CSX Transportation, Inc. v. International Association of Sheet Metal, Air, Rail and Transportation Workers- Transportation Division (Smart-TD)
| CSX Transportation, Inc. |
| International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD) |
| International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD) |
| CSX Transportation, Inc. |
| 3:2026cv01795 |
| July 13, 2026 |
| U.S. District Court for the Middle District of Florida |
| Wendy W Berger |
| Samuel J Horovitz |
| Labor: Railway Labor Act |
| 05 U.S.C. § 0704 Labor Litigation |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 9, 2026. A more recent docket listing may be available from PACER.
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Filing 40
TRANSCRIPT of Evidentiary Hearing held on 7/28/26 before Judge Wendy W. Berger. Court Reporter/Transcriber: Shelli Kozachenko. Email address: [email protected]. Telephone number: 904.301.6842. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 9/30/2026. Redacted Transcript Deadline set for 10/13/2026. Release of Transcript Restriction set for 12/8/2026. (SMK)
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Filing 39
AMENDED ORDER re #38 Order on Motions for Preliminary Injunction. This Amended Order includes citations to exhibits submitted at the July 28, 2026 evidentiary hearing. The Preliminary Injunction entered on July 29, 2026, remains in full force and effect and is in no way altered by this Amended Order. Signed by Judge Wendy W. Berger on 7/30/2026. (MMB)
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Filing 38
ORDER denying #33 Defendant's Motion for Preliminary Injunction; granting #13 Plaintiff's Renewed Time-Sensitive Motion for Temporary Restraining Order and/or Preliminary Injunction. See Order for details. Signed by Judge Wendy W. Berger on 7/29/2026. (MMB)
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Filing 37
Minute Entry. In Person Proceedings held before Judge Wendy W. Berger: Evidentiary Hearing held on 7/28/2026. Court Reporter: Shelli Kozachenko (CKS) (Additional attachment(s) added on 8/4/2026: #1 Joint Exhibit 1, #2 Joint Exhibit 2, #3 Joint Exhibit 3, #4 Joint Exhibit 4, #5 Joint Exhibit 5, #6 Joint Exhibit 6, #7 Joint Exhibit 7, #8 Plaintiff's Exhibit 1, #9 Plaintiff's Exhibit 5, #10 Plaintiff's Exhibit 6, #11 Defendant's Exhibit 1-B, #12 Defendant's Exhibit 1-D, #13 Defendant's Exhibit 1-F, #14 Defendant's Exhibit 3, #15 Defendant's Exhibit 4, #16 Defendant's Exhibit 5, #17 Defendant's Exhibit 7) (CKS).
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Filing 36
REPLY to Response to Motion re #33 MOTION for Preliminary Injunction and Memorandum in Support filed by International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD). (Pierce, Matt)
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Filing 35
REPLY in Support of #13 MOTION for Preliminary Injunction, MEMORANDUM in opposition re #33 Motion for Preliminary Injunction filed by CSX Transportation, Inc. (Attachments: #1 Exhibit Reply Declaration of Jeffery Wall, #2 Exhibit Wall Decl. Ex. 1 (Discipline Letter), #3 Exhibit Wall Decl. Ex. 2 (Discipline Letter), #4 Exhibit Wall Decl. Ex. 3 (Discipline Letter), #5 Exhibit Wall Decl. Ex. 4 (Discipline Letter), #6 Exhibit Wall Decl. Ex. 5 (Discipline Letter), #7 Exhibit Declaration of Jennifer Manz, #8 Exhibit Manz Decl. Ex. 1 (Dec. 2022 and May 2023 Email Correspondence))(Chiavetta, Thomas) Modified on 7/27/2026 as to docket text (LJC).
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Filing 34
REPLY to #32 Counterclaim by CSX Transportation, Inc. Related document: #32 Answer to Complaint Counterclaim filed by International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD).(Chiavetta, Thomas) Modified on 7/27/2026 as to docket text (LJC).
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Filing 33
MOTION for Preliminary Injunction and Memorandum in Support by International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD). (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(Pierce, Matt)
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Filing 32
ANSWER and affirmative defenses to #1 Complaint , Verified COUNTERCLAIM against CSX Transportation, Inc. by International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD).(Pierce, Matt)
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Filing 31
ORDER granting #25 Plaintiff's Time-Sensitive Motion to Amend the Temporary Restraining Order as set forth herein. The Court's #18 July 15, 2026 Order and Temporary Restraining Order is extended up to and including July 29, 2026. See Order for preliminary injunction briefing and hearing schedule. Signed by Judge Wendy W. Berger on 7/18/2026. (MMB)
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Filing 30
NOTICE of Filing Regarding Compliance with Temporary Restraining Order by International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD) (Pierce, Matt) Modified on 7/20/2026 to edit docket text. (WLB).
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Filing 29
Joint NOTICE Regarding Preliminary Injunction Hearing by CSX Transportation, Inc. (Chiavetta, Thomas) Modified on 7/20/2026 to edit docket text. (WLB).
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Filing 28
RESPONSE to Motion re #25 Time Sensitive MOTION to Amend #18 Order on Motion for Temporary Restraining Order, Order on Motion for Preliminary Injunction filed by International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD). (Pierce, Matt)
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Filing 27
RESPONSE in Opposition re #13 Time Sensitive MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD). (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Underwood, Robert)
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Filing 26
NOTICE of compliance re #25 Time Sensitive MOTION to Amend #18 Order on Motion for Temporary Restraining Order, Order on Motion for Preliminary Injunction re: Generative AI Order by CSX Transportation, Inc. (Chiavetta, Thomas)
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Filing 25
Time Sensitive MOTION to Amend #18 Order on Motion for Temporary Restraining Order, Order on Motion for Preliminary Injunction by CSX Transportation, Inc.. (Chiavetta, Thomas) Motions referred to Magistrate Judge Samuel J. Horovitz.
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Filing 24
ENDORSED ORDER granting #16 #17 Unopposed Motions for Special Admission. If Matt Pierce and Hannah Katz have not already done so, they shall expeditiously register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. The parties are instructed that future filings must comply with the standing orders of the presiding District Judge, which are available at https://www.flmd.uscourts.gov/judges/wendy-berger. Future filings must include an AI certification in compliance with the April 2, 2026, standing order, and must comply with the typography requirements of the January 13, 2021, standing order (and, as modified therein, Local Rule 1.08). Signed by Magistrate Judge Samuel J. Horovitz on 7/16/2026. (KTQ)
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Filing 23
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)
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Filing 22
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective November 1, 2025, and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 7/16/2026. (CKS)
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Filing 21
NOTICE by CSX Transportation, Inc. of Posting Bond (Attachments: #1 Exhibit A)(Bilik, Robert)
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Filing 20
INJUNCTION BOND in the amount of $ $200,000.00 posted by CSX Transportation, Inc. (JVC)
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Filing 19
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD). (Underwood, Robert)
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Filing 18
ORDER granting in part #13 Motion for Temporary Restraining Order. See Order for details. Signed by Judge Wendy W. Berger on 7/15/2026. (MDJ)
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Filing 17
Unopposed MOTION for Hannah Katz to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-25257649 for $150 by International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD). (Underwood, Robert) Motions referred to Magistrate Judge Samuel J. Horovitz.
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Filing 16
Unopposed MOTION for Matt Pierce to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-25257584 for $150 by International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD). (Underwood, Robert) Motions referred to Magistrate Judge Samuel J. Horovitz.
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Filing 15
NOTICE of Appearance by Robert R. Underwood, II on behalf of International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD) (Underwood, Robert)
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Filing 14
ENDORSED ORDER granting #10 Unopposed Motion for Special Admission. If Thomas R. Chiavetta, Esq. has not already done so, he 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 Samuel J. Horovitz on 7/15/2026. (KTQ)
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Filing 13
RENEWED TIME SENSITIVE MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction and Incorporated Memorandum of Law by CSX Transportation, Inc. (Attachments: #1 Exhibit Amended Certificate of Compliance with Rule 65)(Bilik, Robert) Modified text on 7/15/2026 (BD).
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Filing 12
ORDER denying without prejudice #2 Plaintiff's Time-Sensitive Motion for Temporary Restraining Order and/or Preliminary Injunction. Signed by Judge Wendy W. Berger on 7/14/2026. (MMB)
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Filing 11
NOTICE of Lead Counsel Designation by Robert Eric Bilik on behalf of CSX Transportation, Inc. Lead Counsel: R. Eric Bilik. (Bilik, Robert) Modified on 7/14/2026 to edit docket text. (WLB).
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Filing 10
Unopposed MOTION for Thomas R. Chiavetta to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-25248729 for $150 by CSX Transportation, Inc. (Bilik, Robert) Motions referred to Magistrate Judge Samuel J. Horovitz. Modified on 7/14/2026 to edit docket text. (WLB).
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Filing 9
SUMMONS issued as to International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD). (JVC)
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Filing 8
NOTICE TO COUNSEL Thomas R. Chiavetta Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; Pay the Special Admission Fee; (Signed by Deputy Clerk). (JVC)
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Filing 7
NOTICE to ALL Counsel 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). (JVC)
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Filing 6
NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Samuel J. Horovitz. New case number: 3:26-cv-01795-WWB-SJH. Motion(s) REFERRED: #2 Time Sensitive MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction and Incorporated Memorandum of Law. Motion(s) referred to Magistrate Judge Samuel J. Horovitz. (JVC)
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Filing 5
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by CSX Transportation, Inc. identifying Corporate Parent CSX Corporation for CSX Transportation, Inc. (Bilik, Robert) Modified on 7/14/2026 to edit text. (JVC)
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Filing 4
CERTIFICATE of compliance with Rule 65 by CSX Transportation, Inc. (Bilik, Robert) Modified on 7/14/2026 to edit text. (JVC)
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Filing 3
DECLARATION of Jeffery Wall re #2 Time Sensitive MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction and Incorporated Memorandum of Law by CSX Transportation, Inc. (Attachments: #1 Exhibit A - Declaration of Jeffery Wall, #2 Exhibit 1 - CSX Craft Attendance Policy, #3 Exhibit 2 - CAPS Policy, Effective March 1, 2015, #4 Exhibit 3 - CAPS Policy, Effective June 1, 2019, #5 Exhibit 4 - 2023 Agreement Between CSXT and SMART-TD, #6 Exhibit 5 - System Notice 502, #7 Exhibit 6 - Corrective Action Policy, #8 Exhibit 7 - 2019 Individual Development and Personal Accountability Policy, #9 Exhibit 8 - Arbitration Awards, #10 Exhibit 9 - June 30, 2026 Email Correspondence, #11 Exhibit 10 - Mr. Lee's June 30, 2026 Email, #12 Exhibit 11 - Jeffery Wall July 2, 2026 Letter, #13 Exhibit 12 - Jeremy Ferguson July 9, 2026 Letter)(Bilik, Robert) Modified on 7/14/2026 to edit text. (JVC)
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Filing 2
Time Sensitive MOTION for Temporary Restraining Order and/or, MOTION for Preliminary Injunction and Incorporated Memorandum of Law by CSX Transportation, Inc. (Attachments: #1 Text of Proposed Order)(Bilik, Robert) Modified on 7/14/2026 to note that Chambers has been notified. (JVC)
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Filing 1
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (VERIFIED) against All Defendants (Filing fee $405 receipt number AFLMDC-25246886) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Bilik, Robert) Modified on 7/14/2026 to note that Chambers has been notified. (JVC)
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| Search for this case: CSX Transportation, Inc. v. International Association of Sheet Metal, Air, Rail and Transportation Workers- Transportation Division (Smart-TD) | |
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| Plaintiff: CSX Transportation, Inc. | |
| Represented By: | Thomas R. Chiavetta |
| Represented By: | Kimberly Tolland Mydock |
| Represented By: | Emily Yandle Rottmann |
| Represented By: | Robert Eric Bilik |
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| Defendant: International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD) | |
| Represented By: | Robert R. Underwood, II |
| Represented By: | Matt Pierce |
| Represented By: | Hannah Aileen Katz |
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| Counter-claimant: International Association of Sheet Metal, Air, Rail and Transportation Workers-Transportation Division (Smart-TD) | |
| Represented By: | Robert R. Underwood, II |
| Represented By: | Matt Pierce |
| Represented By: | Hannah Aileen Katz |
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| Counter-defendant: CSX Transportation, Inc. | |
| Represented By: | Thomas R. Chiavetta |
| Represented By: | Kimberly Tolland Mydock |
| Represented By: | Emily Yandle Rottmann |
| Represented By: | Robert Eric Bilik |
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