Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters v. Genesee & Wyoming, Inc. et al
| Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters |
| Genese & Wyoming, Inc., Railroad Engineering Services LLC d/b/a Engineering Services, Genesee & Wyoming, Inc., Railroad Engineering Services LLC doing business as Engineering Services and Genesee & Wyoming Railroad Services, Inc. |
| 3:2023cv00686 |
| June 9, 2023 |
| U.S. District Court for the Middle District of Florida |
| Brian J Davis |
| Joel B Toomey |
| Labor: Railway Labor Act |
| 45 U.S.C. § 151 Railway Labor Act |
| None |
Docket Report
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| Document Text |
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| Filing 39 Joint MOTION for Extension of Time to File Joint Case Management Report by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters. (Newport, Pamela) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 38 NOTICE Regarding Evidentiary Hearing by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters re #28 Order on Motion for Temporary Restraining Order (Newport, Pamela) (Modified on 8/7/2023, to edit text) (BGR). |
| Filing 37 NOTICE Regarding Evidentiary Hearing by Genesee & Wyoming Railroad Services, Inc., Railroad Engineering Services LLC re #28 Order on Motion for Temporary Restraining Order (Swiger, Lindsay) (Modified on 8/7/2023, to edit text) (BGR). |
| Filing 36 REPLY to Response to Motion re #25 MOTION for Temporary Restraining Order and Preliminary Injunction and Legal Memorandum in Support filed by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters. (Attachments: #1 Exhibit 1 - Declaration of Tony Cardwell, #2 Exhibit 2 - Supplemental Declaration of Thomas Kirby, #3 Exhibit 3 - Supplemental Declaration of Will Hinnant, #4 Exhibit 4 - GW June 7 Offer Letter)(Newport, Pamela) |
| Filing 35 MEMORANDUM in opposition re #25 Motion for Temporary Restraining Order filed by Genesee & Wyoming Railroad Services, Inc., Railroad Engineering Services LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Swiger, Lindsay) |
| Filing 34 ANSWER and affirmative defenses to #24 Amended Complaint by Genesee & Wyoming Railroad Services, Inc., Railroad Engineering Services LLC.(Swiger, Lindsay) |
Filing 33
ENDORSED ORDER granting #32 Unopposed Motion for Special Admission. If Rachel R. Rekowski, Esq., has not already done so, she shall expeditiously register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 7/21/2023. (JAG)
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| Filing 32 Unopposed MOTION for Rachel R. Rekowski to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21057496 for $150 by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters. (Newport, Pamela) Motions referred to Magistrate Judge Joel B. Toomey. |
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Filing 31
ENDORSED ORDER granting #29 #30 Motions for Special Admission. If Andrew J. Rolfes, Esq., and Robert S. Hawkins, Esq., have not already done so, they each shall expeditiously register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 7/19/2023. (JAG)
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| Filing 30 MOTION for Robert S. Hawkins to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21049007 for $150 by Genesee & Wyoming Railroad Services, Inc., Railroad Engineering Services LLC. (Attachments: #1 Exhibit 1)(Swiger, Lindsay) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 29 MOTION for Andrew J. Rolfes to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21048878 for $150 by Genesee & Wyoming Railroad Services, Inc., Railroad Engineering Services LLC. (Attachments: #1 Exhibit 1)(Swiger, Lindsay) Motions referred to Magistrate Judge Joel B. Toomey. |
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Filing 28
ORDER denying #25 Motion for Temporary Restraining Order. Motion for Preliminary Injunction remains under advisement. See Order for details. Signed by Judge Brian J. Davis on 7/14/2023. (MCW)
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| Filing 27 NOTICE of Filing Proposed Order re: re #25 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Exhibit 1 - Proposed Order)(Newport, Pamela) Modified text on 7/17/2023 (BD). |
| Filing 26 MEMORANDUM in opposition re #24 Amended Complaint, #25 Motion for Temporary Restraining Order filed by Genesee & Wyoming, Inc., Railroad Engineering Services LLC. (Attachments: #1 Exhibit A)(Swiger, Lindsay) |
| Filing 25 MOTION for Temporary Restraining Order and Preliminary Injunction and Legal Memorandum in Support by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters. (Attachments: #1 Exhibit 1 - Declaration of Thomas Kirby, #2 Exhibit 2 - Declaration of James William Hinnant, #3 Exhibit 3 - Declaration of Brandon Boyd)(Newport, Pamela) |
| Filing 24 AMENDED COMPLAINT FIRST against Genesee & Wyoming, Inc., Railroad Engineering Services LLC filed by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters. (Attachments: #1 Exhibit 1 - Certification)(Newport, Pamela) |
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Filing 23
ENDORSED ORDER granting #22 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendants shall have up to and including July 25, 2023 to respond to the Complaint #6. Signed by Magistrate Judge Joel B. Toomey on 7/11/2023. (TSP)
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| Filing 22 Unopposed MOTION for Extension of Time to File Answer re #6 Complaint or Otherwise Respond to Complaint by All Defendants. (Swiger, Lindsay) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 21 NOTICE of Appearance by Ryan T. Dyson on behalf of Railroad Engineering Services LLC (Dyson, Ryan) |
| Filing 20 NOTICE of Appearance by Lindsay Dennis Swiger on behalf of Railroad Engineering Services LLC (Swiger, Lindsay) |
| Filing 19 RETURN of service executed on 06/20/2023 by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters as to Genesee & Wyoming, Inc.. (Braswell, D.) |
| Filing 18 RETURN of service executed on 06/20/2023 by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters as to Railroad Engineering Services LLC. (Braswell, D.) |
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Filing 17
ENDORSED ORDER granting #9 #10 #11 Motions for Special Admission. If Pamela M. Newport, Esq., Joe P. Leniski, Jr., Esq., and David O'Brien Suetholz, Esq., have not already done so, they each shall expeditiously register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 6/16/2023. (JAG)
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| Filing 16 SUMMONS reissued as to Genesee & Wyoming, Inc., Railroad Engineering Services LLC. (BD) |
| Filing 15 PROPOSED summons to be issued by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters. (Braswell, D.) |
| Filing 14 PROPOSED summons to be issued by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters. (Braswell, D.) |
| Filing 13 SUMMONS returned unexecuted by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters as to Genesee & Wyoming, Inc.. (Braswell, D.) |
| Filing 12 SUMMONS returned unexecuted by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters as to Railroad Engineering Services LLC. (Braswell, D.) |
| Filing 11 Unopposed MOTION for David O'Brien Suetholz to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20943314 for $150 by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters. (Braswell, D.) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 10 Unopposed MOTION for Joe P. Leniski, Jr. to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20943313 for $150 by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters. (Braswell, D.) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 9 Unopposed MOTION for Pamela N. Newport to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20943311 for $150 by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters. (Braswell, D.) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 8 NOTICE of Lead Counsel Designation by D. Marcus Braswell, Jr on behalf of Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters. Lead Counsel: Pamela M. Newport. (Braswell, D.) |
| Filing 7 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (CKS) |
| Filing 6 COMPLAINT (Corrected to Include Digital Signature) against All Defendants filed by Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters. (Attachments: #1 Civil Cover Sheet)(Braswell, D.) |
| Filing 5 SUMMONS issued as to Genesee & Wyoming, Inc., Railroad Engineering Services LLC. (BD) |
| Filing 4 NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (BD) |
| Filing 3 NOTICE TO COUNSEL David O'Brien Suetholz, Joe P. Leniski, Jr., Pamela M. Newport, and Rachel R. Rekowski Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (AET) |
| Filing 2 NEW CASE ASSIGNED to Judge Brian J. Davis and Magistrate Judge Joel B. Toomey. New case number: 3:23-cv-686-BJD-JBT. (AET) |
| Filing 1 COMPLAINT for Violation of Railway Labor Act against Genese & Wyoming, Inc., Railroad Engineering Services LLC d/b/a Engineering Services (Filing fee $402 receipt number AFLMDC-20927638) filed by All Plaintiffs. (Attachments: #1 Exhibit 1 (50 NMB No. 17 CASE NO. R-7608 CERTIFICATION), #2 Civil Cover Sheet, #3 Proposed Summons Summons - G&W, #4 Proposed Summons Summons - RES)(Braswell, D.) |
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| Plaintiff: Brotherhood of Maintenance of Way Employes Division of the Internationl Brotherhood of Teamsters | |
| Represented By: | D. Marcus Braswell, Jr. |
| Represented By: | Joe P. Leniski, Jr. |
| Represented By: | Rachel R. Rekowski |
| Represented By: | Pamela M Newport |
| Represented By: | David O'Brien Suetholz |
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| Defendant: Genese & Wyoming, Inc. | |
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| Defendant: Railroad Engineering Services LLC d/b/a Engineering Services | |
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| Defendant: Genesee & Wyoming, Inc. | |
| Represented By: | Lindsay Dennis Swiger |
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| Defendant: Railroad Engineering Services LLC doing business as Engineering Services | |
| Represented By: | Lindsay Dennis Swiger |
| Represented By: | Ryan T. Dyson |
| Represented By: | Andrew J. Rolfes |
| Represented By: | Robert S. Hawkins |
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| Defendant: Genesee & Wyoming Railroad Services, Inc. | |
| Represented By: | Ryan T. Dyson |
| Represented By: | Lindsay Dennis Swiger |
| Represented By: | Andrew J. Rolfes |
| Represented By: | Robert S. Hawkins |
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