf of New Wei, Inc., et al. by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
December 21, 2020 Opinion or Order Filing 491 NOTICE of Appearance by Kelsey Bryan on behalf of UNION PACIFIC RAILROAD COMPANY (Bryan, Kelsey)
December 21, 2020 Opinion or Order Filing 490 NOTICE of Appearance by John M. Majoras on behalf of UNION PACIFIC RAILROAD COMPANY (Majoras, John)
December 21, 2020 Opinion or Order Filing 489 NOTICE of Appearance by Tyrone R. Childress on behalf of UNION PACIFIC RAILROAD COMPANY (Childress, Tyrone)
December 21, 2020 Opinion or Order Filing 488 ANSWER to Complaint with Jury Demand (ANDRE M. TOFFEL) by BNSF RAILWAY COMPANY.(Stein, Linda)
December 21, 2020 Opinion or Order Filing 487 ANSWER to Complaint with Jury Demand (ABF Freight Amended Complaint) by BNSF RAILWAY COMPANY.(Stein, Linda)
December 21, 2020 Opinion or Order Filing 486 ANSWER to Complaint with Jury Demand (American Honda Motor Company, Inc.) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
December 21, 2020 Opinion or Order Filing 485 ANSWER to Complaint with Jury Demand (ABF Freight System, Inc.) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
December 21, 2020 Opinion or Order Filing 484 ANSWER to Complaint with Jury Demand Andre M. Toffel, Trustee, on behalf of New Wei, Inc., et al. by NORFOLK SOUTHERN RAILWAY COMPANY.(Wray, Ron)
December 15, 2020 Opinion or Order Filing 483 ANSWER to Complaint with Jury Demand (High Level Management Ventures) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
December 15, 2020 Opinion or Order Filing 482 ANSWER to Complaint with Jury Demand (High Level Management Venturers' (f/k/a Interdom Partners) Amended Complaint) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
December 15, 2020 Opinion or Order Filing 481 ANSWER to Complaint with Jury Demand (American Honda Motor Co., Inc.) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
December 15, 2020 Opinion or Order Filing 480 ANSWER to Complaint with Jury Demand (Answer to Amended Complaint, High Level Management Venturers (f/k/a Interdom Partners) v. BNSF Railway Company, et al.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
December 15, 2020 Opinion or Order Filing 479 NOTICE of Appearance by Kelsey Bryan on behalf of UNION PACIFIC RAILROAD COMPANY (Bryan, Kelsey)
December 15, 2020 Opinion or Order Filing 478 NOTICE of Appearance by John M. Majoras on behalf of UNION PACIFIC RAILROAD COMPANY (Majoras, John)
December 15, 2020 Opinion or Order Filing 477 NOTICE of Appearance by Tyrone R. Childress on behalf of UNION PACIFIC RAILROAD COMPANY (Childress, Tyrone)
December 15, 2020 Opinion or Order Filing 476 ANSWER to Complaint with Jury Demand [High Level Management Amended Complaint] by BNSF RAILWAY COMPANY.(Stein, Linda)
December 8, 2020 Opinion or Order Filing 475 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests ABF Freight Sys. v. BNSF, et al. by UNION PACIFIC RAILROAD COMPANY (Collette, Matthew)
December 8, 2020 Opinion or Order Filing 474 ANSWER to Complaint with Jury Demand ABF Freight Sys. v. BNSF, et al. by UNION PACIFIC RAILROAD COMPANY.(Collette, Matthew)
December 8, 2020 Opinion or Order Filing 473 ANSWER to Complaint with Jury Demand (American Honda Motor Co., Inc. v. CSX Transportation, Inc., et al.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
December 8, 2020 Opinion or Order Filing 472 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (American Honda Motor Co., Inc. v. CSX Transportation, Inc., et al.) by CSX CORPORATION (Arteaga, Juan)
December 8, 2020 Opinion or Order Filing 471 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
December 8, 2020 Opinion or Order Filing 470 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
December 8, 2020 Opinion or Order Filing 469 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
December 8, 2020 Opinion or Order Filing 468 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
December 7, 2020 Opinion or Order Filing 467 ANSWER to Complaint with Jury Demand Mitsubishi Motors North America, Inc. by NORFOLK SOUTHERN RAILWAY COMPANY.(Wray, Ron)
December 4, 2020 Opinion or Order Set/Reset Deadlines/Hearings: Joint Status Report due by 1/22/2021; Status Conference scheduled for 2/4/2021, at 10:00 AM before Chief Judge Beryl A. Howell. (ztg)
December 3, 2020 Opinion or Order Filing 466 TRANSCRIPT OF PROCEEDINGS, before Chief Judge Beryl A. Howell, held on 12-03-2020. Page Numbers: 1 - 11. Date of Issuance: 12-03-2020. Court Reporter: Elizabeth SaintLoth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced a bove. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 12/24/2020. Redacted Transcript Deadline set for 1/3/2021. Release of Transcript Restriction set for 3/3/2021.(Saint-Loth, Elizabeth)
December 3, 2020 Opinion or Order Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Status Conference held on 12/3/2020. Order forthcoming. (Court Reporter Elizabeth Saint-Loth.) (ztg)
December 3, 2020 Opinion or Order MINUTE ORDER (paperless), upon consideration of the parties' #432 Joint Status Report and the status conference held on December 3, 2020, see Min. Entry (Dec. 3, 2020), (1) DIRECTING the parties to submit, by January 22, 2021, a joint status report regarding the status of the litigation and (2) SCHEDULING a further status conference for February 4, 2021, at 10:00 AM, to be held via videoconference. Signed by Chief Judge Beryl A. Howell on December 3, 2020. (lcbah3)
November 23, 2020 Opinion or Order Filing 465 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BNSF RAILWAY COMPANY served on 10/30/2020, answer due 11/20/2020; CSX TRANSPORTATION, INC. served on 10/30/2020, answer due 11/20/2020; NORFOLK SOUTHERN RAILWAY COMPANY served on 10/30/2020, answer due 11/20/2020; UNION PACIFIC RAILROAD COMPANY served on 10/30/2020, answer due 11/20/2020 (Attachments: #1 Affidavit BNSF Affidavit of Service, #2 Affidavit CSX Affidavit of Service, #3 Affidavit Norfolk Southern Affidavit of Service, #4 Affidavit Union Pacific Affidavit of Service)(Neuwirth, Stephen)
November 20, 2020 Opinion or Order Filing 464 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CSX TRANSPORTATION, INC. (Wells, David)
November 20, 2020 Opinion or Order Filing 463 ANSWER to Complaint by CSX TRANSPORTATION, INC..(Wells, David)
November 20, 2020 Opinion or Order Filing 462 NOTICE of Appearance by David Matthew Wells on behalf of CSX TRANSPORTATION, INC. (Wells, David)
November 20, 2020 Opinion or Order Filing 461 NOTICE of Appearance by Anne Coxe Mesrobian on behalf of CSX TRANSPORTATION, INC. (Mesrobian, Anne)
November 20, 2020 Opinion or Order Filing 460 ANSWER to Complaint with Jury Demand (ETC Sunoco Holdings LLC (f/k/a Sunoco, Inc.) and Sunoco (R&M), LLC (f/k/a Sunoco, Inc. (R&M)) v. BNSF Railway Company, et al.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
November 20, 2020 Opinion or Order Filing 459 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (ETC Sunoco Holdings LLC (f/k/a Sunoco, Inc.) and Sunoco (R&M), LLC (f/k/a Sunoco, Inc. (R&M)) v. BNSF Railway Company, et al.) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
November 20, 2020 Opinion or Order Filing 458 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
November 20, 2020 Opinion or Order Filing 457 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
November 20, 2020 Opinion or Order Filing 456 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
November 20, 2020 Opinion or Order Filing 455 ANSWER to Complaint with Jury Demand (ETC Sunoco Holdings, LLC, et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
November 20, 2020 Opinion or Order Filing 454 ANSWER to Complaint with Jury Demand (E.I. du Pont de Nemours and Company) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
November 20, 2020 Opinion or Order Filing 453 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
November 20, 2020 Opinion or Order Filing 452 ANSWER to Complaint with Jury Demand (ETC Sunoco Holdings LLC and Sunoco (R&M), LLC) by BNSF RAILWAY COMPANY.(Stein, Linda)
November 20, 2020 Opinion or Order Filing 451 ANSWER to Complaint with Jury Demand (American Honda Motor Co.) by BNSF RAILWAY COMPANY.(Stein, Linda)
November 20, 2020 Opinion or Order Filing 450 ANSWER to Complaint with Jury Demand (E.I. du Pont de Nemours and Company) by BNSF RAILWAY COMPANY.(Stein, Linda)
November 17, 2020 Opinion or Order Filing 449 ANSWER to Complaint with Jury Demand (Andre M. Toffel, Trustee, on behalf of New Wei, Inc., et al., jointly administered bankruptcy estates v. BNSF Railway Company) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
November 17, 2020 Opinion or Order Filing 448 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Andre M. Toffel, Trustee, on behalf of New Wei, Inc., et al., jointly administered bankruptcy estates v. BNSF Railway Company) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
November 17, 2020 Opinion or Order Filing 447 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
November 17, 2020 Opinion or Order Filing 446 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
November 17, 2020 Opinion or Order Filing 445 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
November 17, 2020 Opinion or Order Filing 444 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
November 17, 2020 Opinion or Order Filing 443 ANSWER to Complaint with Jury Demand (Amended Complaint) (ABF Freight System Inc. v. BNSF Railway Company) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
November 17, 2020 Opinion or Order Filing 442 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (ABF Freight System Inc. v. BNSF Railway Company) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
November 17, 2020 Opinion or Order Filing 441 ANSWER to Complaint with Jury Demand (E.I. du Pont Complaint) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
November 17, 2020 Opinion or Order Filing 440 NOTICE of Appearance by Kelsey Bryan on behalf of UNION PACIFIC RAILROAD COMPANY (Bryan, Kelsey)
November 17, 2020 Opinion or Order Filing 439 NOTICE of Appearance by John M. Majoras on behalf of UNION PACIFIC RAILROAD COMPANY (Majoras, John)
November 17, 2020 Opinion or Order Filing 438 NOTICE of Appearance by Tyrone R. Childress on behalf of UNION PACIFIC RAILROAD COMPANY (Childress, Tyrone)
November 17, 2020 Opinion or Order Filing 437 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
November 17, 2020 Opinion or Order Filing 436 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
November 17, 2020 Opinion or Order Filing 435 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
November 17, 2020 Opinion or Order Filing 434 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
November 17, 2020 Opinion or Order Filing 433 NOTICE of Appearance by Kathryn A. Robinette on behalf of UNION PACIFIC RAILROAD COMPANY (Robinette, Kathryn)
November 12, 2020 Opinion or Order Filing 432 Joint STATUS REPORT by ARCONIC, INC., ATLANTIC GRANITE COMPANY, AXIALL CORP, AXIALL L L C, AZUSA ROCK LLC, BARDON, INC., BASF CATALYSTS LLC, BASF CORPORATION, BEL-RAY COMPANY, LLC, BERKSHIRE HATHAWAY, INC., BIRD INCORPORATED, BRANDON SHORES LLC, BRUNNER ISLAND, LLC, CALIFORNIA STEEL INDUSTRIES, INC., CAMPBELL COMPANY OF CANADA, CAMPBELL FOODSERVICE COMPANY, CAMPBELL SOUP COMPANY, CAMPBELL SOUP SUPPLY COMPANY L.L.C., CANADA IMPERIAL OIL LIMITED, CEMENT TRANSPORT, LTD, CERTAINTEED CANADA, INC., CERTAINTEED CEILINGS CORPORATION, CERTAINTEED GYPSUM & CEILING MANUFACTURING, INC., CERTAINTEED GYPSUM AND CEILINGS USA, INC., CERTAINTEED GYPSUM MANUFACTURING, INC., CERTAINTEED GYPSUM NC, INC., CERTAINTEED GYPSUM WEST VIRGINIA, INC., CERTAINTEED GYPSUM, INC., CERTAINTEED LLC, CHEM-MARINE CORPORATION OF SOUTH CAROLINA, COFFEYVILLE RESOURCES NITROGEN FERTILIZERS, LLC, COFFEYVILLE RESOURCES REFINING & MARKETING, LLC, COGNIS USA LLC, CONAGRA BRANDS, INC., CONEMAUGH FUELS, LLC, CVR ENERGY, INC., CVR NITROGEN, LP, CVR PARTNERS, LP, CVR REFINING, LP, DEGS OF NARROWS, LLC, DMG EQUIPMENT COMPANY LLC, DOMINION ENERGY FUEL SERVICES, INC., DOMINION ENERGY SOUTH CAROLINA, INC., DUKE ENERGY CAROLINAS, LLC, DUKE ENERGY FLORIDA, LLC, DUKE ENERGY GENERATION SERVICES, INC., DUKE ENERGY INDIANA, LLC, DUKE ENERGY KENTUCKY, LLC, DUKE ENERGY OHIO, LLC, DUKE ENERGY PROGRESS, LLC, EAST DUBUQUE NITROGEN FERTILIZERS, LLC, EASTALCO ALUMINUM COMPANY, EASTMAN CHEMICAL COMPANY, EXXON MOBIL CORPORATION, EXXONMOBIL GLOBAL SERVICES COMPANY, EXXONMOBIL OIL CORPORATION, FLORIDA ROCK INDUSTRIES, INC., FULTON CONCRETE COMPANY LLC, GEOCYCLE LLC, GRAIN CRAFT, INC., H.A. WAGNER LLC, HARPER BROTHERS LLC, HOLCIM (US) INC., HYUNDAI MOTOR AMERICA, INC., IMPERIAL OIL, IMPERIAL OIL LIMITED, INTALCO ALUMINUM, LLC, IPSCO KOPPEL TUBULARS, L.L.C., IPSCO TUBULARS (KY), LLC, IPSCO TUBULARS INC., JOSEPH CAMPBELL COMPANY, KEYSTONE FUELS, LLC, KIA MOTORS AMERICA, INC, LAFARGE NORTH AMERICA, INC., LAFARGE PNW, INC., LATTIMORE MATERIALS CORP., LEGACY VULCAN LLC, MAERSK INC., MAERSK LINE UK LIMITED, MARTINS CREEK, LLC, MCCARTNEY CONSTRUCTION COMPANY INC, MERCEDES-BENZ USA, LLC, MONTOUR, LLC, MOTIVA ENTERPRISES, LLC, NLMK PENNSYLVANIA, LLC, NLMK USA, INC, NORMERICA INC., NORTHDOWN INDUSTRIES, INC., NOVA CHEMICALS (CANADA) LTD., NOVA CHEMICALS CORPORATION, NOVA CHEMICALS, INC., OLD WORLD INDUSTRIES, LLC, PAO TMK, PCS NITROGEN, INC., PCS PHOSPHATE COMPANY, INC., PCS SALES (USA), INC., PENNZOIL-QUAKER STATE COMPANY, PEPPERIDGE FARM, INCORPORATED, PHILLIPS 66 COMPANY, PROCAT TESTING LLC, PROGRESS FUELS, LLC, R C SMITH COMPANIES LLC, SAINT-GOBAIN CERAMICS & PLASTICS, INC., SHARON COATING, LLC, SHELL CHEMICAL LP, SHELL CHEMICALS CANADA, SHELL OIL COMPANY, SHELL TRADING (US) COMPANY, SMURFIT-STONE CONTAINER CANADA INC, SOLUTIA INC., SYSTECH ENVIRONMENTAL CORPORATION, TALEN ENERGY MARKETING, LLC, TALEN ENERGY SUPPLY, LLC, TALEN GENERATION, LLC, TALEN MONTANA, LLC, TAMINCO CORPORATION, TMK NSG, LLC, TRIANGLE ROCK PRODUCTS LLC, UNITED PARCEL SERVICE, INC., UPS GROUND FREIGHT, INC., VIRGINIA CONCRETE COMPANY LLC, VIRGINIA ELECTRIC AND POWER COMPANY, VULCAN AGGREGATES COMPANY LLC, VULCAN CONSTRUCTION MATERIALS LLC, VULCAN MATERIALS COMPANY, WESTLAKE LONGVIEW CORP, WESTLAKE MANAGEMENT SERVICES INC, WESTLAKE PETROCHEMICALS L L C, WESTLAKE POLYMERS L L C, WESTLAKE STYRENE L L C, WESTLAKE VINYLS CO L P, WESTLAKE VINYLS INC, WESTROCK COATED BOARD, LLC, WESTROCK COMPANY, WESTROCK COMPANY OF CANADA CORP./COMPAGNIE WESTROCK DU CANADA CORP., WESTROCK CONTAINER, LLC, WESTROCK CP, LLC, WESTROCK KRAFT PAPER, LLC, WESTROCK LONGVIEW, LLC, WESTROCK MILL COMPANY, LLC, WESTROCK MINNESOTA CORPORATION, WESTROCK NORTHWEST, LLC, WESTROCK SOUTHEAST, LLC, WESTROCK TEXAS, L.P., WESTROCK VIRGINIA, LLC, WESTROCK-REX, LLC, WESTROCK-SOLVAY, LLC, WHITE SPRINGS AGRICULTURAL CHEMICALS, INC., WYNNEWOOD REFINING COMPANY, LLC, AGGREGATE INDUSTRIES - MWR, INC., AGGREGATE INDUSTRIES - SWR, INC., AGGREGATE INDUSTRIES MANAGEMENT, INC., AGGREGATE INDUSTRIES NORTHEAST REGION, INC., AGGREGATES USA (MACON) LLC, AGGREGATES USA (SAVANNAH) LLC, AGGREGATES USA (SPARTA) LLC, AGGREGATES USA, LLC, AGRIUM (U.S.), INC., ALCOA CORPORATION, ALCOA FUELS, INC., ALCOA POWER GENERATING, INC., ALCOA WORLD ALUMINA, LLC, ALUMAX MILL PRODUCTS, INC., AMALGAMATED SUGAR COMPANY, LLC, AMERICAN ROCK SALT COMPANY LLC, AP MOLLER - MAERSK A/S. (Neuwirth, Stephen)
November 10, 2020 Opinion or Order Filing 431 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-13) dated 11/10/2020 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407.(MDL 2925) (ztnr)
November 9, 2020 Opinion or Order Filing 430 NOTICE OF WITHDRAWAL OF APPEARANCE as to UNION PACIFIC RAILROAD COMPANY. Attorney Christopher Campbell terminated. (O'Mara, Timothy)
November 9, 2020 Opinion or Order Set/Reset Deadlines: Joint status report due by 11/12/2020. (ztg)
November 6, 2020 Opinion or Order Filing 429 Joint MOTION for Extension of Time to File Joint Status Report by ARCONIC, INC., AXIALL CORP, AXIALL L L C, AZUSA ROCK LLC, BARDON, INC., BASF CATALYSTS LLC, BASF CORPORATION, BIRD INCORPORATED, BRUNNER ISLAND, LLC, CALHOUN ASPHALT COMPANY INC, CALIFORNIA STEEL INDUSTRIES, INC., CALMAT CO, CAMPBELL COMPANY OF CANADA, CAMPBELL FOODSERVICE COMPANY, CAMPBELL SOUP COMPANY, CAMPBELL SOUP SUPPLY COMPANY L.L.C., CANADA IMPERIAL OIL LIMITED, CEMENT TRANSPORT, LTD, CERTAINTEED CANADA, INC., CERTAINTEED CEILINGS CORPORATION, CERTAINTEED GYPSUM & CEILING MANUFACTURING, INC., CERTAINTEED GYPSUM AND CEILINGS USA, INC., CERTAINTEED GYPSUM MANUFACTURING, INC., CERTAINTEED GYPSUM NC, INC., CERTAINTEED GYPSUM WEST VIRGINIA, INC., CERTAINTEED GYPSUM, INC., CERTAINTEED LLC, CHEM-MARINE CORPORATION OF SOUTH CAROLINA, COFFEYVILLE RESOURCES NITROGEN FERTILIZERS, LLC, COFFEYVILLE RESOURCES REFINING & MARKETING, LLC, COGNIS USA LLC, CONAGRA BRANDS, INC., CONEMAUGH FUELS, LLC, CVR ENERGY, INC., CVR NITROGEN, LP, CVR PARTNERS, LP, CVR REFINING, LP, DMG EQUIPMENT COMPANY LLC, DOMINION ENERGY FUEL SERVICES, INC., DOMINION ENERGY SOUTH CAROLINA, INC., DUKE ENERGY CAROLINAS, LLC, DUKE ENERGY FLORIDA, LLC, DUKE ENERGY GENERATION SERVICES, INC., DUKE ENERGY INDIANA, LLC, DUKE ENERGY KENTUCKY, LLC, DUKE ENERGY OHIO, LLC, DUKE ENERGY PROGRESS, LLC, EAST DUBUQUE NITROGEN FERTILIZERS, LLC, EASTALCO ALUMINUM COMPANY, EASTMAN CHEMICAL COMPANY, EQUILON ENTERPRISES LLC, EXXON MOBIL CORPORATION, EXXONMOBIL GLOBAL SERVICES COMPANY, EXXONMOBIL OIL CORPORATION, FLORIDA ROCK INDUSTRIES, INC., FULTON CONCRETE COMPANY LLC, GEOCYCLE LLC, GRAIN CRAFT, INC., H.A. WAGNER LLC, HARPER BROTHERS LLC, HOLCIM (US) INC., HYUNDAI MOTOR AMERICA, INC., IMPERIAL OIL, IMPERIAL OIL LIMITED, INTALCO ALUMINUM, LLC, IPSCO KOPPEL TUBULARS, L.L.C., IPSCO TUBULARS (KY), LLC, IPSCO TUBULARS INC., JOSEPH CAMPBELL COMPANY, KEYSTONE FUELS, LLC, KIA MOTORS AMERICA, INC, LAFARGE NORTH AMERICA, INC., LAFARGE PNW, INC., LATTIMORE MATERIALS CORP., LEGACY VULCAN LLC, MAERSK INC., MAERSK LINE UK LIMITED, MARTINS CREEK, LLC, MCCARTNEY CONSTRUCTION COMPANY INC, MERCEDES-BENZ USA, LLC, MONTOUR, LLC, MOTIVA ENTERPRISES, LLC, NLMK PENNSYLVANIA, LLC, NLMK USA, INC, NORMERICA INC., NORTHDOWN INDUSTRIES, INC., NOVA CHEMICALS (CANADA) LTD., NOVA CHEMICALS CORPORATION, NOVA CHEMICALS, INC., OLD WORLD INDUSTRIES, LLC, PCS NITROGEN, INC., PCS PHOSPHATE COMPANY, INC., PCS SALES (USA), INC., PENNZOIL-QUAKER STATE COMPANY, PHILLIPS 66 COMPANY, PROCAT TESTING LLC, PROGRESS FUELS, LLC, R C SMITH COMPANIES LLC, REYNOLDS METAL COMPANY, SAINT-GOBAIN CERAMICS & PLASTICS, INC., SHARON COATING, LLC, SHELL CHEMICAL LP, SHELL CHEMICALS CANADA, SHELL OIL COMPANY, SHELL TRADING (US) COMPANY, SMURFIT-STONE CONTAINER CANADA INC, SOLUTIA INC., SOUTHEASTERN MILLS, INC., SYSTECH ENVIRONMENTAL CORPORATION, TALEN ENERGY MARKETING, LLC, TALEN ENERGY SUPPLY, LLC, TALEN GENERATION, LLC, TALEN MONTANA, LLC, TAMINCO CORPORATION, TMK NSG, LLC, TRIANGLE ROCK PRODUCTS LLC, UNITED PARCEL SERVICE, INC., UPS GROUND FREIGHT, INC., VIRGINIA CONCRETE COMPANY LLC, VIRGINIA ELECTRIC AND POWER COMPANY, VULCAN AGGREGATES COMPANY LLC, VULCAN CONSTRUCTION MATERIALS LLC, VULCAN MATERIALS COMPANY, WESTLAKE LONGVIEW CORP, WESTLAKE MANAGEMENT SERVICES INC, WESTLAKE PETROCHEMICALS L L C, WESTLAKE POLYMERS L L C, WESTLAKE STYRENE L L C, WESTLAKE VINYLS CO L P, WESTLAKE VINYLS INC, WESTROCK COATED BOARD, LLC, WESTROCK COMPANY, WESTROCK COMPANY OF CANADA CORP./COMPAGNIE WESTROCK DU CANADA CORP., WESTROCK CONTAINER, LLC, WESTROCK CP, LLC, WESTROCK KRAFT PAPER, LLC, WESTROCK LONGVIEW, LLC, WESTROCK MILL COMPANY, LLC, WESTROCK MINNESOTA CORPORATION, WESTROCK NORTHWEST, LLC, WESTROCK SOUTHEAST, LLC, WESTROCK TEXAS, L.P., WESTROCK VIRGINIA, LLC, WESTROCK-REX, LLC, WESTROCK-SOLVAY, LLC, WHITE SPRINGS AGRICULTURAL CHEMICALS, INC., WYNNEWOOD REFINING COMPANY, LLC, AGGREGATE INDUSTRIES - MWR, INC., AGGREGATE INDUSTRIES - SWR, INC., AGGREGATE INDUSTRIES MANAGEMENT, INC., AGGREGATE INDUSTRIES NORTHEAST REGION, INC., AGGREGATES USA (MACON) LLC, AGGREGATES USA (SAVANNAH) LLC, AGGREGATES USA (SPARTA) LLC, AGGREGATES USA, LLC, AGRIUM (U.S.), INC., ALCOA CORPORATION, ALCOA FUELS, INC., ALCOA POWER GENERATING, INC., ALCOA WORLD ALUMINA, LLC, ALUMAX MILL PRODUCTS, INC., AMALGAMATED SUGAR COMPANY, LLC, AMERICAN ROCK SALT COMPANY LLC, AP MOLLER - MAERSK A/S (Attachments: #1 Text of Proposed Order)(Neuwirth, Stephen)
November 6, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING the parties' #429 Joint Motion to Extend Time and DIRECTING the parties to submit, by November 12, 2020, a joint status report regarding the status of the litigation. Signed by Chief Judge Beryl A. Howell on November 6, 2020. (lcbah3)
October 22, 2020 Opinion or Order Filing 428 MEMORANDUM AND ORDER DENYING plaintiffs Nippon Yusen Kabushiki Kaisha and NYK Line (North America) Inc.'s #414 Motion for Clarification or, in the Alternative, for Reconsideration. See Memorandum and Order for details. Signed by Chief Judge Beryl A. Howell on October 22, 2020. (lcbah3)
October 19, 2020 Opinion or Order Filing 427 STIPULATION of Voluntary Dismissal by HB CHEMICAL CORPORATION, INTERNATIONAL POLYMERS CORPORATION, RAVAGO AMERICAS LLC, RAVAGO CHEMICAL DISTRIBUTION, INC., RAVAGO HOLDINGS AMERICA, INC.. (Neuwirth, Stephen)
October 19, 2020 Opinion or Order MINUTE ORDER (paperless) DISMISSING Ravagos Americas LLC v. BNSF Railway Co., No. 20-cv-1495 (BAH), without prejudice, pursuant to the parties' #427 Stipulation of Voluntary Dismissal and Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Signed by Chief Judge Beryl A. Howell on October 19, 2020. (lcbah3)
October 16, 2020 Opinion or Order Filing 426 REPLY to opposition to motion re #414 MOTION to Clarify re #358 Memorandum & Opinion, NYK PLAINTIFFS MOTION FOR CLARIFICATION OR, IN THE ALTERNATIVE, FOR RECONSIDERATION MOTION for Reconsideration filed by NIPPON YUSEN KABUSHIKI KAISHA, NYK LINE (NORTH AMERICA), INC.. (Brown, Benjamin)
October 16, 2020 Opinion or Order Filing 425 NOTICE OF WITHDRAWAL OF APPEARANCE as to BNSF RAILWAY COMPANY. Attorney Emily C. Curran-Huberty terminated. (Curran-Huberty, Emily)
October 9, 2020 Opinion or Order Filing 424 RESPONSE re #414 MOTION to Clarify re #358 Memorandum & Opinion, NYK PLAINTIFFS MOTION FOR CLARIFICATION OR, IN THE ALTERNATIVE, FOR RECONSIDERATION MOTION for Reconsideration (Opposition Motion) filed by BNSF RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY. (Stein, Linda)
October 8, 2020 Opinion or Order Filing 423 ORDER regarding nondisclosure of certain information regarding expert witnesses. Signed by Chief Judge Beryl A. Howell on October 8, 2020. (lcbah3)
October 7, 2020 Opinion or Order Filing 422 STIPULATION and Proposed Order Regarding the Non-Disclosure of Certain Information Regarding Expert Witnesses by CHAPARRAL (VIRGINIA) INC., CHAPARRAL STEEL COMPANY, CHAPARRAL STEEL MIDLOTHIAN, LP, DOW CHEMICAL COMPANY, GENON ENERGY MANAGEMENT, LLC, GENON POWER MIDWEST LP, GENON REMA, LLC, GERDAU AMERISTEEL CORPORATION, GERDAU AMERISTEEL PERTH AMBOY INC., GERDAU AMERISTEEL SAYREVILLE INC., GERDAU AMERISTEEL US INC., GERDAU MACSTEEL, INC., INTERNATIONAL PAPER COMPANY, SHEFFIELD STEEL CORPORATION, UMETCO MINERALS CORPORATION, UNION CARBIDE CORPORATION, AMERCHOL CORPORATION. (Waldin, Benjamin)
October 5, 2020 Opinion or Order Filing 421 NOTICE of Appearance by Tyler P. Young on behalf of UNION PACIFIC RAILROAD COMPANY (Young, Tyler)
October 1, 2020 Opinion or Order Filing 420 NOTICE of Appearance by Glenn D. Pomerantz on behalf of BNSF RAILWAY COMPANY (Pomerantz, Glenn)
October 1, 2020 Opinion or Order Filing 419 NOTICE of Appearance by Kuruvilla Joseph Olasa on behalf of BNSF RAILWAY COMPANY (Olasa, Kuruvilla)
October 1, 2020 Opinion or Order Filing 418 NOTICE of Appearance by Benjamin Joseph Horwich on behalf of BNSF RAILWAY COMPANY (Horwich, Benjamin)
October 1, 2020 Opinion or Order Filing 417 NOTICE of Appearance by Anne Conley on behalf of BNSF RAILWAY COMPANY (Conley, Anne)
October 1, 2020 Opinion or Order Filing 416 NOTICE of Appearance by Esteban Martin Estrada on behalf of BNSF RAILWAY COMPANY (Estrada, Esteban)
September 30, 2020 Opinion or Order Filing 415 NOTICE of Appearance by Jacobus P. van der Ven on behalf of BNSF RAILWAY COMPANY (van der Ven, Jacobus)
September 25, 2020 Opinion or Order Filing 414 MOTION to Clarify re #358 Memorandum & Opinion, NYK PLAINTIFFS MOTION FOR CLARIFICATION OR, IN THE ALTERNATIVE, FOR RECONSIDERATION by NIPPON YUSEN KABUSHIKI KAISHA, NYK LINE (NORTH AMERICA), INC. (Attachments: #1 Text of Proposed Order)(Brown, Benjamin). Added MOTION for Reconsideration on 9/29/2020 (znmw).
September 15, 2020 Opinion or Order MINUTE ORDER (paperless) DIRECTING the Clerk to terminate plaintiff UPS Supply Chain Solutions, Inc., in light of the parties' #413 Stipulation of Voluntary Dismissal Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Federal Rule of Civil Procedure 41(a)(1)(A)(ii) permits a plaintiff to voluntarily dismiss a civil suit without a court order by filing "a stipulation of dismissal signed by all parties who have appeared." Accordingly, plaintiff UPS Supply Chain Solutions, Inc. is dismissed without prejudice. Signed by Chief Judge Beryl A. Howell on September 15, 2020. (lcbah3)
September 14, 2020 Opinion or Order Filing 413 STIPULATION of Dismissal Pursuant to Rule 41(a)(1)(A)(ii) by UPS SUPPLY CHAIN SOLUTIONS, INC.. (Attachments: #1 Text of Proposed Order)(Neuwirth, Stephen)
September 14, 2020 Opinion or Order Filing 412 ANSWER to Complaint with Jury Demand (Central Transport International, Inc.) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
September 11, 2020 Opinion or Order Filing 411 ANSWER to Complaint with Jury Demand (Central Transport International) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
September 10, 2020 Opinion or Order Filing 410 NOTICE of Appearance by Tristan Myles Ellis on behalf of TOYOTA CANADA INC., TOYOTA MOTOR SALES, U.S.A., INC. (Ellis, Tristan)
September 10, 2020 Opinion or Order Filing 409 ANSWER to Complaint with Jury Demand of Tronox US Holding Inc., et al. by NORFOLK SOUTHERN RAILWAY COMPANY.(Tabas, Matthew)
September 10, 2020 Opinion or Order Filing 408 NOTICE of Appearance by Matthew Aaron Tabas on behalf of NORFOLK SOUTHERN RAILWAY COMPANY (Tabas, Matthew)
September 10, 2020 Opinion or Order Set/Reset Deadlines: Joint Status Report due by 11/6/2020. (ztg)
September 9, 2020 Opinion or Order Filing 407 TRANSCRIPT OF PROCEEDINGS, before Chief Judge Beryl A. Howell, held on 9-9-2020; Page Numbers: 1 - 17, Date of Issuance: 9-9-2020. Court Reporter: Elizabeth SaintLoth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above . After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/30/2020. Redacted Transcript Deadline set for 10/10/2020. Release of Transcript Restriction set for 12/8/2020.(Saint-Loth, Elizabeth)
September 9, 2020 Opinion or Order Filing 406 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
September 9, 2020 Opinion or Order Filing 405 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
September 9, 2020 Opinion or Order Filing 404 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
September 9, 2020 Opinion or Order Filing 403 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
September 9, 2020 Opinion or Order Filing 402 NOTICE of Appearance by Edward David Hassi on behalf of TOYOTA CANADA INC., TOYOTA MOTOR SALES, U.S.A., INC. (Hassi, Edward)
September 9, 2020 Opinion or Order Filing 401 NOTICE of Appearance by Leah S. Martin on behalf of TOYOTA CANADA INC., TOYOTA MOTOR SALES, U.S.A., INC. (Martin, Leah)
September 9, 2020 Opinion or Order Filing 400 NOTICE of Appearance by Michael Schaper on behalf of TOYOTA CANADA INC., TOYOTA MOTOR SALES, U.S.A., INC. (Schaper, Michael)
September 9, 2020 Opinion or Order MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' #364 Joint Status Report and the status conference held on September 9, 2020, see Min. Entry (Sept. 9, 2020), the parties to submit, by November 6, 2020, a joint status report regarding the status of the litigation. Signed by Chief Judge Beryl A. Howell on September 9, 2020. (lcbah3)
September 9, 2020 Opinion or Order Minute Entry for proceedings held before Chief Judge Beryl A. Howell: video/telephone Status Conference held on 9/9/2020. A further Status Conference is scheduled for 12/3/2020 at 10:00 AM before Chief Judge Beryl A. Howell. (Court Reporter Elizabeth Saint-Loth.) (ztg)
September 8, 2020 Opinion or Order Filing 399 ANSWER to Complaint with Jury Demand (Union Carbide Corporation, et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
September 8, 2020 Opinion or Order Filing 398 ANSWER to Complaint with Jury Demand (International Paper Company) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
September 8, 2020 Opinion or Order Filing 397 ANSWER to Complaint with Jury Demand (The Dow Chemical Company) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
September 8, 2020 Opinion or Order Filing 396 ANSWER to Complaint with Jury Demand (ArcelorMittal USA LLC, et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
September 8, 2020 Opinion or Order Filing 395 ANSWER to Complaint with Jury Demand (GenOn Energy Management, LLC et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
September 8, 2020 Opinion or Order Filing 394 ANSWER to Complaint with Jury Demand (Gerdau Ameristeel Corporation) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
September 8, 2020 Opinion or Order Filing 393 ANSWER to Complaint with Jury Demand (The Dow Chemical Company) by BNSF RAILWAY COMPANY.(Stein, Linda)
September 8, 2020 Opinion or Order Filing 392 ANSWER to Complaint with Jury Demand (GenOn Energy) by BNSF RAILWAY COMPANY.(Stein, Linda)
September 8, 2020 Opinion or Order Filing 391 ANSWER to Complaint with Jury Demand (Gerdau Ameristeel Corporation) by BNSF RAILWAY COMPANY.(Stein, Linda)
September 8, 2020 Opinion or Order Filing 390 ANSWER to Complaint with Jury Demand (Union Carbide Corporation) by BNSF RAILWAY COMPANY.(Stein, Linda)
September 8, 2020 Opinion or Order Filing 389 ANSWER to Complaint with Jury Demand (International Paper Company) by BNSF RAILWAY COMPANY.(Stein, Linda)
September 8, 2020 Opinion or Order Filing 388 ANSWER to Complaint with Jury Demand (Nippon Yusen Kabushiki Kaisha and NYK Line (North America), Inc.) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
September 8, 2020 Opinion or Order Filing 387 ANSWER to Complaint with Jury Demand (Nippon Yusen and NYK Line) by BNSF RAILWAY COMPANY.(Stein, Linda)
September 8, 2020 Opinion or Order Filing 386 ANSWER to Complaint with Jury Demand (Tronox US Holdings Inc.) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
September 8, 2020 Opinion or Order Filing 385 ANSWER to Complaint with Jury Demand (Union Carbide Corp.) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
September 8, 2020 Opinion or Order Filing 384 ANSWER to Complaint with Jury Demand (International Paper Company) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
September 8, 2020 Opinion or Order Filing 383 ANSWER to Complaint with Jury Demand (Gerdau Ameristeel Corp.) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
September 8, 2020 Opinion or Order Filing 382 ANSWER to Complaint with Jury Demand (GenOn Energy Management) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
September 8, 2020 Opinion or Order Filing 381 ANSWER to Complaint with Jury Demand (Dow Chemical Company) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
September 8, 2020 Opinion or Order Filing 380 ANSWER to Complaint with Jury Demand (Gerdau Ameristeel Corp., et al. v. Union Pacific Railroad Company, et al.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
September 8, 2020 Opinion or Order Filing 379 NOTICE of Appearance by Kelsey Bryan on behalf of UNION PACIFIC RAILROAD COMPANY (Bryan, Kelsey)
September 8, 2020 Opinion or Order Filing 378 NOTICE of Appearance by John M. Majoras on behalf of UNION PACIFIC RAILROAD COMPANY (Majoras, John)
September 8, 2020 Opinion or Order Filing 377 NOTICE of Appearance by Tyrone R. Childress on behalf of UNION PACIFIC RAILROAD COMPANY (Childress, Tyrone)
September 8, 2020 Opinion or Order Filing 376 ANSWER to Complaint with Jury Demand (International Paper Company v. Union Pacific Railroad Company et al.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
September 8, 2020 Opinion or Order Filing 375 ANSWER to Complaint with Jury Demand (Tronox US Holdings Inc.) by BNSF RAILWAY COMPANY.(Stein, Linda)
September 8, 2020 Opinion or Order Filing 374 ANSWER to Complaint with Jury Demand (Genon Energy Management, LLC, et al. v. Union Pacific Railroad Company, et al.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
September 8, 2020 Opinion or Order Filing 373 ANSWER to Complaint of The Dow Chemical Company by CSX TRANSPORTATION, INC..(Wells, David)
September 8, 2020 Opinion or Order Filing 372 ANSWER to Complaint of Union Carbide Corporation et al. by CSX TRANSPORTATION, INC..(Wells, David)
September 8, 2020 Opinion or Order Filing 371 ANSWER to Complaint with Jury Demand (ArcelorMittal USA LLC, et al. v. CSX Transportation, Inc. et al.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
September 4, 2020 Opinion or Order Filing 370 ANSWER to Complaint with Jury Demand of Tronox US Holdings Inc. et al. by CSX TRANSPORTATION, INC..(Arteaga, Juan)
September 4, 2020 Opinion or Order Filing 369 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Tronox US Holdings Inc. et al. v. BNSF Railway Company, et al.) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
September 4, 2020 Opinion or Order Filing 368 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
September 4, 2020 Opinion or Order Filing 367 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
September 4, 2020 Opinion or Order Filing 366 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
September 4, 2020 Opinion or Order Filing 365 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
September 3, 2020 Opinion or Order Filing 364 Joint STATUS REPORT of All Parties by UNION PACIFIC RAILROAD COMPANY. (Childress, Tyrone)
September 2, 2020 Opinion or Order Set/Reset Deadlines: Joint Status Report due by 9/3/2020. (ztg)
September 2, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING the parties' #363 Joint Motion to Extend Time and DIRECTING the parties to submit, by September 3, 2020, a joint status report regarding the status of the litigation. Signed by Chief Judge Beryl A. Howell on September 2, 2020. (lcbah3)
September 1, 2020 Opinion or Order Filing 363 Joint MOTION for Extension of Time to File Joint Status Report by ATLANTIC GRANITE COMPANY, AXIALL CORP, AXIALL L L C, AZUSA ROCK LLC, BARDON, INC., BASF CATALYSTS LLC, BASF CORPORATION, BRANDON SHORES LLC, BRUNNER ISLAND, LLC, CALHOUN ASPHALT COMPANY INC, CALIFORNIA STEEL INDUSTRIES, INC., CALMAT CO, CAMPBELL COMPANY OF CANADA, CAMPBELL FOODSERVICE COMPANY, CAMPBELL SOUP COMPANY, CAMPBELL SOUP SUPPLY COMPANY L.L.C., CANADA IMPERIAL OIL LIMITED, CERTAINTEED CANADA, INC., CERTAINTEED CEILINGS CORPORATION, CERTAINTEED GYPSUM & CEILING MANUFACTURING, INC., CERTAINTEED GYPSUM AND CEILINGS USA, INC., CERTAINTEED GYPSUM MANUFACTURING, INC., CERTAINTEED GYPSUM NC, INC., CERTAINTEED GYPSUM WEST VIRGINIA, INC., CERTAINTEED GYPSUM, INC., CERTAINTEED LLC, CHEM-MARINE CORPORATION OF SOUTH CAROLINA, COFFEYVILLE RESOURCES NITROGEN FERTILIZERS, LLC, COFFEYVILLE RESOURCES REFINING & MARKETING, LLC, COGNIS USA LLC, CONAGRA BRANDS, INC., CONEMAUGH FUELS, LLC, CVR ENERGY, INC., CVR NITROGEN, LP, CVR PARTNERS, LP, CVR REFINING, LP, DEGS OF NARROWS, LLC, DMG EQUIPMENT COMPANY LLC, DOMINION ENERGY FUEL SERVICES, INC., DOMINION ENERGY SOUTH CAROLINA, INC., DUKE ENERGY CAROLINAS, LLC, DUKE ENERGY FLORIDA, LLC, DUKE ENERGY GENERATION SERVICES, INC., DUKE ENERGY INDIANA, LLC, DUKE ENERGY KENTUCKY, LLC, DUKE ENERGY OHIO, LLC, DUKE ENERGY PROGRESS, LLC, EAST DUBUQUE NITROGEN FERTILIZERS, LLC, EASTALCO ALUMINUM COMPANY, EASTMAN CHEMICAL COMPANY, EQUILON ENTERPRISES LLC, EXXON MOBIL CORPORATION, EXXONMOBIL GLOBAL SERVICES COMPANY, EXXONMOBIL OIL CORPORATION, FLORIDA ROCK INDUSTRIES, INC., FULTON CONCRETE COMPANY LLC, GEOCYCLE LLC, GRAIN CRAFT, INC., H.A. WAGNER LLC, HARPER BROTHERS LLC, HB CHEMICAL CORPORATION, HOLCIM (US) INC., HYUNDAI MOTOR AMERICA, INC., IMPERIAL OIL, IMPERIAL OIL LIMITED, INTALCO ALUMINUM, LLC, INTERNATIONAL POLYMERS CORPORATION, IPSCO KOPPEL TUBULARS, L.L.C., IPSCO TUBULARS (KY), LLC, IPSCO TUBULARS INC., JOSEPH CAMPBELL COMPANY, KEYSTONE FUELS, LLC, KIA MOTORS AMERICA, INC, LAFARGE NORTH AMERICA, INC., LAFARGE PNW, INC., LATTIMORE MATERIALS CORP., LEGACY VULCAN LLC, MAERSK INC., MAERSK LINE UK LIMITED, MARTINS CREEK, LLC, MCCARTNEY CONSTRUCTION COMPANY INC, MERCEDES-BENZ USA, LLC, MONTOUR, LLC, MOTIVA ENTERPRISES, LLC, NLMK PENNSYLVANIA, LLC, NLMK USA, INC, NORMERICA INC., NORTHDOWN INDUSTRIES, INC., NOVA CHEMICALS (CANADA) LTD., NOVA CHEMICALS CORPORATION, NOVA CHEMICALS, INC., OLD WORLD INDUSTRIES, LLC, PAO TMK, PCS NITROGEN, INC., PCS PHOSPHATE COMPANY, INC., PCS SALES (USA), INC., PENNZOIL-QUAKER STATE COMPANY, PEPPERIDGE FARM, INCORPORATED, PHILLIPS 66 COMPANY, PROCAT TESTING LLC, PROGRESS FUELS, LLC, R C SMITH COMPANIES LLC, RAVAGO AMERICAS LLC, RAVAGO CHEMICAL DISTRIBUTION, INC., RAVAGO HOLDINGS AMERICA, INC., REYNOLDS METAL COMPANY, SAINT-GOBAIN CERAMICS & PLASTICS, INC., SHARON COATING, LLC, SHELL CHEMICAL LP, SHELL CHEMICALS CANADA, SHELL OIL COMPANY, SHELL TRADING (US) COMPANY, SMURFIT-STONE CONTAINER CANADA INC, SOLUTIA INC., SOUTHEASTERN MILLS, INC., SYSTECH ENVIRONMENTAL CORPORATION, TALEN ENERGY MARKETING, LLC, TALEN ENERGY SUPPLY, LLC, TALEN GENERATION, LLC, TALEN MONTANA, LLC, TAMINCO CORPORATION, TMK NSG, LLC, TRIANGLE ROCK PRODUCTS LLC, UNITED PARCEL SERVICE, INC., UPS GROUND FREIGHT, INC., UPS SUPPLY CHAIN SOLUTIONS, INC., VIRGINIA CONCRETE COMPANY LLC, VIRGINIA ELECTRIC AND POWER COMPANY, VULCAN AGGREGATES COMPANY LLC, VULCAN CONSTRUCTION MATERIALS LLC, VULCAN MATERIALS COMPANY, WESTLAKE LONGVIEW CORP, WESTLAKE MANAGEMENT SERVICES INC, WESTLAKE PETROCHEMICALS L L C, WESTLAKE POLYMERS L L C, WESTLAKE STYRENE L L C, WESTLAKE VINYLS CO L P, WESTLAKE VINYLS INC, WESTROCK COATED BOARD, LLC, WESTROCK COMPANY, WESTROCK COMPANY OF CANADA CORP./COMPAGNIE WESTROCK DU CANADA CORP., WESTROCK CONTAINER, LLC, WESTROCK CP, LLC, WESTROCK KRAFT PAPER, LLC, WESTROCK LONGVIEW, LLC, WESTROCK MILL COMPANY, LLC, WESTROCK MINNESOTA CORPORATION, WESTROCK NORTHWEST, LLC, WESTROCK SOUTHEAST, LLC, WESTROCK TEXAS, L.P., WESTROCK VIRGINIA, LLC, WESTROCK-REX, LLC, WESTROCK-SOLVAY, LLC, WHITE SPRINGS AGRICULTURAL CHEMICALS, INC., WYNNEWOOD REFINING COMPANY, LLC, AGGREGATE INDUSTRIES - MWR, INC., AGGREGATE INDUSTRIES - SWR, INC., AGGREGATE INDUSTRIES MANAGEMENT, INC., AGGREGATE INDUSTRIES NORTHEAST REGION, INC., AGGREGATES USA (MACON) LLC, AGGREGATES USA (SAVANNAH) LLC, AGGREGATES USA (SPARTA) LLC, AGGREGATES USA, LLC, AGRIUM (U.S.), INC., ALCOA CORPORATION, ALCOA FUELS, INC., ALCOA POWER GENERATING, INC., ALCOA WORLD ALUMINA, LLC, ALUMAX MILL PRODUCTS, INC., AMALGAMATED SUGAR COMPANY, LLC, AMERICAN ROCK SALT COMPANY LLC, AP MOLLER - MAERSK A/S, ARCONIC, INC. (Attachments: #1 Text of Proposed Order re Joint Motion to Extend Time)(Neuwirth, Stephen)
August 31, 2020 Opinion or Order Filing 362 NOTICE of Appearance by Zachary C. Naidich on behalf of TRONOX INC., TRONOX US HOLDINGS INC. (Naidich, Zachary)
August 31, 2020 Opinion or Order Filing 361 NOTICE of Appearance by Steven Sparling on behalf of TRONOX INC., TRONOX US HOLDINGS INC. (Sparling, Steven)
August 31, 2020 Opinion or Order Filing 360 NOTICE of Appearance by Daniel Lennard on behalf of TRONOX INC., TRONOX US HOLDINGS INC. (Lennard, Daniel)
August 31, 2020 Opinion or Order Filing 359 NOTICE of Appearance by Daniel B. Goldman on behalf of TRONOX INC., TRONOX US HOLDINGS INC. (Goldman, Daniel)
August 25, 2020 Opinion or Order Filing 358 MEMORANDUM OPINION regarding defendants' #106 Motion to Dismiss; #107 Motion to Dismiss; #108 Motion to Dismiss; #109 Motion to Dismiss; #111 Motion to Dismiss; #112 Motion to Dismiss; #196 Motion to Dismiss or Motion to Strike; #200 Motion for Partial Dismissal or Motion to Strike; and #257 Motion for Partial Dismissal in case 1:20-mc-00008-BAH. Signed by Chief Judge Beryl A. Howell on August 25, 2020. (lcbah3)
August 25, 2020 Opinion or Order Filing 357 ORDER DENYING defendants' #106 Motion to Dismiss; #107 Motion to Dismiss; #108 Motion to Dismiss; #109 Motion to Dismiss; #111 Motion to Dismiss; #112 Motion to Dismiss; #196 Motion to Dismiss or Motion to Strike; #200 Motion for Partial Dismissal or Motion to Strike; and #257 Motion for Partial Dismissal in case 1:20-mc-00008-BAH. See Order for further details. Signed by Chief Judge Beryl A. Howell on August 25, 2020. (lcbah3)
August 20, 2020 Opinion or Order Filing 356 ANSWER to Complaint with Jury Demand of Air Products and Chemicals, Inc. by NORFOLK SOUTHERN RAILWAY COMPANY.(Tabas, Matthew)
August 20, 2020 Opinion or Order Filing 355 NOTICE of Appearance by Matthew Aaron Tabas on behalf of NORFOLK SOUTHERN RAILWAY COMPANY (Tabas, Matthew)
August 19, 2020 Opinion or Order Filing 354 ANSWER to Complaint with Jury Demand of Air Products and Chemicals, Inc. by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
August 19, 2020 Opinion or Order Filing 353 NOTICE of Appearance by Kelsey Bryan on behalf of UNION PACIFIC RAILROAD COMPANY (Bryan, Kelsey)
August 19, 2020 Opinion or Order Filing 352 NOTICE of Appearance by John M. Majoras on behalf of UNION PACIFIC RAILROAD COMPANY (Majoras, John)
August 19, 2020 Opinion or Order Filing 351 NOTICE of Appearance by Tyrone R. Childress on behalf of UNION PACIFIC RAILROAD COMPANY (Childress, Tyrone)
August 19, 2020 Opinion or Order Filing 350 ANSWER to Complaint with Jury Demand (Air Products and Chemicals, Inc.) by BNSF RAILWAY COMPANY.(Stein, Linda)
August 19, 2020 Opinion or Order Filing 349 NOTICE of Appearance by Leonardo Chingcuanco on behalf of KAWASAKI KISEN KAISHA, LTD., YANG MING (AMERICA) CORP., YANG MING MARINE TRANSPORT CORP., "K" LINE AMERICA, INC. (Chingcuanco, Leonardo)
August 19, 2020 Opinion or Order Filing 348 ANSWER to Complaint with Jury Demand of Air Products and Chemicals, Inc. by CSX TRANSPORTATION, INC..(Arteaga, Juan)
August 19, 2020 Opinion or Order Filing 347 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Air Products and Chemicals, Inc. v. BNSF Railway Company, et al.) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
August 19, 2020 Opinion or Order Filing 346 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
August 19, 2020 Opinion or Order Filing 345 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
August 19, 2020 Opinion or Order Filing 344 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
August 19, 2020 Opinion or Order Filing 343 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
August 19, 2020 Opinion or Order Filing 342 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
August 12, 2020 Opinion or Order Filing 341 ANSWER to Complaint with Jury Demand (WestRock Company) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
August 12, 2020 Opinion or Order Filing 340 ANSWER to #328 Amended Complaint, with Jury Demand by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
August 12, 2020 Opinion or Order Filing 339 ANSWER to Complaint with Jury Demand (Answer to Amended Complaint of WestRock Company, et al.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
August 12, 2020 Opinion or Order Filing 338 ANSWER to #328 Amended Complaint, (WestRock Company) by BNSF RAILWAY COMPANY.(Stein, Linda)
August 11, 2020 Opinion or Order Filing 337 ANSWER to Complaint with Jury Demand of Central Transport International, Inc. by CSX TRANSPORTATION, INC..(Arteaga, Juan)
August 11, 2020 Opinion or Order Filing 336 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Central Transport International, Inc. et al. v. CSX Transportation, Inc. et al.) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
August 11, 2020 Opinion or Order Filing 335 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
August 11, 2020 Opinion or Order Filing 334 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
August 11, 2020 Opinion or Order Filing 333 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
August 11, 2020 Opinion or Order Filing 332 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
August 11, 2020 Opinion or Order MINUTE ORDER (paperless) NOTIFYING the parties that, pursuant to the Court's Standing Order 20-68 3, see id., In re Fourth Further Extension of Postponed Court Proceedings Due to Ongoing Exigent Circumstances Caused by COVID-19 Pandemic (available at # https://www.dcd.uscourts.gov/sites/dcd/files/COVID%2019%20Standing% 20Order%2020-68%20Fourth%20Further%20Extension%20of% 20Postponed%20Court%20Proceedings.pdf), the status conference scheduled for Wednesday, September 9 at 10:00 AM, shall occur via videoconference. Videoconference connection details will be provided to counsel by the deputy clerk. Signed by Chief Judge Beryl A. Howell on August 11, 2020. (lcbah3)
August 10, 2020 Opinion or Order Filing 331 ANSWER to Complaint with Jury Demand (Central Transport International, Inc.) by BNSF RAILWAY COMPANY.(Stein, Linda)
August 10, 2020 Opinion or Order Filing 330 ANSWER to Complaint with Jury Demand (BMW Manufacturing Co., LLC) by BNSF RAILWAY COMPANY.(Stein, Linda)
August 5, 2020 Opinion or Order Filing 329 NOTICE of Appearance by Ron Wray on behalf of NORFOLK SOUTHERN RAILWAY COMPANY (Attachments: #1 Exhibit Schedule of Cases)(Wray, Ron)
August 4, 2020 Opinion or Order Filing 328 AMENDED COMPLAINT against BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY with Jury Demand filed by SMURFIT-STONE CONTAINER CANADA INC, WESTROCK COATED BOARD, LLC, WESTROCK COMPANY, WESTROCK CONTAINER, LLC, WESTROCK CP, LLC, WESTROCK KRAFT PAPER, LLC, WESTROCK LONGVIEW, LLC, WESTROCK MINNESOTA CORPORATION, WESTROCK SOUTHEAST, LLC, WESTROCK TEXAS, L.P., WESTROCK VIRGINIA, LLC, WESTROCK-REX, LLC, WESTROCK-SOLVAY, LLC.(zrdj)
August 4, 2020 Opinion or Order Filing 327 NOTICE of Appearance by Matthew David Wood on behalf of BOISE CASCADE COMPANY, BOTTLING GROUP, LLC, COALSALES II, LLC, CONSOL ENERGY INC., CROWLEY LINER SERVICES, INC., CROWLEY LOGISTICS, INC., CROWLEY MARITIME CORPORATION, EQUISTAR CHEMICALS, LP, FRITO-LAY, INC., GRAND RIVER DAM AUTHORITY, J. R. SIMPLOT COMPANY, LANSING BOARD OF WATER AND LIGHT, LOTTE GLOBAL LOGISTICS (NORTH AMERICA), INC., LYONDELL CHEMICAL COMPANY, LYONDELLBASELL ACETYLS, LLC, METAL MANAGEMENT INDIANA, INC., METAL MANAGEMENT MEMPHIS, LLC, METAL MANAGEMENT MIDWEST, INC., METAL MANAGEMENT NORTHEAST, INC., METAL MANAGEMENT OHIO, INC., METAL MANAGEMENT PITTSBURGH, INC., METAL MANAGEMENT, INC., MILLERCOORS, LLC, PEABODY COALSALES, LLC, PEABODY COALTRADE, LLC, PEABODY COULTERVILLE MINING, LLC, PEABODY ENERGY CORPORATION, PEABODY INVESTMENTS CORP., PEABODY MIDWEST MINING LLC, PEABODY NATURAL RESOURCES COMPANY, PEABODY POWDER RIVER MINING LLC, ROSEBURG FOREST PRODUCTS CO., SCHIABO LAROVO CORPORATION, SIMS GROUP USA CORPORATION, SIMS GROUP USA HOLDINGS CORPORATION, SIMS SOUTHWEST CORPORATION, SIMSMETAL EAST LLC, SIMSMETAL WEST LLC, SMM NEW ENGLAND CORPORATION, SMM SOUTH CORPORATION, SMM SOUTHEAST LLC, SUZUKI MOTOR OF AMERICA, INC., TMS INTERNATIONAL, LLC, TOTAL PETROCHEMICALS & REFINING USA, INC., TRAMMO, INC., TRANSRAIL, INC., TROPICANA PRODUCTS, INC., TWENTYMILE COAL, LLC, U.S. SILICA COMPANY (Wood, Matthew)
August 4, 2020 Opinion or Order Filing 326 NOTICE of Appearance by Adam Carlis on behalf of BOISE CASCADE COMPANY, BOTTLING GROUP, LLC, COALSALES II, LLC, CONSOL ENERGY INC., CROWLEY LINER SERVICES, INC., CROWLEY LOGISTICS, INC., CROWLEY MARITIME CORPORATION, FRITO-LAY, INC., GRAND RIVER DAM AUTHORITY, J. R. SIMPLOT COMPANY, LANSING BOARD OF WATER AND LIGHT, LOTTE GLOBAL LOGISTICS (NORTH AMERICA), INC., METAL MANAGEMENT INDIANA, INC., METAL MANAGEMENT MEMPHIS, LLC, METAL MANAGEMENT MIDWEST, INC., METAL MANAGEMENT NORTHEAST, INC., METAL MANAGEMENT OHIO, INC., METAL MANAGEMENT PITTSBURGH, INC., METAL MANAGEMENT, INC., MILLERCOORS, LLC, PEABODY COALSALES, LLC, PEABODY COALTRADE, LLC, PEABODY COULTERVILLE MINING, LLC, PEABODY ENERGY CORPORATION, PEABODY INVESTMENTS CORP., PEABODY MIDWEST MINING LLC, PEABODY NATURAL RESOURCES COMPANY, PEABODY POWDER RIVER MINING LLC, ROSEBURG FOREST PRODUCTS CO., SCHIABO LAROVO CORPORATION, SIMS GROUP USA CORPORATION, SIMS GROUP USA HOLDINGS CORPORATION, SIMS SOUTHWEST CORPORATION, SIMSMETAL EAST LLC, SIMSMETAL WEST LLC, SMM NEW ENGLAND CORPORATION, SMM SOUTH CORPORATION, SMM SOUTHEAST LLC, SUZUKI MOTOR OF AMERICA, INC., TMS INTERNATIONAL, LLC, TOTAL PETROCHEMICALS & REFINING USA, INC., TRAMMO, INC., TRANSRAIL, INC., TROPICANA PRODUCTS, INC., TWENTYMILE COAL, LLC, U.S. SILICA COMPANY (Carlis, Adam)
August 3, 2020 Opinion or Order Filing 325 NOTICE of Appearance by Shawn L. Raymond on behalf of BOISE CASCADE COMPANY, BOTTLING GROUP, LLC, COALSALES II, LLC, CONSOL ENERGY INC., CROWLEY LINER SERVICES, INC., CROWLEY LOGISTICS, INC., CROWLEY MARITIME CORPORATION, FRITO-LAY, INC., GRAND RIVER DAM AUTHORITY, J. R. SIMPLOT COMPANY, LANSING BOARD OF WATER AND LIGHT, LOTTE GLOBAL LOGISTICS (NORTH AMERICA), INC., METAL MANAGEMENT INDIANA, INC., METAL MANAGEMENT MEMPHIS, LLC, METAL MANAGEMENT MIDWEST, INC., METAL MANAGEMENT NORTHEAST, INC., METAL MANAGEMENT OHIO, INC., METAL MANAGEMENT PITTSBURGH, INC., METAL MANAGEMENT, INC., MILLERCOORS, LLC, PEABODY COALSALES, LLC, PEABODY COALTRADE, LLC, PEABODY COULTERVILLE MINING, LLC, PEABODY ENERGY CORPORATION, PEABODY INVESTMENTS CORP., PEABODY MIDWEST MINING LLC, PEABODY NATURAL RESOURCES COMPANY, PEABODY POWDER RIVER MINING LLC, ROSEBURG FOREST PRODUCTS CO., SCHIABO LAROVO CORPORATION, SIMS GROUP USA CORPORATION, SIMS GROUP USA HOLDINGS CORPORATION, SIMS SOUTHWEST CORPORATION, SIMSMETAL EAST LLC, SIMSMETAL WEST LLC, SMM NEW ENGLAND CORPORATION, SMM SOUTH CORPORATION, SMM SOUTHEAST LLC, SUZUKI MOTOR OF AMERICA, INC., TMS INTERNATIONAL, LLC, TOTAL PETROCHEMICALS & REFINING USA, INC., TRAMMO, INC., TRANSRAIL, INC., TROPICANA PRODUCTS, INC., TWENTYMILE COAL, LLC, U.S. SILICA COMPANY (Raymond, Shawn)
July 31, 2020 Opinion or Order Filing 324 NOTICE of Appearance by Catriona Lavery on behalf of BOISE CASCADE COMPANY, CONSOL ENERGY INC., CROWLEY MARITIME CORPORATION, GRAND RIVER DAM AUTHORITY, J. R. SIMPLOT COMPANY, LANSING BOARD OF WATER AND LIGHT, LOTTE GLOBAL LOGISTICS (NORTH AMERICA), INC., LYONDELL CHEMICAL COMPANY, MILLERCOORS, LLC, PEABODY INVESTMENTS CORP., ROSEBURG FOREST PRODUCTS CO., SIMS GROUP USA HOLDINGS CORPORATION, SUZUKI MOTOR OF AMERICA, INC., TMS INTERNATIONAL, LLC, TOTAL PETROCHEMICALS & REFINING USA, INC., TRAMMO, INC., TROPICANA PRODUCTS, INC., U.S. SILICA COMPANY (Lavery, Catriona)
July 31, 2020 Opinion or Order Filing 323 NOTICE of Appearance by Geoffrey L. Harrison on behalf of BOISE CASCADE COMPANY, BOTTLING GROUP, LLC, COALSALES II, LLC, CONSOL ENERGY INC., CROWLEY LINER SERVICES, INC., CROWLEY LOGISTICS, INC., CROWLEY MARITIME CORPORATION, FRITO-LAY, INC., GRAND RIVER DAM AUTHORITY, J. R. SIMPLOT COMPANY, LANSING BOARD OF WATER AND LIGHT, LOTTE GLOBAL LOGISTICS (NORTH AMERICA), INC., METAL MANAGEMENT INDIANA, INC., METAL MANAGEMENT MEMPHIS, LLC, METAL MANAGEMENT MIDWEST, INC., METAL MANAGEMENT NORTHEAST, INC., METAL MANAGEMENT OHIO, INC., METAL MANAGEMENT PITTSBURGH, INC., METAL MANAGEMENT, INC., MILLERCOORS, LLC, PEABODY COALSALES, LLC, PEABODY COALTRADE, LLC, PEABODY COULTERVILLE MINING, LLC, PEABODY ENERGY CORPORATION, PEABODY INVESTMENTS CORP., PEABODY MIDWEST MINING LLC, PEABODY NATURAL RESOURCES COMPANY, PEABODY POWDER RIVER MINING LLC, ROSEBURG FOREST PRODUCTS CO., SCHIABO LAROVO CORPORATION, SIMS GROUP USA CORPORATION, SIMS GROUP USA HOLDINGS CORPORATION, SIMS SOUTHWEST CORPORATION, SIMSMETAL EAST LLC, SIMSMETAL WEST LLC, SMM NEW ENGLAND CORPORATION, SMM SOUTH CORPORATION, SMM SOUTHEAST LLC, SUZUKI MOTOR OF AMERICA, INC., TMS INTERNATIONAL, LLC, TRAMMO, INC., TRANSRAIL, INC., TROPICANA PRODUCTS, INC., TWENTYMILE COAL, LLC, U.S. SILICA COMPANY (Harrison, Geoffrey)
July 31, 2020 Opinion or Order Filing 322 NOTICE of Appearance by Roger L. Ediger on behalf of GRAND RIVER DAM AUTHORITY, J. R. SIMPLOT COMPANY (Ediger, Roger)
July 31, 2020 Opinion or Order Filing 321 NOTICE of Appearance by Larry D. Lahman on behalf of GRAND RIVER DAM AUTHORITY, J. R. SIMPLOT COMPANY (Lahman, Larry)
July 29, 2020 Opinion or Order Filing 320 NOTICE (Notice of Withdrawal of Pamela S. Brantley's Appearance) by NORFOLK SOUTHERN RAILWAY COMPANY (Reinhart, Tara)
July 29, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING the plaintiffs' unopposed #319 Motion to Amend Complaint, and DIRECTING the Clerk to amend the docket to remove WestRock Company of Canada Corp./Compagnie WestRock du Canada Corp. as a plaintiff in this action, to amend the docket to add Smurfit-Stone Container Canada, Inc. as a plaintiff in this action, and to docket the plaintiffs' Amended Complaint, attached as Exhibit B to the plaintiffs' motion. Signed by Chief Judge Beryl A. Howell on July 29, 2020. (lcbah3)
July 28, 2020 Opinion or Order Filing 319 MOTION to Amend/Correct Complaint by WESTROCK COMPANY (Attachments: #1 Exhibit Proposed Order, #2 Exhibit Amended Complaint, #3 Exhibit Redline)(Neuwirth, Stephen)
July 28, 2020 Opinion or Order Filing 318 REPLY to opposition to motion re #257 MOTION to Dismiss (Defendants' Motion for Partial Dismissal of Plaintiffs' Amended Complaint) filed by NORFOLK SOUTHERN RAILWAY COMPANY. (Reinhart, Tara)
July 28, 2020 Opinion or Order Filing 317 NOTICE of Appearance by David Matthew Wells on behalf of CSX TRANSPORTATION, INC. (Wells, David)
July 28, 2020 Opinion or Order Filing 316 NOTICE of Appearance by Anne Coxe Mesrobian on behalf of CSX TRANSPORTATION, INC. (Mesrobian, Anne)
July 27, 2020 Opinion or Order Filing 315 NOTICE of Appearance by William Hagan, III on behalf of Air Products And Chemicals, Inc. (Hagan, William)
July 27, 2020 Opinion or Order Filing 314 NOTICE of Appearance by Fletcher Strong on behalf of Air Products And Chemicals, Inc. (Strong, Fletcher)
July 27, 2020 Opinion or Order Filing 313 NOTICE of Appearance by Ronald J. Aranoff on behalf of Air Products And Chemicals, Inc. (Aranoff, Ronald)
July 27, 2020 Opinion or Order Filing 312 ORDER DESIGNATING Liaison Counsel for plaintiffs. See Order for further details. Signed by Chief Judge Beryl A. Howell on July 27, 2020. (lcbah3)
July 24, 2020 Opinion or Order Filing 311 ANSWER to Complaint with Jury Demand (Lehigh Hanson, Inc.) by BNSF RAILWAY COMPANY.(Stein, Linda)
July 22, 2020 Opinion or Order Filing 310 CONDITIONAL TRANSFER ORDER (CTO-12) dated 7/22/2020 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407.(MDL 2925)(ztnr)
July 21, 2020 Opinion or Order Filing 309 REPLY to opposition to motion re #196 MOTION to Dismiss Nippon Yusen Kabushiki Kaisha Complaint MOTION to Strike Complaint of Plaintiff Nippon Yusen Kabushiki Kaisha filed by BNSF RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY. (Stein, Linda)
July 21, 2020 Opinion or Order Filing 308 REPLY to opposition to motion re #200 MOTION to Dismiss Kawasaki Kisen Kaisha and Yang Ming Marine Transport Corp. Complaints MOTION to Strike Complaints of Plaintiffs Kawasaki and Yang Ming filed by BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY. (Stein, Linda)
July 15, 2020 Opinion or Order Filing 307 NOTICE of Appearance by Jeremy Suhr on behalf of J.M. SMUCKER COMPANY, ANHEUSER-BUSCH COMPANIES LLC, ANHEUSER-BUSCH, LLC (Suhr, Jeremy)
July 14, 2020 Opinion or Order Filing 306 Memorandum in opposition to re #257 MOTION to Dismiss (Defendants' Motion for Partial Dismissal of Plaintiffs' Amended Complaint) filed by ANHEUSER-BUSCH COMPANIES LLC, ANHEUSER-BUSCH, LLC. (Attachments: #1 Declaration Wallach Declaration, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order Proposed Order)(Wallach, Brian)
July 14, 2020 Opinion or Order Filing 305 Memorandum in opposition to re #196 MOTION to Dismiss Nippon Yusen Kabushiki Kaisha Complaint MOTION to Strike filed by NIPPON YUSEN KABUSHIKI KAISHA, NYK LINE (NORTH AMERICA), INC.. (Attachments: #1 Text of Proposed Order)(Braun, Robert)
July 14, 2020 Opinion or Order Filing 304 NOTICE of Proposed Order by KAWASAKI KISEN KAISHA, LTD., YANG MING (AMERICA) CORP., YANG MING MARINE TRANSPORT CORP., "K" LINE AMERICA, INC. re #294 Memorandum in Opposition, (Braun, Robert)
July 14, 2020 Opinion or Order MINUTE ORDER (paperless) DENYING, upon consideration of the defendants' #303 Statement in Response to July 9, 2020 Minute Order, the plaintiffs' #295 Protective Motion to Seal Temporarily Their Opposition to the UP and BNSF Defendants' Motion to Dismiss; and DIRECTING the plaintiffs to refile their opposition to the defendants' motion to dismiss on the public docket. Signed by Chief Judge Beryl A. Howell on July 14, 2020. (lcbah3)
July 13, 2020 Opinion or Order Filing 303 RESPONSE TO ORDER OF THE COURT re Order, Directing UP and BNSF to Advise the Court of Their Position on the Necessity, or Not, of Sealing Plaintiffs Opposition to UPs and BNSFs Motion to Dismiss filed by BNSF RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY. (Wall, Daniel)
July 13, 2020 Opinion or Order Filing 302 ANSWER to Complaint with Jury Demand of Crowley Maritime Corporation by CSX TRANSPORTATION, INC..(Arteaga, Juan)
July 13, 2020 Opinion or Order Filing 301 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Crowley Maritime Corporation) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
July 13, 2020 Opinion or Order Filing 300 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
July 13, 2020 Opinion or Order Filing 299 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
July 13, 2020 Opinion or Order Filing 298 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
July 13, 2020 Opinion or Order Filing 297 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
July 10, 2020 Opinion or Order Set/Reset Deadlines: Response to Order of the Court due by 7/13/2020. (ztg)
July 9, 2020 Opinion or Order MINUTE ORDER (paperless) DIRECTING the relevant parties to confer about #295 NYK Plaintiffs' Protective Motion to Seal Temporarily Their Opposition to the UP and BNSF Defendants' Motion to Dismiss, Or, in the Alternative, Motion to Strike; and FURTHER DIRECTING the UP and BNSF Defendants, by July 13, 2020, to advise the Court of their position on the necessity, or not, of sealing the material at issue. Signed by Chief Judge Beryl A. Howell on July 9, 2020. (lcbah3)
July 8, 2020 Opinion or Order Filing 296 NOTICE OF WITHDRAWAL OF APPEARANCE as to GEORGIA POWER COMPANY, MISSISSIPPI POWER COMPANY, NORTHERN INDIANA PUBLIC SERVICE COMPANY LLC, UNION ELECTRIC COMPANY, ALABAMA POWER COMPANY, AMEREN DEVELOPMENT COMPANY. Attorney Daniel Ferrel McInnis terminated. (Wilson, David)
July 7, 2020 Opinion or Order Filing 295 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by NIPPON YUSEN KABUSHIKI KAISHA, NYK LINE (NORTH AMERICA), INC. (This document is SEALED and only available to authorized persons.) (Attachments: #1 SEALED Opposition to the UP and BNSF Defendants Motion to Dismiss Or, In the Alternative, Motion to Strike, #2 Proposed Order)(Braun, Robert)
July 7, 2020 Opinion or Order Filing 294 Memorandum in opposition to re #200 MOTION to Dismiss Kawasaki Kisen Kaisha and Yang Ming Marine Transport Corp. Complaints MOTION to Strike filed by KAWASAKI KISEN KAISHA, LTD., YANG MING (AMERICA) CORP., YANG MING MARINE TRANSPORT CORP., "K" LINE AMERICA, INC.. (Braun, Robert)
July 7, 2020 Opinion or Order Filing 293 NOTICE of Change of Address by Conte Cicala (Cicala, Conte)
July 2, 2020 Opinion or Order Filing 292 ANSWER to Complaint with Jury Demand (Crowley Maritime Corporation) by BNSF RAILWAY COMPANY.(Stein, Linda)
July 2, 2020 Opinion or Order Filing 291 ANSWER to Complaint with Jury Demand of Lehigh Hanson, Inc. by CSX TRANSPORTATION, INC..(Arteaga, Juan)
July 2, 2020 Opinion or Order Filing 290 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Lehigh Hanson, Inc. v. BNSF Railway Co.) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
July 2, 2020 Opinion or Order Filing 289 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
July 2, 2020 Opinion or Order Filing 288 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
July 2, 2020 Opinion or Order Filing 287 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
July 2, 2020 Opinion or Order Filing 286 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
July 2, 2020 Opinion or Order Filing 285 ANSWER to Complaint with Jury Demand (Crowley Maritime Corporation) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
July 1, 2020 Opinion or Order Filing 284 NOTICE Notice of Firm Name Change and email address change by BRADY MCCASLAND, INC., LANSING ETHANOL SERVICES, LLC, LANSING GRAIN CO., LANSING TRADE GROUP, LLC., LANSING VERMONT, INC., LANSING-LOUISIANA, LLC, ANDERSONS, INC. (May, Kirk)
June 30, 2020 Opinion or Order Filing 283 ORDER regarding discovery of electronically stored information. Signed by Chief Judge Beryl A. Howell on June 30, 2020. (lcbah3)
June 30, 2020 Opinion or Order Filing 282 ANSWER to Complaint with Jury Demand (Lehigh Hanson, Inc.) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 30, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #281 Joint Motion for Entry of Stipulated ESI Protocol. Signed by Chief Judge Beryl A. Howell on June 30, 2020. (lcbah3)
June 26, 2020 Opinion or Order Filing 281 Joint MOTION for Order for Entry of Stipulated ESI Protocol by GEORGIA POWER COMPANY, MISSISSIPPI POWER COMPANY, NORTHERN INDIANA PUBLIC SERVICE COMPANY LLC, UNION ELECTRIC COMPANY, ALABAMA POWER COMPANY, AMEREN DEVELOPMENT COMPANY (Attachments: #1 Text of Proposed Order)(Brown, Sandra)
June 24, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING the parties' #280 Joint Motion for Further Extension of Time. Accordingly, the parties shall submit an agreed-upon protocol for production of electronically stored information by June 26, 2020. Signed by Chief Judge Beryl A. Howell on June 24, 2020. (lcbah3)
June 24, 2020 Opinion or Order Set/Reset Deadlines: Submission of an agreed-upon protocol for production of electronically stored information due by 6/26/2020. (ztg)
June 23, 2020 Opinion or Order Filing 280 Joint MOTION for Extension of Time to file an agreed-upon protocol for Production of Electronically Stored Information ("ESI Protocol") by GEORGIA POWER COMPANY, MISSISSIPPI POWER COMPANY, NORTHERN INDIANA PUBLIC SERVICE COMPANY LLC, UNION ELECTRIC COMPANY, ALABAMA POWER COMPANY, AMEREN DEVELOPMENT COMPANY (Brown, Sandra)
June 22, 2020 Opinion or Order Set/Reset Deadlines: Plaintiff's response to dispositive motion due by 7/14/2020; reply due by 7/28/2020. (ztg)
June 19, 2020 Opinion or Order Filing 279 NOTICE of Appearance by Michaela Wallin on behalf of CENTURY ALUMINUM COMPANY, CENTURY ALUMINUM OF KENTUCKY, GP, CENTURY ALUMINUM OF SOUTH CAROLINA, INC, CENTURY ALUMINUM OF WEST VIRGINIA, INC., HIGH LEVEL MANAGEMENT VENTURERS, NSA, GP (Wallin, Michaela)
June 19, 2020 Opinion or Order Filing 278 Joint MOTION for Extension of Time to File Opposition and Any Reply re Partial Motion to Dismiss by ANHEUSER-BUSCH COMPANIES LLC, ANHEUSER-BUSCH, LLC (Attachments: #1 Text of Proposed Order Proposed Order)(Wallach, Brian)
June 19, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #278 Stipulated Motion Regarding Briefing Schedule for Defendants' Motion for Partial Dismissal of Plaintiff's Amended Complaint. Accordingly, the plaintiff shall file its opposition to the defendants' motion to dismiss by July 14, 2020, and the defendants shall file their reply by July 28, 2020. Signed by Chief Judge Beryl A. Howell on June 19, 2020. (lcbah3)
June 17, 2020 Opinion or Order Filing 277 ANSWER to Complaint with Jury Demand (Ravago Americas LLC) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 17, 2020 Opinion or Order Filing 276 ANSWER to Complaint with Jury Demand of Ravago Americas LLC, et al. by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 17, 2020 Opinion or Order Filing 275 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Ravago Americas LLC) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
June 17, 2020 Opinion or Order Filing 274 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
June 17, 2020 Opinion or Order Filing 273 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
June 17, 2020 Opinion or Order Filing 272 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
June 17, 2020 Opinion or Order Filing 271 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
June 17, 2020 Opinion or Order Filing 270 ANSWER to Complaint with Jury Demand (Ravago Americas LLC et al.) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
June 17, 2020 Opinion or Order Filing 269 ANSWER to Complaint with Jury Demand (Ravago Americas LLC) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 17, 2020 Opinion or Order Filing 268 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Ravago Americas LLC) by BNSF RAILWAY COMPANY (Stein, Linda)
June 15, 2020 Opinion or Order Filing 267 Joint MOTION for Extension of Time to File ESI Protocol by MISSISSIPPI POWER COMPANY, NORTHERN INDIANA PUBLIC SERVICE COMPANY LLC, UNION ELECTRIC COMPANY, ALABAMA POWER COMPANY, AMEREN DEVELOPMENT COMPANY (Brown, Sandra)
June 15, 2020 Opinion or Order Filing 266 NOTICE OF WITHDRAWAL OF APPEARANCE as to DOMINION ENERGY FUEL SERVICES, INC., DOMINION ENERGY SOUTH CAROLINA, INC., VIRGINIA ELECTRIC AND POWER COMPANY. Attorney Tara M. Lee terminated. (Rashid, Sami)
June 12, 2020 Opinion or Order Filing 265 ANSWER to #248 Amended Complaint (Anheuser-Busch, LLC and Anheuser-Busch Companies, LLC) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 12, 2020 Opinion or Order Filing 264 ANSWER to #249 Amended Complaint (J.M. Smucker) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 12, 2020 Opinion or Order Filing 263 ANSWER to #248 Amended Complaint (Anheuser-Busch) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 12, 2020 Opinion or Order Filing 262 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CSX TRANSPORTATION, INC. (Wells, David)
June 12, 2020 Opinion or Order Filing 261 CSX Transportation, Inc.'s ANSWER to #249 Amended Complaint of The J.M. Smucker Company by CSX TRANSPORTATION, INC..(Wells, David)
June 12, 2020 Opinion or Order Filing 260 ANSWER to #5 Amended Complaint by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 12, 2020 Opinion or Order Filing 259 ANSWER to #248 Amended Complaint of Plaintiffs Anheuser-Busch, LLC and Anheuser-Busch Companies, LLC by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 12, 2020 Opinion or Order Filing 258 ANSWER to #248 Amended Complaint by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 12, 2020 Opinion or Order Filing 257 MOTION to Dismiss (Defendants' Motion for Partial Dismissal of Plaintiffs' Amended Complaint) by NORFOLK SOUTHERN RAILWAY COMPANY (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Reinhart, Tara)
June 12, 2020 Opinion or Order Filing 256 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Anheuser-Busch, LLC, ArcelorMittal USA LLC, Genon Energy Management, Gerdau Ameristeel Corporation, International Paper Company) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
June 12, 2020 Opinion or Order Filing 255 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
June 12, 2020 Opinion or Order Filing 254 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
June 12, 2020 Opinion or Order Filing 253 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
June 12, 2020 Opinion or Order Filing 252 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
June 12, 2020 Opinion or Order Filing 251 ANSWER to #249 Amended Complaint of The J.M. Smucker Company by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
June 12, 2020 Opinion or Order Filing 250 NOTICE of Appearance by Michael Dell'Angelo on behalf of CENTURY ALUMINUM COMPANY, CENTURY ALUMINUM OF KENTUCKY, GP, CENTURY ALUMINUM OF SOUTH CAROLINA, INC, CENTURY ALUMINUM OF WEST VIRGINIA, INC., HIGH LEVEL MANAGEMENT VENTURERS, NSA, GP (Dell'Angelo, Michael)
June 11, 2020 Opinion or Order Filing 249 AMENDED COMPLAINT against UNION PACIFIC RAILROAD COMPANY filed by J.M. SMUCKER COMPANY.(zrdj)
June 11, 2020 Opinion or Order Filing 248 AMENDED COMPLAINT against BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY with Jury Demand filed by ANHEUSER-BUSCH COMPANIES LLC, ANHEUSER-BUSCH, LLC.(zrdj)
June 11, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING plaintiffs Anheuser-Busch, LLC and Anheuser-Busch Companies, LLC's #187 Stipulated Motion Regarding Amended Complaint; and DIRECTING the Clerk to docket the plaintiffs' Amended Complaint, attached as Exhibit B to the plaintiffs' motion. Signed by Chief Judge Beryl A. Howell on June 11, 2020. (lcbah3)
June 11, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING plaintiff J.M. Smucker Company's #189 Stipulated Motion Regarding Amended Complaint; and DIRECTING the Clerk to docket the plaintiff's Amended Complaint, attached as Exhibit B to the plaintiff's motion. Signed by Chief Judge Beryl A. Howell on June 11, 2020. (lcbah3)
June 10, 2020 Opinion or Order Filing 247 CONSOLIDATED PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on June 10, 2020. (lcbah3)
June 10, 2020 Opinion or Order Filing 246 ANSWER to Complaint by BNSF RAILWAY COMPANY.(zrdj)
June 10, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING defendant BNSF Railway Company's #183 Unopposed Motion to Amend its Answer to Plaintiff's Complaint; and DIRECTING the Clerk to docket the defendant's Amended Answer, attached as Exhibit B to the defendant's motion. Signed by Chief Judge Beryl A. Howell on June 10, 2020. (lcbah3)
June 10, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING the parties' #245 Joint Motion for Entry of Stipulated Consolidated Protective Order. Signed by Chief Judge Beryl A. Howell on June 10, 2020. (lcbah3)
June 8, 2020 Opinion or Order Filing 245 Joint MOTION for Protective Order - Joint Motion for Entry of Stipulated Consolidated Protective Order by TRAMMO, INC. (Attachments: #1 Exhibit 1)(Gosselin, Sathya)
June 8, 2020 Opinion or Order Filing 244 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
June 8, 2020 Opinion or Order Filing 243 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
June 8, 2020 Opinion or Order Filing 242 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
June 8, 2020 Opinion or Order Filing 241 NOTICE of Appearance by Kent Alan Gardiner on behalf of CSX TRANSPORTATION, INC. (Gardiner, Kent)
June 5, 2020 Opinion or Order Filing 240 ANSWER to Complaint with Jury Demand (Yang Ming Marine Transportation Corp., et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 239 ANSWER to Complaint with Jury Demand (Kawasaki Kisen Kaisha, LTD) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 238 ANSWER to Complaint with Jury Demand (Trammo, Inc., et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 237 ANSWER to Complaint with Jury Demand (MillerCoors LLC) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 236 ANSWER to Complaint with Jury Demand (Sims Group USA Holdings Corporation et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 235 ANSWER to Complaint with Jury Demand (Century Aluminum Company) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 234 ANSWER to Complaint with Jury Demand (J.R. Simplot Company) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 233 ANSWER to Complaint with Jury Demand (High Level Management Ventures) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 232 ANSWER to Complaint with Jury Demand (U.S. Silica Company) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 231 ANSWER to Complaint with Jury Demand (Tropicana Products, Inc., et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 230 ANSWER to Complaint with Jury Demand (Suzuki Motor of America, Inc.) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 229 ANSWER to Complaint with Jury Demand (Roseburg Forest Products Co.) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 228 ANSWER to Complaint with Jury Demand (Peabody Investments Corp., et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 227 ANSWER to Complaint with Jury Demand (Newell Recycling Southeast, LLC) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 226 ANSWER to Complaint with Jury Demand (Grand River Dam Authority) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 225 ANSWER to Complaint with Jury Demand (Grain Craft, Inc., et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 224 ANSWER to Complaint with Jury Demand (United Parcel Service, Inc., et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 223 ANSWER to Complaint with Jury Demand (Shell Chemical LP, et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 222 ANSWER to Complaint with Jury Demand (Toyota Motor Sales, U.S.A., Inc., et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 221 ANSWER to Complaint with Jury Demand (Mitsui O.S.K. Lines, LTD) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 220 ANSWER to Complaint with Jury Demand (The Procter & Gamble Company, et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 219 ANSWER to Complaint with Jury Demand (High Level Management Ventures) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 218 ANSWER to Complaint with Jury Demand (Century Aluminum Company, et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 217 ANSWER to Complaint with Jury Demand (Calportland Company) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 216 ANSWER to Complaint with Jury Demand (Nippon Yusen Kabushiki Kaisha, et al) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 215 ANSWER to Complaint with Jury Demand (Domino Foods, Inc.) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 214 ANSWER to Complaint with Jury Demand (Lansing Ethanol Servs., LLC) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 213 ANSWER to Complaint with Jury Demand (Brady McCasland, Inc.) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 212 ANSWER to Complaint with Jury Demand (Lyondell Chemical Company) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 211 ANSWER to Complaint with Jury Demand (NorFalco LLC) by NORFOLK SOUTHERN RAILWAY COMPANY.(Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 210 CERTIFICATE OF SERVICE by J.M. SMUCKER COMPANY [Rule 26(a)(1) Disclosures]. (Boulware, Brandon)
June 5, 2020 Opinion or Order Filing 209 CERTIFICATE OF SERVICE by BRADY MCCASLAND, INC., LANSING ETHANOL SERVICES, LLC, LANSING GRAIN CO., LANSING TRADE GROUP, LLC., LANSING VERMONT, INC., LANSING-LOUISIANA, LLC, ANDERSON, INC. Rule 26(a)(1) Initial Disclosures. (Helms, David)
June 5, 2020 Opinion or Order Filing 208 ANSWER to Complaint with Jury Demand (Brady McCasland, Inc.) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 5, 2020 Opinion or Order Filing 207 ANSWER to Complaint with Jury Demand (Yang Ming Marine Transport Corp.) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 5, 2020 Opinion or Order Filing 206 ANSWER to Complaint with Jury Demand (Kawasaki Kisen Kaisha, Ltd.) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 5, 2020 Opinion or Order Filing 205 ANSWER to Complaint with Jury Demand (Lansing Ethanol Services LLC) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
June 5, 2020 Opinion or Order Filing 204 ANSWER to Complaint with Jury Demand (Century Aluminum Co.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 203 ANSWER to Complaint with Jury Demand (High Level Management Venturers) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 202 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CSX TRANSPORTATION, INC. (Wells, David)
June 5, 2020 Opinion or Order Filing 201 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (Century Aluminum Company and High Level Management Venturers) by CSX TRANSPORTATION, INC. (Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 200 MOTION to Dismiss Kawasaki Kisen Kaisha and Yang Ming Marine Transport Corp. Complaints by BNSF RAILWAY COMPANY (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Stein, Linda). Added MOTION to Strike on 6/9/2020 (znmw).
June 5, 2020 Opinion or Order Filing 199 ANSWER to Complaint with Jury Demand (Century Aluminum Company) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 5, 2020 Opinion or Order Filing 198 ANSWER to Complaint with Jury Demand (Shell Chemical, LP) by CSX TRANSPORTATION, INC..(Wells, David)
June 5, 2020 Opinion or Order Filing 197 ANSWER to Complaint with Jury Demand (High Level Management Venturers) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 5, 2020 Opinion or Order Filing 196 MOTION to Dismiss Nippon Yusen Kabushiki Kaisha Complaint by BNSF RAILWAY COMPANY (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Stein, Linda). Added MOTION to Strike on 6/9/2020 (znmw).
June 5, 2020 Opinion or Order Filing 195 ANSWER to Complaint with Jury Demand (Lansing Ethanol Services, LLC) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 194 ANSWER to Complaint with Jury Demand (Brady McCasland, Inc.) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 193 ANSWER to Complaint with Jury Demand (Yang Ming Marine Transport Corp) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 192 ANSWER to Complaint with Jury Demand (The Procter & Gamble Company) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 191 ANSWER to Complaint with Jury Demand (Kawasaki Kisen Kaisha, Ltd. and K Line America, Inc.) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 190 ANSWER to Complaint with Jury Demand (CalPortland Company) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 189 MOTION to Amend/Correct [Stipulated Motion] by J.M. SMUCKER COMPANY (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order [Proposed Order])(Boulware, Brandon)
June 5, 2020 Opinion or Order Filing 188 NOTICE of Appearance by Michael J. Kane on behalf of CENTURY ALUMINUM COMPANY, CENTURY ALUMINUM OF KENTUCKY, GP, CENTURY ALUMINUM OF SOUTH CAROLINA, INC, CENTURY ALUMINUM OF WEST VIRGINIA, INC., HIGH LEVEL MANAGEMENT VENTURERS, NSA, GP (Kane, Michael)
June 5, 2020 Opinion or Order Filing 187 MOTION to Amend/Correct Complaint by ANHEUSER-BUSCH COMPANIES LLC, ANHEUSER-BUSCH, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order Proposed Order)(Wallach, Brian)
June 5, 2020 Opinion or Order Filing 186 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NORFOLK SOUTHERN RAILWAY COMPANY (Reinhart, Tara)
June 5, 2020 Opinion or Order Filing 185 ANSWER to Complaint with Jury Demand (Mitsui O.S.K. Lines, Ltd.) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 5, 2020 Opinion or Order Filing 184 ANSWER to Complaint with Jury Demand (Calportland Company) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 5, 2020 Opinion or Order Filing 183 MOTION to Amend/Correct Answer to Complaint (TMS International, LLC) by BNSF RAILWAY COMPANY (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Amended Answer, #3 Exhibit C - Amended Answer Redline)(Stein, Linda)
June 5, 2020 Opinion or Order Filing 182 ANSWER to #5 Amended Complaint (Toyota Motor Sales, U.S.A., Inc.) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 181 ANSWER to Complaint with Jury Demand (Trammo, Inc.) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
June 5, 2020 Opinion or Order Filing 180 ANSWER to Complaint with Jury Demand (Total Petrochemicals & Refining USA, Inc.) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
June 5, 2020 Opinion or Order Filing 179 ANSWER to Complaint with Jury Demand (United Parcel Service, Inc.) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 178 ANSWER to Complaint with Jury Demand (Trammo, Inc.) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 177 ANSWER to Complaint with Jury Demand (Shell Chemical LP) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 176 ANSWER to Complaint with Jury Demand (Shell Chemical LP) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
June 5, 2020 Opinion or Order Filing 175 ANSWER to Complaint with Jury Demand (Norfalco LLC) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 174 ANSWER to Complaint with Jury Demand (NorFalco LLC) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
June 5, 2020 Opinion or Order Filing 173 ANSWER to Complaint with Jury Demand (Lyondell Chemical Company) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 172 ANSWER to Complaint with Jury Demand (Lyondell Chemical Company) by UNION PACIFIC RAILROAD COMPANY.(Childress, Tyrone)
June 5, 2020 Opinion or Order Filing 171 ANSWER to Complaint with Jury Demand (Grain Crafts, Inc.) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 170 ANSWER to Complaint with Jury Demand (Domino Foods, Inc.) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 169 ANSWER to Complaint with Jury Demand (Cemex, Inc.) by BNSF RAILWAY COMPANY.(Stein, Linda)
June 5, 2020 Opinion or Order Filing 168 ANSWER to Complaint with Jury Demand (Procter & Gamble Co.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 167 ANSWER to Complaint with Jury Demand (Yang Ming Marine) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 166 ANSWER to Complaint with Jury Demand (Kawasaki Kisen Kaisha) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 165 ANSWER to Complaint with Jury Demand (Nippon Yusen) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 164 ANSWER to Complaint with Jury Demand (Norfalco LLC) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 163 ANSWER to Complaint with Jury Demand (Lyondell Chemical) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 162 ANSWER to Complaint with Jury Demand (Calportland Co.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 161 ANSWER to Complaint with Jury Demand (Cemex, Inc.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 160 ANSWER to Complaint with Jury Demand (Lansing Ethanol Services) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 159 ANSWER to Complaint with Jury Demand (Brady McCasland) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 158 CONDITIONAL TRANSFER ORDER (CTO-11) dated 6/5/2020 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407.(MDL 2925)(ztnr)
June 5, 2020 Opinion or Order Filing 157 ANSWER to #5 Amended Complaint (Toyota Motor Sales) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 156 ANSWER to Complaint with Jury Demand (Mitsui OSK) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 155 ANSWER to Complaint with Jury Demand (Domino Foods, Inc.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 154 ANSWER to Complaint with Jury Demand (U.S. Silica Company) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 153 ANSWER to Complaint with Jury Demand (Trammo, Inc.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 152 ANSWER to Complaint with Jury Demand (Suzuki Motor of America) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 151 ANSWER to Complaint with Jury Demand (Sims Group USA) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 150 ANSWER to Complaint with Jury Demand (Roseburg Forest Products) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 149 ANSWER to Complaint with Jury Demand (Newell Recycling) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 148 ANSWER to Complaint with Jury Demand (Grand River Dam Authority) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 147 ANSWER to Complaint with Jury Demand (J.R. Simplot Co.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 146 ANSWER to #5 Amended Complaint by UNION PACIFIC RAILROAD COMPANY.(Collette, Matthew)
June 5, 2020 Opinion or Order Filing 145 ANSWER to Complaint with Jury Demand (NLMK USA, Inc.) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 144 ANSWER to Complaint with Jury Demand (United Parcel Service) by CSX TRANSPORTATION, INC..(Arteaga, Juan)
June 5, 2020 Opinion or Order Filing 143 ANSWER to #56 AMENDED COMPLAINT against BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, AND UNION PACIFIC RAILROAD COMPANY with Jury by CSX TRANSPORTATION, INC. (Arteaga, Juan) Modified on 6/5/2020 to correct docket link (JF)
June 5, 2020 Opinion or Order Filing 142 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CSX TRANSPORTATION, INC. (Arteaga, Juan)
June 4, 2020 Opinion or Order Filing 141 ANSWER to Complaint with Jury Demand (United Parcel Service, Inc.) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 4, 2020 Opinion or Order Filing 140 ANSWER to Complaint with Jury Demand (Procter & Gamble Company) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 4, 2020 Opinion or Order Filing 139 ANSWER to Complaint with Jury Demand (Domino Foods, Inc.) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 4, 2020 Opinion or Order Filing 138 ANSWER to Complaint with Jury Demand (J.R. Simplot Co.) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 4, 2020 Opinion or Order Filing 137 ANSWER to Complaint with Jury Demand (Roseburg Forest Products Co.) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 4, 2020 Opinion or Order Filing 136 ANSWER to Complaint with Jury Demand (SIMS Group USA Holdings Co.) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 4, 2020 Opinion or Order Filing 135 ANSWER to Complaint with Jury Demand (U.S. Silica Co.) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 4, 2020 Opinion or Order Filing 134 ANSWER to Complaint with Jury Demand (Newell Recycling Southeast, LLC) by UNION PACIFIC RAILROAD COMPANY.(Maltas, Allyson)
June 4, 2020 Opinion or Order Filing 133 NOTICE of Appearance by Conte Cicala on behalf of MITSUI O.S.K. LINES, LTD. (Cicala, Conte)
June 4, 2020 Opinion or Order Filing 132 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by UNION PACIFIC RAILROAD COMPANY (Maltas, Allyson)
June 3, 2020 Opinion or Order Filing 131 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BNSF RAILWAY COMPANY (Stein, Linda)
June 3, 2020 Opinion or Order Filing 130 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BNSF RAILWAY COMPANY (Stein, Linda)
June 3, 2020 Opinion or Order Filing 129 NOTICE of Appearance by Linda Sue Stein on behalf of BNSF RAILWAY COMPANY (Stein, Linda)
June 3, 2020 Opinion or Order Filing 128 NOTICE of Appearance by Molly Bruder Fox on behalf of BNSF RAILWAY COMPANY (Fox, Molly)
June 2, 2020 Opinion or Order Filing 127 NOTICE of Appearance by Zachary C. Naidich on behalf of PROCTER & GAMBLE COMPANY, PROCTER & GAMBLE DISTRIBUTING LLC, PROCTER & GAMBLE MANUFACTURING COMPANY, PROCTER & GAMBLE PAPER PRODUCTS COMPANY (Naidich, Zachary)
June 2, 2020 Opinion or Order Filing 126 NOTICE of Appearance by Daniel Lennard on behalf of PROCTER & GAMBLE COMPANY, PROCTER & GAMBLE DISTRIBUTING LLC, PROCTER & GAMBLE MANUFACTURING COMPANY, PROCTER & GAMBLE PAPER PRODUCTS COMPANY (Lennard, Daniel)
June 2, 2020 Opinion or Order Filing 125 NOTICE of Appearance by Steven Sparling on behalf of PROCTER & GAMBLE COMPANY, PROCTER & GAMBLE DISTRIBUTING LLC, PROCTER & GAMBLE MANUFACTURING COMPANY, PROCTER & GAMBLE PAPER PRODUCTS COMPANY (Sparling, Steven)
June 2, 2020 Opinion or Order Filing 124 NOTICE of Appearance by Daniel B. Goldman on behalf of PROCTER & GAMBLE COMPANY, PROCTER & GAMBLE DISTRIBUTING LLC, PROCTER & GAMBLE MANUFACTURING COMPANY, PROCTER & GAMBLE PAPER PRODUCTS COMPANY (Goldman, Daniel)
June 1, 2020 Opinion or Order Filing 123 NOTICE OF FILING PLAINTIFFS' SUBMISSION REGARDING PROPOSED LIAISON COUNSEL by BEL-RAY COMPANY, LLC, CALUMET BRANDED PRODUCTS, LLC, CALUMET COTTON VALLEY REFINING, LLC, CALUMET DICKINSON REFINING, LLC, CALUMET KARNS CITY REFINING, LLC, CALUMET MONTANA REFINING, LLC, CALUMET OPERATING, LLC, CALUMET PRINCETON REFINING, LLC, CALUMET REFINING, LLC, CALUMET SPECIALTY PRODUCTS PARTNERS, L.P., CF INDUSTRIES, INC., DAIRYLAND POWER COOPERATIVE, DYNO NOBEL, INC., ENTERGY ARKANSAS, LLC, ENTERGY LOUISIANA, LLC, EXELON GENERATION COMPANY, LLC, KURLIN COMPANY, LLC, NORFALCO LLC, NORFALCO SALES, NORTH STAR BLUESCOPE STEEL LLC, STEELSCAPE, LLC, WISCONSIN ELECTRIC POWER COMPANY, AK STEEL CORPORATION (Atkins, Alden)
June 1, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING the parties' #118 Stipulated Motion to Extend Time. Accordingly, the parties shall submit jointly a proposed consolidated protective order, see #102 Scheduling Order, paragraph 2, by June 8, 2020. Signed by Chief Judge Beryl A. Howell on June 1, 2020. (lcbah3)
June 1, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING the plaintiffs' #122 Unopposed Motion to Extend Time to Propose Liaison Counsel. Accordingly, the plaintiffs shall file a recommendation regarding the appointment of liaison counsel, see #102 Scheduling Order, paragraph 2, by June 3, 2020. Signed by Chief Judge Beryl A. Howell on June 1, 2020. (lcbah3)
June 1, 2020 Opinion or Order Set/Reset Deadlines: Joint proposed consolidated protective order due by 6/8/2020. (ztg)
June 1, 2020 Opinion or Order Set/Reset Deadlines: Plaintiffs' recommendation regarding the appointment of liaison counsel due by 6/3/2020. (ztg)
May 29, 2020 Opinion or Order Filing 122 Unopposed MOTION for Extension of Time to Propose Liaison Counsel by BEL-RAY COMPANY, LLC, CALUMET BRANDED PRODUCTS, LLC, CALUMET COTTON VALLEY REFINING, LLC, CALUMET DICKINSON REFINING, LLC, CALUMET KARNS CITY REFINING, LLC, CALUMET MONTANA REFINING, LLC, CALUMET OPERATING, LLC, CALUMET PRINCETON REFINING, LLC, CALUMET REFINING, LLC, CALUMET SPECIALTY PRODUCTS PARTNERS, L.P., CF INDUSTRIES, INC., DAIRYLAND POWER COOPERATIVE, DYNO NOBEL, INC., ENTERGY ARKANSAS, LLC, ENTERGY LOUISIANA, LLC, EXELON GENERATION COMPANY, LLC, KURLIN COMPANY, LLC, NORFALCO LLC, NORFALCO SALES, NORTH STAR BLUESCOPE STEEL LLC, STEELSCAPE, LLC, WISCONSIN ELECTRIC POWER COMPANY, AK STEEL CORPORATION (Attachments: #1 Text of Proposed Order)(Atkins, Alden)
May 29, 2020 Opinion or Order Filing 121 REPLY to opposition to motion re #112 MOTION to Dismiss (Defendants' Motion to Dismiss Union Carbide's Amended Complaint) filed by BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY. (Reinhart, Tara)
May 29, 2020 Opinion or Order Filing 120 REPLY to opposition to motion re #111 MOTION to Dismiss (Defendants' Motion to Dismiss Dow's Amended Complaint) filed by BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY. (Reinhart, Tara)
May 29, 2020 Opinion or Order Filing 119 REPLY to opposition to motion re #106 MOTION to Dismiss , #108 MOTION to Dismiss International Paper Company's Complaint, #109 MOTION to Dismiss , #107 MOTION to Dismiss (Defendants' consolidated reply to opposition to motions to dismiss the complaints of ArcelorMittal, Gerdau Steel, International Paper, and GenOn) filed by BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY. (van Houwelingen, Luke)
May 29, 2020 Opinion or Order Filing 118 Joint MOTION for Extension of Time to File a Proposed Consolidated Protective Order and, If Any Provision Remains in Dispute, Submit a Full Explanation Regarding the Parties Positions and Proposed Language by TRAMMO, INC. (Attachments: #1 Text of Proposed Order)(Gosselin, Sathya)
May 27, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #113 Motion for Admission of Michael J. Kane Pro Hac Vice. Accordingly, Michael J. Kane may enter an appearance for the purpose of representing plaintiffs High Management Venturers f/k/a Interdom Partners; Century Aluminum Company; Century Aluminum of Kentucky, GP; NSA, GP; Century Aluminum of West Virginia, Inc.; and Century Aluminum of South Carolina, Inc in this action. Signed by Chief Judge Beryl A. Howell on May 27, 2020. (lcbah3)
May 27, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #114 Motion for Admission of Michaela Wallin Pro Hac Vice. Accordingly, Michaela Wallin may enter an appearance for the purpose of representing plaintiffs High Management Venturers f/k/a Interdom Partners; Century Aluminum Company; Century Aluminum of Kentucky, GP; NSA, GP; Century Aluminum of West Virginia, Inc.; and Century Aluminum of South Carolina, Inc. in this action. Signed by Chief Judge Beryl A. Howell on May 27, 2020. (lcbah3)
May 26, 2020 Opinion or Order Filing 117 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on May 26, 2020. (lcbah3)
May 26, 2020 Opinion or Order Filing 116 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on May 26, 2020. (lcbah3)
May 26, 2020 Opinion or Order Filing 115 Memorandum in opposition to re #112 MOTION to Dismiss (Defendants' Motion to Dismiss Union Carbide's Amended Complaint), #108 MOTION to Dismiss International Paper Company's Complaint, #111 MOTION to Dismiss (Defendants' Motion to Dismiss Dow's Amended Complaint), #109 MOTION to Dismiss , #107 MOTION to Dismiss , #106 MOTION to Dismiss filed by CHAPARRAL (VIRGINIA) INC., CHAPARRAL STEEL COMPANY, CHAPARRAL STEEL MIDLOTHIAN, LP, DOW CHEMICAL COMPANY, GERDAU AMERISTEEL CORPORATION, GERDAU AMERISTEEL PERTH AMBOY INC., GERDAU AMERISTEEL SAYREVILLE INC., GERDAU AMERISTEEL US INC., INTERNATIONAL PAPER COMPANY, SHEFFIELD STEEL CORPORATION, UNION CARBIDE CORPORATION, AMERCHOL CORPORATION, ARCELORMITTAL USA LLC, and ARCELORMITTAL DOFASCO G.P. (Attachments: #1 Text of Proposed Order)(Waldin, Benjamin) Modified to add filers at the request of counsel on 5/26/2020 (ztth). Modified on 5/27/2020 to edit event(zrdj).
May 26, 2020 Opinion or Order Filing 114 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michaela L. Wallin, Filing fee $ 100, receipt number ADCDC-7160115. Fee Status: Fee Paid. by CENTURY ALUMINUM COMPANY, CENTURY ALUMINUM OF KENTUCKY, GP, CENTURY ALUMINUM OF SOUTH CAROLINA, INC, CENTURY ALUMINUM OF WEST VIRGINIA, INC., HIGH LEVEL MANAGEMENT VENTURERS, NSA, GP (Attachments: #1 Declaration of Michaela L. Wallin, #2 Proposed Order)(Walker, Daniel)
May 26, 2020 Opinion or Order Filing 113 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael J. Kane, Fee Status: No Fee Paid. by CENTURY ALUMINUM COMPANY, CENTURY ALUMINUM OF KENTUCKY, GP, CENTURY ALUMINUM OF SOUTH CAROLINA, INC, CENTURY ALUMINUM OF WEST VIRGINIA, INC., HIGH LEVEL MANAGEMENT VENTURERS, NSA, GP (Attachments: #1 Declaration of Michael J. Kane, #2 Proposed Order)(Walker, Daniel)
May 26, 2020 Opinion or Order Payment for #113 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael J. Kane, Fee Status: No Fee Paid.. ($100; Receipt number ADCDC-7160048). (Walker, Daniel)
May 26, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #90 Joint Motion for Entry of Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on May 26, 2020. (lcbah3)
May 26, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #91 Joint Motion for Entry of Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on May 26, 2020. (lcbah3)
May 25, 2020 Opinion or Order Filing 112 MOTION to Dismiss (Defendants' Motion to Dismiss Union Carbide's Amended Complaint) by BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Reinhart, Tara)
May 25, 2020 Opinion or Order Filing 111 MOTION to Dismiss (Defendants' Motion to Dismiss Dow's Amended Complaint) by BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Reinhart, Tara)
May 25, 2020 Opinion or Order Filing 110 TRANSCRIPT OF PROCEEDINGS, before Chief Judge Beryl A. Howell, held on 5-22-2020; Page Numbers: 1 - 69. Date of Issuance: 5/25/2020. Court Reporter: Elizabeth SaintLoth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced ab ove. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/15/2020. Redacted Transcript Deadline set for 6/25/2020. Release of Transcript Restriction set for 8/23/2020.(Saint-Loth, Elizabeth)
May 25, 2020 Opinion or Order Filing 109 MOTION to Dismiss by BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY (Attachments: #1 Text of Proposed Order)(van Houwelingen, Luke)
May 25, 2020 Opinion or Order Filing 108 MOTION to Dismiss International Paper Company's Complaint by BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY (Attachments: #1 Memorandum in Support of Motion to Dismiss International Paper Company's Complaint, #2 Text of Proposed Order)(Majoras, John)
May 25, 2020 Opinion or Order Filing 107 MOTION to Dismiss by BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY (Attachments: #1 Memorandum in Support of Motion to Dismiss Gerdau Steel's Complaint, #2 Text of Proposed Order)(van Houwelingen, Luke)
May 25, 2020 Opinion or Order Filing 106 MOTION to Dismiss by CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY (Attachments: #1 Memorandum in Support of Defendants' Motion to Dismiss, #2 Text of Proposed Order)(van Houwelingen, Luke)
May 22, 2020 Opinion or Order Filing 105 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on May 22, 2020. (lcbah3)
May 22, 2020 Opinion or Order Filing 104 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on May 22, 2020. (lcbah3)
May 22, 2020 Opinion or Order Filing 103 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-10), dated 5/22/2020, from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407.(MDL 2925)(ztnr)
May 22, 2020 Opinion or Order Filing 102 ORDER regarding scheduling in this matter. Signed by Chief Judge Beryl A. Howell on May 22, 2020. (lcbah3)
May 22, 2020 Opinion or Order Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Scheduling Conference held on 5/22/2020. Scheduling Order to be issued by the Court. (Court Reporter Elizabeth Saint-Loth.) (tg)
May 22, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #89 Joint Motion for Entry of Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on May 22, 2020. (lcbah3)
May 22, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #88 Joint Motion for Entry of Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on May 22, 2020. (lcbah3)
May 22, 2020 Opinion or Order Set/Reset Deadlines/Hearings: Motions to dismiss due by 5/25/2020; oppositions due by 5/26/2020; replies due by 5/29/2020; answer to plaintiffs' complaints due by 6/5/2020; opposition to any new motions to dismiss due by 7/7/2020; replies due by 7/21/2020; agreed-upon protocol for production of electronically stored information; and requests for production of documents due by 6/15/2020; fact discovery due by 10/1/2021; plaintiffs' initial expert disclosures due by 11/1/2021; defendants' opposition expert disclosures due by 2/15/2022; rebuttal expert disclosures due by 5/16/2022; joint status report due by 5/30/2022; Status Conference scheduled for 9/9/2020, at 10:00 AM in Courtroom 23A before Chief Judge Beryl A. Howell. (tg)
May 21, 2020 Opinion or Order Filing 101 NOTICE of Appearance by Christopher Campbell on behalf of UNION PACIFIC RAILROAD COMPANY (Campbell, Christopher)
May 21, 2020 Opinion or Order Filing 100 NOTICE of Appearance by Timothy L. O'Mara on behalf of UNION PACIFIC RAILROAD COMPANY (O'Mara, Timothy)
May 21, 2020 Opinion or Order Filing 99 NOTICE of Appearance by Daniel M Wall on behalf of UNION PACIFIC RAILROAD COMPANY (Wall, Daniel)
May 21, 2020 Opinion or Order Filing 98 NOTICE of Appearance by Tara L. Reinhart on behalf of NORFOLK SOUTHERN RAILWAY COMPANY (Reinhart, Tara)
May 21, 2020 Opinion or Order Filing 97 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on May 21, 2020. (lcbah3)
May 21, 2020 Opinion or Order Filing 96 NOTICE of Appearance by David Matthew Wells on behalf of CSX TRANSPORTATION, INC. (Wells, David)
May 21, 2020 Opinion or Order Filing 95 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on May 21, 2020. (lcbah3)
May 21, 2020 Opinion or Order Filing 94 NOTICE of Appearance by Anne Coxe Mesrobian on behalf of CSX TRANSPORTATION, INC. (Mesrobian, Anne)
May 21, 2020 Opinion or Order Filing 93 NOTICE of Appearance by Juan Arteaga on behalf of CSX TRANSPORTATION, INC. (Arteaga, Juan)
May 21, 2020 Opinion or Order Filing 92 NOTICE of Appearance by Eric Fanchiang on behalf of CSX TRANSPORTATION, INC. (Fanchiang, Eric)
May 21, 2020 Opinion or Order Filing 91 Joint MOTION for Protective Order by COALSALES II, LLC, PEABODY COALSALES, LLC, PEABODY COALTRADE, LLC, PEABODY COULTERVILLE MINING, LLC, PEABODY ENERGY CORPORATION, PEABODY INVESTMENTS CORP., PEABODY MIDWEST MINING LLC, PEABODY NATURAL RESOURCES COMPANY, PEABODY POWDER RIVER MINING LLC, TWENTYMILE COAL, LLC (Attachments: #1 Exhibit 1- [Proposed] Stipulated Protective Order)(Gosselin, Sathya)
May 21, 2020 Opinion or Order Filing 90 Joint MOTION for Protective Order by NEWELL RECYCLING SOUTHEAST, LLC (Attachments: #1 Exhibit 1- [Proposed] Stipulated Protective Order)(Gosselin, Sathya)
May 21, 2020 Opinion or Order Filing 89 Joint MOTION for Protective Order by METAL MANAGEMENT INDIANA, INC., METAL MANAGEMENT MEMPHIS, LLC, METAL MANAGEMENT MIDWEST, INC., METAL MANAGEMENT NORTHEAST, INC., METAL MANAGEMENT OHIO, INC., METAL MANAGEMENT PITTSBURGH, INC., METAL MANAGEMENT, INC., SCHIABO LAROVO CORPORATION, SIMS GROUP USA CORPORATION, SIMS GROUP USA HOLDINGS CORPORATION, SIMS SOUTHWEST CORPORATION, SIMSMETAL EAST LLC, SIMSMETAL WEST LLC, SMM NEW ENGLAND CORPORATION, SMM SOUTH CORPORATION, SMM SOUTHEAST LLC (Attachments: #1 Exhibit 1- [Proposed] Stipulated Protective Order)(Gosselin, Sathya)
May 21, 2020 Opinion or Order Filing 88 Joint MOTION for Protective Order by SUZUKI MOTOR OF AMERICA, INC. (Attachments: #1 Exhibit 1- [Proposed] Stipulated Protective Order)(Gosselin, Sathya)
May 21, 2020 Opinion or Order Filing 87 Joint MOTION for Protective Order by BOTTLING GROUP, LLC, FRITO-LAY, INC., TROPICANA PRODUCTS, INC. (Attachments: #1 Exhibit 1- [Proposed] Stipulated Protective Order)(Gosselin, Sathya)
May 21, 2020 Opinion or Order Filing 86 Joint MOTION for Protective Order by U.S. SILICA COMPANY (Attachments: #1 Exhibit 1- [Proposed] Stipulated Protective Order)(Coolidge, Melinda)
May 21, 2020 Opinion or Order Filing 85 NOTICE of Appearance by Luke P. van Houwelingen on behalf of CSX TRANSPORTATION, INC. (van Houwelingen, Luke)
May 21, 2020 Opinion or Order Filing 84 NOTICE of Appearance by Mara Lieber on behalf of CSX TRANSPORTATION, INC. (Lieber, Mara)
May 21, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #86 Joint Motion for Entry of Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on May 21, 2020. (lcbah3)
May 21, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #87 Joint Motion for Entry of Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on May 21, 2020. (lcbah3)
May 18, 2020 Opinion or Order Filing 83 NOTICE of Appearance by Joy O. Siu on behalf of CALPORTLAND COMPANY (Siu, Joy)
May 18, 2020 Opinion or Order Filing 82 NOTICE of Appearance by Helen C. Eckert on behalf of CALPORTLAND COMPANY (Eckert, Helen)
May 18, 2020 Opinion or Order Filing 81 NOTICE of Appearance by Leo Caseria on behalf of CALPORTLAND COMPANY (Caseria, Leo)
May 15, 2020 Opinion or Order Filing 80 NOTICE of Appearance by Kelsey Bryan on behalf of UNION PACIFIC RAILROAD COMPANY (Bryan, Kelsey)
May 12, 2020 Opinion or Order Filing 79 NOTICE of Appearance by Daniel J. Walker on behalf of CENTURY ALUMINUM COMPANY, CENTURY ALUMINUM OF KENTUCKY, GP, CENTURY ALUMINUM OF SOUTH CAROLINA, INC, CENTURY ALUMINUM OF WEST VIRGINIA, INC., HIGH LEVEL MANAGEMENT VENTURERS, NSA, GP (Walker, Daniel)
May 8, 2020 Opinion or Order Filing 78 NOTICE of PRELIMINARY REPORT OF THE PARTIES by ALCOA CORPORATION, ALCOA FUELS, INC., ALCOA POWER GENERATING, INC., ALCOA WORLD ALUMINA, LLC, ALUMAX MILL PRODUCTS, INC. re #10 Order, Order,,,,, (Attachments: #1 Exhibit Ex. A: Procedural Posture of Cases, #2 Exhibit Ex. B: Plaintiffs Counsel Attending by Telephone, #3 Exhibit Ex. C: Counsel Appearing Telephonically for Defendants, #4 Exhibit Ex. D: Plaintiffs' Proposed Schedule, #5 Exhibit Ex. E: Defendants' Proposed Schedule)(Rashid, Sami)
May 8, 2020 Opinion or Order Filing 77 NOTICE OF WITHDRAWAL OF APPEARANCE as to NIPPON YUSEN KABUSHIKI KAISHA, NYK LINE (NORTH AMERICA), INC.. Attorney Danyll W. Foix terminated. (Fornaciari, John)
May 8, 2020 Opinion or Order Filing 76 NOTICE of Appearance by Leonardo Chingcuanco on behalf of NIPPON YUSEN KABUSHIKI KAISHA, NYK LINE (NORTH AMERICA), INC. (Chingcuanco, Leonardo)
May 8, 2020 Opinion or Order Filing 75 NOTICE of Appearance by Robert Abraham Braun on behalf of NIPPON YUSEN KABUSHIKI KAISHA, NYK LINE (NORTH AMERICA), INC. (Braun, Robert)
May 8, 2020 Opinion or Order Filing 74 NOTICE of Appearance by Benjamin D. Brown on behalf of NIPPON YUSEN KABUSHIKI KAISHA, NYK LINE (NORTH AMERICA), INC. (Brown, Benjamin)
May 8, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #73 Motion for Admission of Jacob M. Hamann Pro Hac Vice. Accordingly, Jacob M. Hamann may enter an appearance for the purpose of representing plaintiffs The Dow Chemical Company, GenOn Energy Management, LLC, GenOn Power Midwest LP, GenOn REMA, LLC, Gerdau Ameristeel Corporation, Gerdau Ameristeel US Inc., Gerdau Ameristeel Perth Amboy Inc., Gerdau Ameristeel Sayreville Inc., Chaparral Steel Company, Chaparral Steel Midlothian, LP, Chaparral (Virginia) Inc., Sheffield Steel Corporation, Gerdau Macsteel, Inc., Union Carbide Corporation, Amerchol Corporation, Umetco Minerals Corporation, and International Paper Company in this action. Signed by Chief Judge Beryl A. Howell on May 8, 2020. (lcbah3)
May 7, 2020 Opinion or Order Filing 73 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jacob M. Hamann, Filing fee $ 100, receipt number ADCDC-7102773. Fee Status: Fee Paid. by CHAPARRAL (VIRGINIA) INC., CHAPARRAL STEEL COMPANY, CHAPARRAL STEEL MIDLOTHIAN, LP, DOW CHEMICAL COMPANY, GENON ENERGY MANAGEMENT, LLC, GENON POWER MIDWEST LP, GENON REMA, LLC, GERDAU AMERISTEEL CORPORATION, GERDAU AMERISTEEL PERTH AMBOY INC., GERDAU AMERISTEEL SAYREVILLE INC., GERDAU AMERISTEEL US INC., GERDAU MACSTEEL, INC., INTERNATIONAL PAPER COMPANY, SHEFFIELD STEEL CORPORATION, UMETCO MINERALS CORPORATION, UNION CARBIDE CORPORATION (Attachments: #1 Exhibit A - Declaration of Jacob M. Hamann, #2 Exhibit B - Proposed Order)(Waldin, Benjamin)
May 4, 2020 Opinion or Order Filing 72 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-9) dated 5/4/2020 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407.(MDL 2925) (ztnr)
May 1, 2020 Opinion or Order Filing 71 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on May 1, 2020. (lcbah3)
May 1, 2020 Opinion or Order Filing 70 Joint MOTION for Protective Order by NORFALCO LLC, NORFALCO SALES (Attachments: #1 Exhibit 1 - Proposed Stipulated Protective Order)(Atkins, Alden)
May 1, 2020 Opinion or Order Filing 69 NOTICE OF WITHDRAWAL OF APPEARANCE as to CSX TRANSPORTATION, INC.. Attorney Martin J. Mackowski terminated. (Mackowski, Martin)
May 1, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #70 Joint Motion for Entry of Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on May 1, 2020. (lcbah3)
April 24, 2020 Opinion or Order MINUTE ORDER (paperless) NOTIFYING the parties, upon consideration of the parties' #61 Joint Status Report Regarding Initial Scheduling Conference, that the Initial Scheduling Conference originally scheduled for April 29, 2020 is hereby rescheduled to take place via videoconference and teleconference on Friday, May 22, 2020, at 10:00 AM; DIRECTING the parties to submit the Preliminary Report required by this Court's #10 Initial Practice and Procedure Order, ¶ 3(c), by May 8, 2020; and FURTHER DIRECTING the parties to designate in advance representatives to speak on issues to be addressed during the Initial Scheduling Conference, with no more than two representatives collectively for the defendants or the plaintiffs, without prior leave of Court based on compelling reasons, and to designate those representatives in the parties' Preliminary Report. The designated representatives shall appear via videoconference and other parties via teleconference. The Court shares the defendants' stated preference to hold an in-person hearing, but given the number of parties and counsel involved in this MDL, which now includes more than 80 individual cases from across the United States, the feasibility of such an in-person hearing may be put at risk, even in July, due to evolving public health guidelines. Signed by Chief Judge Beryl A. Howell on April 24, 2020. (lcbah3)
April 24, 2020 Opinion or Order Set/Reset Hearings: Scheduling Conference RESCHEDULED for 5/22/2020, at 10:00 AM via teleconference or videoconference before Chief Judge Beryl A. Howell. (tg)
April 22, 2020 Opinion or Order Filing 68 NOTICE of Appearance by Esteban Martin Estrada on behalf of BNSF RAILWAY COMPANY (Estrada, Esteban)
April 22, 2020 Opinion or Order Filing 67 NOTICE of Appearance by Anne Conley on behalf of BNSF RAILWAY COMPANY (Conley, Anne)
April 21, 2020 Opinion or Order Filing 66 NOTICE of Appearance by Jacobus P. van der Ven on behalf of BNSF RAILWAY COMPANY (van der Ven, Jacobus)
April 21, 2020 Opinion or Order Filing 65 NOTICE of Appearance by Benjamin Joseph Horwich on behalf of BNSF RAILWAY COMPANY (Horwich, Benjamin)
April 21, 2020 Opinion or Order Filing 64 NOTICE of Appearance by Kuruvilla Joseph Olasa on behalf of BNSF RAILWAY COMPANY (Olasa, Kuruvilla)
April 21, 2020 Opinion or Order Filing 63 NOTICE of Appearance by Glenn D. Pomerantz on behalf of BNSF RAILWAY COMPANY (Pomerantz, Glenn)
April 20, 2020 Opinion or Order Filing 62 NOTICE of Appearance by Michael Flynn McBride on behalf of COFFEYVILLE RESOURCES NITROGEN FERTILIZERS, LLC, COFFEYVILLE RESOURCES REFINING & MARKETING, LLC, EAST DUBUQUE NITROGEN FERTILIZERS, LLC, EASTMAN CHEMICAL COMPANY, SOLUTIA INC., TAMINCO CORPORATION, WYNNEWOOD REFINING COMPANY, LLC (McBride, Michael)
April 17, 2020 Opinion or Order Filing 61 Joint STATUS REPORT Joint Status Report by All Parties by ALCOA CORPORATION, ALCOA FUELS, INC., ALCOA POWER GENERATING, INC., ALCOA WORLD ALUMINA, LLC, ALUMAX MILL PRODUCTS, INC., AMALGAMATED SUGAR COMPANY, LLC re Order on Motion for Extension of Time to File, Order,,, (Neuwirth, Stephen) Modified event title on 4/20/2020 (znmw).
April 16, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #60 Motion for Admission of Nathan P. Eimer Pro Hac Vice. Accordingly, Nathan P. Eimer may enter an appearance for the purpose of representing plaintiffs The Dow Chemical Company, GenOn Energy Management, LLC, GenOn Power Midwest LP, GenOn REMA, LLC, Gerdau Ameristeel Corporation, Gerdau Ameristeel US Inc., Gerdau Ameristeel Perth Amboy Inc., Gerdau Ameristeel Sayreville Inc., Chaparral Steel Company, Chaparral Steel Midlothian, LP, Chaparral (Virginia) Inc., Sheffield Steel Corporation, Gerdau Macsteel, Inc., Union Carbide Corporation, Amerchol Corporation, Umetco Minerals Corporation, and International Paper Company in this action. Signed by Chief Judge Beryl A. Howell on April 16, 2020. (lcbah3)
April 15, 2020 Opinion or Order Filing 60 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nathan P. Eimer, Filing fee $ 100, receipt number ADCDC-7025902. Fee Status: Fee Paid. by CHAPARRAL (VIRGINIA) INC., CHAPARRAL STEEL COMPANY, CHAPARRAL STEEL MIDLOTHIAN, LP, DOW CHEMICAL COMPANY, GENON ENERGY MANAGEMENT, LLC, GENON POWER MIDWEST LP, GENON REMA, LLC, GERDAU AMERISTEEL CORPORATION, GERDAU AMERISTEEL PERTH AMBOY INC., GERDAU AMERISTEEL SAYREVILLE INC., GERDAU AMERISTEEL US INC., GERDAU MACSTEEL, INC., INTERNATIONAL PAPER COMPANY, SHEFFIELD STEEL CORPORATION, UMETCO MINERALS CORPORATION, UNION CARBIDE CORPORATION, AMERCHOL CORPORATION (Attachments: #1 Exhibit A - Declaration of Nathan P. Eimer, #2 Exhibit B - Proposed Order)(Waldin, Benjamin)
April 15, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #59 Motion for Admission of Daniel D. Birk Pro Hac Vice. Accordingly, Daniel D. Birk may enter an appearance for the purpose of representing plaintiffs The Dow Chemical Company, GenOn Energy Management, LLC, GenOn Power Midwest LP, GenOn REMA, LLC, Gerdau Ameristeel Corporation, Gerdau Ameristeel US Inc., Gerdau Ameristeel Perth Amboy Inc., Gerdau Ameristeel Sayreville Inc., Chaparral Steel Company, Chaparral Steel Midlothian, LP, Chaparral (Virginia) Inc., Sheffield Steel Corporation, and Gerdau Macsteel, Inc., Union Carbide Corporation, Amerchol Corporation, Umetco Minerals Corporation, and International Paper Company in this action. Signed by Chief Judge Beryl A. Howell on April 15, 2020. (lcbah3)
April 14, 2020 Opinion or Order Filing 59 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel D. Birk, Filing fee $ 100, receipt number ADCDC-7020001. Fee Status: Fee Paid. by CHAPARRAL (VIRGINIA) INC., DOW CHEMICAL COMPANY, GENON ENERGY MANAGEMENT, LLC, GENON POWER MIDWEST LP, GENON REMA, LLC, GERDAU AMERISTEEL CORPORATION, GERDAU AMERISTEEL PERTH AMBOY INC., GERDAU AMERISTEEL SAYREVILLE INC., GERDAU AMERISTEEL US INC., GERDAU MACSTEEL, INC., INTERNATIONAL PAPER COMPANY, SHEFFIELD STEEL CORPORATION, UMETCO MINERALS CORPORATION, UNION CARBIDE CORPORATION, AMERCHOL CORPORATION (Attachments: #1 Exhibit A - Declaration of Daniel D. Birk, #2 Exhibit B - Proposed Order)(Waldin, Benjamin)
April 13, 2020 Opinion or Order Filing 58 CONDITIONAL TRANSFER ORDER (CTO-8) dated 4/13/2020 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407.(MDL 2925) (ztnr)
April 13, 2020 Opinion or Order Set/Reset Deadlines: Joint status report due by 4/17/2020. (tg)
April 10, 2020 Opinion or Order Filing 57 Joint MOTION for Extension of Time to File Joint Status Report by NORFOLK SOUTHERN RAILWAY COMPANY (Attachments: #1 Text of Proposed Order)(Reinhart, Tara)
April 10, 2020 Opinion or Order Filing 56 AMENDED COMPLAINT against BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, AND UNION PACIFIC RAILROAD COMPANY with Jury Demand filed by GRAIN CRAFT, INC., SOUTHEASTERN MILLS, INC (zrdj)
April 10, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING the parties' #57 Stipulated Motion to Extend Time. Accordingly, the parties shall file a joint status report responding to the Court's April 3, 2020 Minute Order by April 17, 2020. Signed by Chief Judge Beryl A. Howell on April 10, 2020. (lcbah3)
April 9, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING the plaintiff's unopposed #55 Motion to Amend Complaint, and DIRECTING the Clerk to amend the docket to add Southeastern Mills, Inc. as a plaintiff in this action. Signed by Chief Judge Beryl A. Howell on April 9, 2020. (lcbah3)
April 7, 2020 Opinion or Order Filing 55 MOTION to Amend/Correct Complaint by GRAIN CRAFT, INC. (Attachments: #1 Exhibit A (Proposed Order), #2 Exhibit B (Amended Complaint), #3 Exhibit C (Redline))(Neuwirth, Stephen)
April 6, 2020 Opinion or Order Filing 54 NOTICE of Appearance by Tyrone R. Childress on behalf of UNION PACIFIC RAILROAD COMPANY (Childress, Tyrone)
April 6, 2020 Opinion or Order Set/Reset Deadlines: Joint Status Report due by 4/10/2020. (tg)
April 3, 2020 Opinion or Order MINUTE ORDER (paperless) DIRECTING the parties to submit, by April 10, 2020, a joint status report advising the Court whether the parties would prefer to hold the Initial Scheduling Conference via teleconference on April 29, 2020, as originally scheduled, or, alternatively, confer and jointly propose a new date after June 1, 2020 for a rescheduled Initial Scheduling Conference. Under this Court's Standing Order 20-19 ¶ 4, all court hearings are postponed until after June 1, unless the presiding Judge directs otherwise. See id., In re Extension of Postponed Court Proceedings in Standing Order 20-9 and Limiting Court Operations in Exigent Circumstances Created by the Covid-19 Pandemic (available at https://www.dcd.circdc.dcn/sites/default/files/attachments/COVID-19%20Standing% 20Order%2020-19%20Extension%20of%20Postponed%20Court% 20Proceedings.pdf). Signed by Chief Judge Beryl A. Howell on April 3, 2020. (lcbah3)
April 1, 2020 Opinion or Order Filing 53 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on April 1, 2020. (lcbah3)
April 1, 2020 Opinion or Order Filing 52 NOTICE OF WITHDRAWAL OF APPEARANCE as to UNION PACIFIC CORPORATION, UNION PACIFIC RAILROAD COMPANY. Attorney Cara A Hendrickson terminated. (Collette, Matthew)
April 1, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #49 Joint Motion for Entry of Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on April 1, 2020. (lcbah3)
March 31, 2020 Opinion or Order Filing 51 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on March 31, 2020. (lcbah3)
March 31, 2020 Opinion or Order Filing 50 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on March 31, 2020. (lcbah3)
March 31, 2020 Opinion or Order Filing 49 Joint MOTION for Protective Order by UNITED PARCEL SERVICE, INC., UPS GROUND FREIGHT, INC., UPS SUPPLY CHAIN SOLUTIONS, INC. (Attachments: #1 Exhibit 1)(Rashid, Sami)
March 31, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #48 Joint Motion for Entry of Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on March 31, 2020. (lcbah3)
March 31, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #47 Joint Motion for Entry of Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on March 31, 2020. (lcbah3)
March 30, 2020 Opinion or Order Filing 48 Joint MOTION for Protective Order by J.M. SMUCKER COMPANY (Attachments: #1 Exhibit A-Stipulated Protective Order)(Boulware, Brandon)
March 30, 2020 Opinion or Order Filing 47 Joint MOTION for Protective Order by ANHEUSER-BUSCH COMPANIES LLC, ANHEUSER-BUSCH, LLC (Attachments: #1 Exhibit A-Stipulated Protective Order)(Boulware, Brandon)
March 27, 2020 Opinion or Order Filing 46 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on March 27, 2020. (lcbah3)
March 27, 2020 Opinion or Order Filing 45 MOTION for Protective Order by KAWASAKI KISEN KAISHA, LTD., YANG MING (AMERICA) CORP., YANG MING MARINE TRANSPORT CORP., "K" LINE AMERICA, INC. (Attachments: #1 Exhibit 1 - Proposed Stipulated Protective Order)(Brown, Benjamin)
March 27, 2020 Opinion or Order Filing 44 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on March 27, 2020. (lcbah3)
March 27, 2020 Opinion or Order Filing 43 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on March 27, 2020. (lcbah3)
March 27, 2020 Opinion or Order Filing 42 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on March 27, 2020. (lcbah3)
March 27, 2020 Opinion or Order Filing 41 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on March 27, 2020. (lcbah3)
March 27, 2020 Opinion or Order Filing 40 NOTICE of Appearance by Brandon Boulware on behalf of J.M. SMUCKER COMPANY, ANHEUSER-BUSCH COMPANIES LLC, ANHEUSER-BUSCH, LLC (Boulware, Brandon)
March 27, 2020 Opinion or Order Filing 39 MOTION for Protective Order by DOMINO FOODS, INC. (Attachments: #1 Exhibit 1 - Proposed Stipulated Protective Order)(Singer, Stuart)
March 27, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #35 Motion for Entry of Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on March 27, 2020. (lcbah3)
March 27, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #38 Motion for the Approval and Entry of a Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on March 27, 2020. (lcbah3)
March 27, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #39 Motion for Entry of Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on March 27, 2020. (lcbah)
March 27, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #37 Motion for the Approval of a Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on March 27, 2020. (lcbah3)
March 27, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #45 Motion for Entry of a Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on March 27, 2020. (lcbah3)
March 26, 2020 Opinion or Order Filing 38 MOTION for Protective Order by LANSING ETHANOL SERVICES, LLC, LANSING GRAIN CO., LANSING TRADE GROUP, LLC., LANSING VERMONT, INC., LANSING-LOUISIANA, LLC, ANDERSON, INC. (Attachments: #1 Exhibit 1)(May, Kirk)
March 26, 2020 Opinion or Order Filing 37 MOTION for Protective Order by BRADY MCCASLAND, INC. (Attachments: #1 Exhibit 1)(Helms, David)
March 26, 2020 Opinion or Order Filing 36 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on March 26, 2020. (lcbah3)
March 26, 2020 Opinion or Order Filing 35 MOTION for Protective Order by J. R. SIMPLOT COMPANY (Attachments: #1 Exhibit 1- Proposed Protective Order)(Coolidge, Melinda)
March 26, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #34 Motion for Entry of Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on March 26, 2020. (lcbah3)
March 25, 2020 Opinion or Order Filing 34 MOTION for Protective Order by INTERNATIONAL PAPER COMPANY (Attachments: #1 Exhibit 1 - Proposed Stipulated Protective Order)(Razzano, Susan)
March 25, 2020 Opinion or Order Filing 33 NOTICE of Appearance by Gregory W. Langsdale on behalf of ANHEUSER-BUSCH COMPANIES LLC, ANHEUSER-BUSCH, LLC (Langsdale, Gregory)
March 25, 2020 Opinion or Order Filing 32 NOTICE of Appearance by Brian Douglas Wallach on behalf of ANHEUSER-BUSCH COMPANIES LLC, ANHEUSER-BUSCH, LLC (Wallach, Brian)
March 25, 2020 Opinion or Order Filing 31 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on March 25, 2020. (lcbah3)
March 25, 2020 Opinion or Order Filing 30 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on March 25, 2020. (lcbah3)
March 25, 2020 Opinion or Order Filing 29 MOTION for Protective Order Entry of Stipulated Protective Order by CEMEX, INC., CLEARWATER PAPER CORPORATION, GOODYEAR TIRE AND RUBBER COMPANY, KRAFT HEINZ FOODS COMPANY, POTLATCHDELTIC CORPORATION, RAYONIER ADVANCED MATERIALS INC., UNILEVER ASCC AG, UPM-KYMMENE, INC. (Attachments: #1 Exhibit 1 - Protective Order)(Ponzoli, Michael) Modified event title on 3/27/2020 (znmw).
March 25, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #28 Motion for Approval and Entry of Protective Order. Signed by Chief Judge Beryl A. Howell on March 25, 2020. (lcbah3)
March 25, 2020 Opinion or Order MINUTE ORDER (paperless) DENYING #27 Motion for Entry of Stipulated Protective Order, for failure to comply with this Court's #10 Initial Practice and Procedure Order, see id. ¶ 2 ("Caption and Filing Instructions"). The motion is denied with leave to refile in compliance with the Initial Practice and Procedure Order. Signed by Chief Judge Beryl A. Howell on March 25, 2020. (lcbah3)
March 25, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #29 Motion for Entry of Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on March 25, 2020. (lcbah3)
March 24, 2020 Opinion or Order Filing 28 MOTION for Protective Order by EQUISTAR CHEMICALS, LP, LYONDELL CHEMICAL COMPANY, LYONDELLBASELL ACETYLS, LLC, LYONDELLBASELL INDUSTRIES N.V., TOTAL PETROCHEMICALS & REFINING USA, INC. (Attachments: #1 Exhibit 1 - Proposed Protective Order, #2 Text of Proposed Order)(Harrison, Geoffrey)
March 24, 2020 Opinion or Order Filing 27 MOTION for Protective Order Motion for Entry of Stipulated Protective Order by INTERNATIONAL PAPER COMPANY (Attachments: #1 Exhibit 1 - Proposed Stipulated Protective Order)(Razzano, Susan) Modified event title on 3/27/2020 (znmw).
March 24, 2020 Opinion or Order Filing 26 NOTICE of Appearance by Stephen R. Neuwirth on behalf of AXIALL CORP, AXIALL L L C, AZUSA ROCK LLC, BRUNNER ISLAND, LLC, CALHOUN ASPHALT COMPANY INC, CALMAT CO, CHEM-MARINE CORPORATION OF SOUTH CAROLINA, COFFEYVILLE RESOURCES NITROGEN FERTILIZERS, LLC, COFFEYVILLE RESOURCES REFINING & MARKETING, LLC, CONEMAUGH FUELS, LLC, DMG EQUIPMENT COMPANY LLC, DOMINION ENERGY FUEL SERVICES, INC., DOMINION ENERGY SOUTH CAROLINA, INC., EAST DUBUQUE NITROGEN FERTILIZERS, LLC, FLORIDA ROCK INDUSTRIES, INC., FULTON CONCRETE COMPANY LLC, HARPER BROTHERS LLC, HYUNDAI MOTOR AMERICA, INC., IPSCO KOPPEL TUBULARS, L.L.C., IPSCO TUBULARS (KY), LLC, IPSCO TUBULARS INC., KEYSTONE FUELS, LLC, KIA MOTORS AMERICA, INC, LEGACY VULCAN LLC, MARTINS CREEK, LLC, MCCARTNEY CONSTRUCTION COMPANY INC, MERCEDES-BENZ USA, LLC, MONTOUR, LLC, MOTIVA ENTERPRISES, LLC, NLMK PENNSYLVANIA, LLC, NLMK USA, INC, NORMERICA INC., NORTHDOWN INDUSTRIES, INC., NOVA CHEMICALS (CANADA) LTD., NOVA CHEMICALS CORPORATION, NOVA CHEMICALS, INC., R C SMITH COMPANIES LLC, SHARON COATING, LLC, TALEN ENERGY MARKETING, LLC, TALEN ENERGY SUPPLY, LLC, TALEN GENERATION, LLC, TALEN MONTANA, LLC, TMK NSG, LLC, TRIANGLE ROCK PRODUCTS LLC, VIRGINIA CONCRETE COMPANY LLC, VIRGINIA ELECTRIC AND POWER COMPANY, VULCAN AGGREGATES COMPANY LLC, VULCAN CONSTRUCTION MATERIALS LLC, VULCAN MATERIALS COMPANY, WESTLAKE LONGVIEW CORP, WESTLAKE MANAGEMENT SERVICES INC, WESTLAKE PETROCHEMICALS L L C, WESTLAKE POLYMERS L L C, WESTLAKE STYRENE L L C, WESTLAKE VINYLS CO L P, WESTLAKE VINYLS INC, WPT L L C, WYNNEWOOD REFINING COMPANY, LLC, AGGREGATES USA (MACON) LLC, AGGREGATES USA (SAVANNAH) LLC, AGGREGATES USA (SPARTA) LLC, AGGREGATES USA, LLC, AMALGAMATED SUGAR COMPANY, LLC, AMERICAN ROCK SALT COMPANY LLC, ATLANTIC GRANITE COMPANY (Neuwirth, Stephen)
March 24, 2020 Opinion or Order Filing 25 NOTICE of Appearance by Sami H. Rashid on behalf of BARDON, INC., CAMPBELL COMPANY OF CANADA, CAMPBELL FOODSERVICE COMPANY, CAMPBELL SOUP SUPPLY COMPANY L.L.C., CEMENT TRANSPORT, LTD, CONAGRA BRANDS, INC., DEGS OF NARROWS, LLC, DOMINION ENERGY FUEL SERVICES, INC., DOMINION ENERGY SOUTH CAROLINA, INC., DUKE ENERGY CAROLINAS, LLC, DUKE ENERGY FLORIDA, LLC, DUKE ENERGY GENERATION SERVICES, INC., DUKE ENERGY INDIANA, LLC, DUKE ENERGY KENTUCKY, LLC, DUKE ENERGY OHIO, LLC, DUKE ENERGY PROGRESS, LLC, EASTALCO ALUMINUM COMPANY, EXXONMOBIL OIL CORPORATION, GEOCYCLE LLC, HOLCIM (US) INC., INTALCO ALUMINUM, LLC, JOSEPH CAMPBELL COMPANY, LAFARGE NORTH AMERICA, INC., LAFARGE PNW, INC., LATTIMORE MATERIALS CORP., OLD WORLD INDUSTRIES, LLC, PROGRESS FUELS, LLC, REYNOLDS METAL COMPANY, SYSTECH ENVIRONMENTAL CORPORATION, VIRGINIA ELECTRIC AND POWER COMPANY, AGGREGATE INDUSTRIES - MWR, INC., AGGREGATE INDUSTRIES - SWR, INC., AGGREGATE INDUSTRIES MANAGEMENT, INC., AGGREGATE INDUSTRIES NORTHEAST REGION, INC., ALCOA CORPORATION, ALCOA FUELS, INC., ALCOA POWER GENERATING, INC., ALCOA WORLD ALUMINA, LLC, ALUMAX MILL PRODUCTS, INC., ARCONIC, INC. (Rashid, Sami)
March 24, 2020 Opinion or Order Filing 24 NOTICE of Appearance by Viola Trebicka on behalf of AXIALL CORP, AXIALL L L C, AZUSA ROCK LLC, BARDON, INC., BASF CATALYSTS LLC, BASF CORPORATION, BIRD INCORPORATED, BRUNNER ISLAND, LLC, CALHOUN ASPHALT COMPANY INC, CALMAT CO, CAMPBELL COMPANY OF CANADA, CAMPBELL FOODSERVICE COMPANY, CAMPBELL SOUP SUPPLY COMPANY L.L.C., CANADA IMPERIAL OIL LIMITED, CEMENT TRANSPORT, LTD, CERTAINTEED CANADA, INC., CERTAINTEED CEILINGS CORPORATION, CERTAINTEED GYPSUM & CEILING MANUFACTURING, INC., CERTAINTEED GYPSUM AND CEILINGS USA, INC., CERTAINTEED GYPSUM MANUFACTURING, INC., CERTAINTEED GYPSUM NC, INC., CERTAINTEED GYPSUM WEST VIRGINIA, INC., CERTAINTEED GYPSUM, INC., CERTAINTEED LLC, CHEM-MARINE CORPORATION OF SOUTH CAROLINA, COFFEYVILLE RESOURCES NITROGEN FERTILIZERS, LLC, COFFEYVILLE RESOURCES REFINING & MARKETING, LLC, COGNIS USA LLC, CONAGRA BRANDS, INC., CONEMAUGH FUELS, LLC, DEGS OF NARROWS, LLC, DMG EQUIPMENT COMPANY LLC, DOMINION ENERGY FUEL SERVICES, INC., DOMINION ENERGY SOUTH CAROLINA, INC., DUKE ENERGY CAROLINAS, LLC, DUKE ENERGY FLORIDA, LLC, DUKE ENERGY GENERATION SERVICES, INC., DUKE ENERGY INDIANA, LLC, DUKE ENERGY KENTUCKY, LLC, DUKE ENERGY OHIO, LLC, DUKE ENERGY PROGRESS, LLC, EAST DUBUQUE NITROGEN FERTILIZERS, LLC, EASTALCO ALUMINUM COMPANY, EASTMAN CHEMICAL COMPANY, EQUILON ENTERPRISES LLC, EXXON MOBIL CORPORATION, EXXONMOBIL GLOBAL SERVICES COMPANY, EXXONMOBIL OIL CORPORATION, FLORIDA ROCK INDUSTRIES, INC., FULTON CONCRETE COMPANY LLC, GEOCYCLE LLC, GRAIN CRAFT, INC., HARPER BROTHERS LLC, HOLCIM (US) INC., HYUNDAI MOTOR AMERICA, INC., IMPERIAL OIL, IMPERIAL OIL LIMITED, INTALCO ALUMINUM, LLC, IPSCO KOPPEL TUBULARS, L.L.C., IPSCO TUBULARS (KY), LLC, IPSCO TUBULARS INC., JOSEPH CAMPBELL COMPANY, KEYSTONE FUELS, LLC, KIA MOTORS AMERICA, INC, LAFARGE NORTH AMERICA, INC., LAFARGE PNW, INC., LATTIMORE MATERIALS CORP., LEGACY VULCAN LLC, MAERSK INC., MAERSK LINE UK LIMITED, MARTINS CREEK, LLC, MCCARTNEY CONSTRUCTION COMPANY INC, MERCEDES-BENZ USA, LLC, MONTOUR, LLC, MOTIVA ENTERPRISES, LLC, NLMK PENNSYLVANIA, LLC, NLMK USA, INC, NORMERICA INC., NORTHDOWN INDUSTRIES, INC., NOVA CHEMICALS (CANADA) LTD., NOVA CHEMICALS CORPORATION, NOVA CHEMICALS, INC., OLD WORLD INDUSTRIES, LLC, PCS NITROGEN, INC., PCS PHOSPHATE COMPANY, INC., PCS SALES (USA), INC., PENNZOIL-QUAKER STATE COMPANY, PHILLIPS 66 COMPANY, PROCAT TESTING LLC, PROGRESS FUELS, LLC, R C SMITH COMPANIES LLC, REYNOLDS METAL COMPANY, SAINT-GOBAIN CERAMICS & PLASTICS, INC., SHARON COATING, LLC, SHELL CHEMICAL LP, SHELL CHEMICALS CANADA, SHELL TRADING (US) COMPANY, SOLUTIA INC., SYSTECH ENVIRONMENTAL CORPORATION, TALEN ENERGY MARKETING, LLC, TALEN ENERGY SUPPLY, LLC, TALEN GENERATION, LLC, TALEN MONTANA, LLC, TAMINCO CORPORATION, TMK NSG, LLC, TRIANGLE ROCK PRODUCTS LLC, UNITED PARCEL SERVICE, INC., UPS GROUND FREIGHT, INC., UPS SUPPLY CHAIN SOLUTIONS, INC., VIRGINIA CONCRETE COMPANY LLC, VIRGINIA ELECTRIC AND POWER COMPANY, VULCAN AGGREGATES COMPANY LLC, VULCAN CONSTRUCTION MATERIALS LLC, VULCAN MATERIALS COMPANY, WESTLAKE LONGVIEW CORP, WESTLAKE MANAGEMENT SERVICES INC, WESTLAKE PETROCHEMICALS L L C, WESTLAKE POLYMERS L L C, WESTLAKE STYRENE L L C, WESTLAKE VINYLS CO L P, WESTLAKE VINYLS INC, WESTROCK COATED BOARD, LLC, WESTROCK COMPANY, WESTROCK COMPANY OF CANADA CORP./COMPAGNIE WESTROCK DU CANADA CORP., WESTROCK CONTAINER, LLC, WESTROCK CP, LLC, WESTROCK KRAFT PAPER, LLC, WESTROCK LONGVIEW, LLC, WESTROCK MILL COMPANY, LLC, WESTROCK MINNESOTA CORPORATION, WESTROCK NORTHWEST, LLC, WESTROCK SOUTHEAST, LLC, WESTROCK TEXAS, L.P., WESTROCK VIRGINIA, LLC, WESTROCK-REX, LLC, WESTROCK-SOLVAY, LLC, WHITE SPRINGS AGRICULTURAL CHEMICALS, INC., WPT L L C, WYNNEWOOD REFINING COMPANY, LLC, AGGREGATE INDUSTRIES - MWR, INC., AGGREGATE INDUSTRIES - SWR, INC., AGGREGATE INDUSTRIES MANAGEMENT, INC., AGGREGATE INDUSTRIES NORTHEAST REGION, INC., AGGREGATES USA (MACON) LLC, AGGREGATES USA (SAVANNAH) LLC, AGGREGATES USA (SPARTA) LLC, AGGREGATES USA, LLC, AGRIUM (U.S.), INC., ALCOA CORPORATION, ALCOA FUELS, INC., ALCOA POWER GENERATING, INC., ALCOA WORLD ALUMINA, LLC, ALUMAX MILL PRODUCTS, INC., AMALGAMATED SUGAR COMPANY, LLC, AMERICAN ROCK SALT COMPANY LLC, AP MOLLER - MAERSK A/S, ARCONIC, INC., ATLANTIC GRANITE COMPANY (Trebicka, Viola)
March 24, 2020 Opinion or Order MINUTE ORDER (paperless) STRIKING #13 Notice of Filing Proposed Stipulated Protective Order, #14 Notice of Filing Proposed Stipulated Protective Order, #17 Notice of Stipulated Protective Order, and #23 Notice of Filing Proposed Stipulated Protective Order, for failure to comply with this Court's #10 Initial Practice and Procedure Order ¶ 5(a), which requires that all requests for court action, including requests for the entry of stipulated protective orders, be made "by motion, and not by stipulation or letter." Accordingly, the abovementioned notices are hereby stricken with leave to refile in compliance with the Initial Practice and Procedure Order. Signed by Chief Judge Beryl A. Howell on March 24, 2020. (lcbah3)
March 23, 2020 Opinion or Order Filing 23 STRICKEN PURSUANT TO MINUTE ORDER FILED 3/24/2020.....NOTICE of Proposed Order Stipulated Protective Order by INTERNATIONAL PAPER COMPANY (Attachments: #1 Exhibit 1 - Proposed Stipulated Protective Order)(Razzano, Susan) Modified on 3/27/2020 (zrdj).
March 23, 2020 Opinion or Order Filing 22 CONDITIONAL TRANSFER ORDER (CTO-7) dated 3/23/2020 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407. (MDL 2925) (ztnr)
March 19, 2020 Opinion or Order Filing 21 CONDITIONAL TRANSFER ORDER (CTO-6) dated 3/19/2020 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407. (MDL 2925) (ztnr)
March 18, 2020 Opinion or Order Filing 20 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on March 18, 2020. (lcbah3)
March 18, 2020 Opinion or Order Filing 19 Joint MOTION for Protective Order by BASF CATALYSTS LLC, BASF CORPORATION, COGNIS USA LLC, EQUILON ENTERPRISES LLC, NLMK PENNSYLVANIA, LLC, NLMK USA, INC, PENNZOIL-QUAKER STATE COMPANY, PROCAT TESTING LLC, SHARON COATING, LLC, SHELL CHEMICAL LP, SHELL CHEMICALS CANADA, SHELL TRADING (US) COMPANY, WESTROCK COATED BOARD, LLC, WESTROCK COMPANY, WESTROCK COMPANY OF CANADA CORP./COMPAGNIE WESTROCK DU CANADA CORP., WESTROCK CONTAINER, LLC, WESTROCK CP, LLC, WESTROCK KRAFT PAPER, LLC, WESTROCK LONGVIEW, LLC, WESTROCK MILL COMPANY, LLC, WESTROCK MINNESOTA CORPORATION, WESTROCK NORTHWEST, LLC, WESTROCK SOUTHEAST, LLC, WESTROCK TEXAS, L.P., WESTROCK VIRGINIA, LLC, WESTROCK-REX, LLC, WESTROCK-SOLVAY, LLC (Attachments: #1 Text of Proposed Order)(Rashid, Sami)
March 18, 2020 Opinion or Order Filing 18 NOTICE of Appearance by Sami H. Rashid on behalf of EQUILON ENTERPRISES LLC, NLMK PENNSYLVANIA, LLC, NLMK USA, INC, PENNZOIL-QUAKER STATE COMPANY, SHARON COATING, LLC, SHELL CHEMICAL LP, SHELL CHEMICALS CANADA, SHELL TRADING (US) COMPANY (Rashid, Sami)
March 18, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #19 Joint Motion for Entry of Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on March 18, 2020. (lcbah3)
March 16, 2020 Opinion or Order Filing 17 STRICKEN PURSUANT TO MINUTE ORDER FILED 3/24/2020.....NOTICE of Stipulated Protective Order by EQUISTAR CHEMICALS, LP, LYONDELL CHEMICAL COMPANY, LYONDELLBASELL ACETYLS, LLC, LYONDELLBASELL INDUSTRIES N.V., TOTAL PETROCHEMICALS & REFINING USA, INC. (Attachments: #1 Exhibit 1 - Proposed Stipulated Protective Order)(Harrison, Geoffrey) Modified on 3/27/2020 (zrdj).
March 16, 2020 Opinion or Order Filing 16 PROTECTIVE ORDER. Signed by Chief Judge Beryl A. Howell on March 16, 2020. (lcbah3)
March 16, 2020 Opinion or Order MINUTE ORDER (paperless) GRANTING #15 Motion for the Approval and Entry of a Stipulated Protective Order. Signed by Chief Judge Beryl A. Howell on March 16, 2020. (lcbah3)
March 12, 2020 Opinion or Order Filing 15 MOTION for Protective Order by DOMTAR CORPORATION, FORD MOTOR COMPANY, SOUTH CAROLINA PUBLIC SERVICE AUTHORITY (Attachments: #1 Exhibit 1 to Motion - Protective Order, #2 Exhibit A to Protective Order, #3 Exhibit B to Protective Order)(Eddy, David)
March 12, 2020 Opinion or Order Filing 14 STRICKEN PURSUANT TO MINUTE ORDER FILED 3/24/2020.....NOTICE of Proposed Order by J. R. SIMPLOT COMPANY (Attachments: #1 Exhibit 1- [Proposed] Stipulated Protective Order)(Coolidge, Melinda) Modified on 3/27/2020 (zrdj).
March 11, 2020 Opinion or Order Filing 13 STRICKEN PURSUANT TO MINUTE ORDER FILED 3/24/2020.....NOTICE of Proposed Order Stipulated Protective Order by CEMEX, INC., CLEARWATER PAPER CORPORATION, GOODYEAR TIRE AND RUBBER COMPANY, KRAFT HEINZ FOODS COMPANY, POTLATCHDELTIC CORPORATION, RAYONIER ADVANCED MATERIALS INC., UNILEVER ASCC AG, UPM-KYMMENE, INC. (Attachments: #1 Exhibit 1)(Landon, Robert) Modified on 3/27/2020 (zrdj).
March 11, 2020 Opinion or Order Filing 12 NOTICE of Appearance by William J. Blechman on behalf of CEMEX, INC., CLEARWATER PAPER CORPORATION, GOODYEAR TIRE AND RUBBER COMPANY, KRAFT HEINZ FOODS COMPANY, POTLATCHDELTIC CORPORATION, RAYONIER ADVANCED MATERIALS INC., UNILEVER ASCC AG, UPM-KYMMENE, INC. (Blechman, William)
March 11, 2020 Opinion or Order Filing 11 CONDITIONAL TRANSFER ORDER (CTO-5) dated 3/11/2020 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407. (MDL 2925)(ztnr)
March 11, 2020 Opinion or Order Set/Reset Hearings: Initial Scheduling Conference scheduled for 4/29/2020, at 10:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell. (tg)
March 11, 2020 Opinion or Order Set/Reset Deadlines: Joint Meet & Confer Preliminary Report due by 4/21/2020. (tg)
March 10, 2020 Opinion or Order Filing 10 INITIAL PRACTICE AND PROCEDURE ORDER. Signed by Chief Judge Beryl A. Howell on March 10, 2020. (Attachments: #1 MDL 2925 Cases) (lcbah3) Modified to correct typo on 3/11/2020 (tg).
March 4, 2020 Opinion or Order Filing 9 NOTICE of Proposed Order by SOUTH CAROLINA PUBLIC SERVICE AUTHORITY (Attachments: #1 Exhibit Proposed Stipulated Protective Order)(Eddy, David)
March 4, 2020 Opinion or Order Filing 8 NOTICE of Proposed Order by FORD MOTOR COMPANY (Attachments: #1 Exhibit Proposed Stipulated Protective Order)(Eddy, David)
March 4, 2020 Opinion or Order Filing 7 NOTICE of Proposed Order by DOMTAR CORPORATION (Attachments: #1 Exhibit Proposed Stipulated Protective Order)(Eddy, David)
February 28, 2020 Opinion or Order Filing 6 CONDITIONAL TRANSFER ORDER (CTO-4) dated 2/28/2020 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407. (MDL 2925)(ztnr)
February 26, 2020 Opinion or Order Filing 5 AMENDED COMPLAINT against BNSF RAILWAY COMPANY, CSX TRANSPORTATION, INC., NORFOLK SOUTHERN RAILWAY COMPANY, UNION PACIFIC RAILROAD COMPANY with Jury Demand filed by TOYOTA MOTOR SALES, U.S.A., INC., TOYOTA CANADA INC..(Hassi, Edward)
February 21, 2020 Opinion or Order Filing 4 CONDITIONAL TRANSFER ORDER (CTO-3) dated 2/21/2020 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407.(MDL 2925) (ztnr)
February 19, 2020 Opinion or Order Filing 3 CONDITIONAL TRANSFER ORDER (CTO-2) dated 2/19/2020 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407.(MDL 2925) (ztnr)
February 18, 2020 Opinion or Order Filing 2 CONDITIONAL TRANSFER ORDER (CTO-1) dated 2/18/2020 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407.(MDL 2925) (ztnr)
February 6, 2020 Opinion or Order Filing 1 TRANSFER ORDER dated 2/6/2020 from the Judicial Panel on Multidistrict Litigation directing the transfer to the U.S. District Court for the District of Columbia, with the consent of that court, assigned to the Honorable Chief Judge Beryl A. Howell for coordinated pretrial proceedings pursuant to 28 U.S.C. 1407.(MDL 2925) (ztnr)

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Search for this case: RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATION (NO. II)- MDL NO. 2925
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Plaintiff: WISCONSIN ELECTRIC POWER COMPANY
Represented By: Peter A. Pfohl
Represented By: Frank J. Pergolizzi
Represented By: David C Smith
Represented By: Craig Philip Seebald
Represented By: Lindsey R. Vaala
Represented By: Alden Lewis Atkins
Represented By: John H. Leseur
Represented By: Peter Anthony Pfohl
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Plaintiff: NORTHERN INDIANA PUBLIC SERVICE COMPANY LLC
Represented By: Sandra Lee Brown
Represented By: David Andrew Wilson
Represented By: David E. Benz
Represented By: Joseph Andrew Smith
Represented By: Daniel Ferrel McInnis
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Plaintiff: AK STEEL CORPORATION
Represented By: Peter A. Pfohl
Represented By: Frank J. Pergolizzi
Represented By: David C Smith
Represented By: Craig Philip Seebald
Represented By: Lindsey R. Vaala
Represented By: Alden Lewis Atkins
Represented By: John H. Leseur
Represented By: Peter Anthony Pfohl
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Plaintiff: KELLOGG COMPANY
Represented By: David P. Germaine
Represented By: Joseph M Vanek
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Plaintiff: ENTERGY LOUISIANA, LLC
Represented By: Peter A. Pfohl
Represented By: Frank J. Pergolizzi
Represented By: David C Smith
Represented By: Craig Philip Seebald
Represented By: Lindsey R. Vaala
Represented By: Alden Lewis Atkins
Represented By: John H. Leseur
Represented By: Peter Anthony Pfohl
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Plaintiff: ENTERGY ARKANSAS, LLC
Represented By: Peter A. Pfohl
Represented By: Frank J. Pergolizzi
Represented By: David C Smith
Represented By: Craig Philip Seebald
Represented By: Lindsey R. Vaala
Represented By: Alden Lewis Atkins
Represented By: John H. Leseur
Represented By: Peter Anthony Pfohl
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Plaintiff: EXELON GENERATION COMPANY, LLC
Represented By: Peter A. Pfohl
Represented By: Frank J. Pergolizzi
Represented By: David C Smith
Represented By: Craig Philip Seebald
Represented By: Lindsey R. Vaala
Represented By: Alden Lewis Atkins
Represented By: John H. Leseur
Represented By: Peter Anthony Pfohl
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Plaintiff: MISSISSIPPI POWER COMPANY
Represented By: Sandra Lee Brown
Represented By: David Andrew Wilson
Represented By: David E. Benz
Represented By: Joseph Andrew Smith
Represented By: Daniel Ferrel McInnis
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