Kansas City Southern Railroad Company et al v. Borrowman et al
| Kansas City Southern Railroad Company and Norfolk Southern Railway Company |
| George D Borrowman, Russell E Koeller, Don Lundberg, Michael Perry Reed and Sny Island Levee Drainage District |
| 3:2009cv03094 |
| April 9, 2009 |
| US District Court for the Central District of Illinois |
| Springfield Office |
| XX US, Outside State |
| Charles H. Evans |
| Jeanne E. Scott |
| Other Statutory Actions |
| 49 U.S.C. ยง 11503 Railroad Revitalization Regulatory Reform |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
111
OPINION (See Written Opinion): The Sny Island Levee Drainage District's 2009, 2010, and 2011 assessments are hereby ENJOINED. The District is free to craft a non-discriminatory assessment pursuant to the Seventh Circuit's instructions, uti lizing the same assessment formula for Plaintiff railroad carriers as for the comparison class of taxpayers, and justifying any disparate treatment.FURTHERMORE, the Clerk of the Court is directed to remit to Plaintiff Kansas City Southern Railway Com pany and Plaintiff Norfolk Southern Railway Company the money paid by those entities to this Court in case no. 10-3127, as follows: 1. $171,088.26, plus any interest earned (less ten percent (10%) of interest earned owing to the Court), pay able to Kansas City Southern Railway Company;2. $187,834.68, plus any interest earned (less ten percent (10%) of interest earned owing to the Court), payable to Norfolk Southern Railway Company. The checks shall be made payable to the respective railroads and shall bemailed to: Paul M. Brown, Thompson Coburn, LLP, One US Bank Plaza, St. Louis, MO 63101. Entered by Judge Sue E. Myerscough on 6/29/2012 (VM, ilcd) Modified on 6/29/2012 to correct a typographical error. (VM, ilcd).
|
|
Filing
108
Opinion (See Written Opinion): The Motion (d/e 106) is GRANTED, and it is therefore ORDERED THAT: 1. The Clerk of this Court is directed to remit to Plaintiff Kansas City Southern Railway Company and the Norfolk Southern Railway Company the money pa id by those entities to this Court in the above-referenced cause number, as follows: a. $85,544.26, plus any interest earned (less ten percent (10%) of interest earned owing to the Court), payable to Kansas City Southern Railroad Company; b . $93,917.34, plus any interest earned (less ten percent (10%) of interest earned owing to the Court), payable to Norfolk Southern Railway Company. 2. The checks shall be made payable to the respective railroads and shall be mailed to: Pau l M. Brown, Thompson Coburn, LLP, One USBank Plaza #3500, St. Louis, MO 63101. 3. Any further rulings or proceedings are stayed in this case until the parties report back to this Court on the results of the proposed mediation. Magistrate Judge Cudmore is available for mediation if the Parties so choose. Entered by Judge Sue E. Myerscough on 9/12/2011. (VM, ilcd)
|
|
Filing
105
OPINION: The Sny Island Levee Drainage District's 2009 assessment is hereby ENJOINED. The parties are directed to file a joint status report by September 9, 2011. The joint status report shall address how to handle the funds that were deposited with the Clerk pursuant to the Court's Opinion of September 29, 2009, how the case should proceed from here, and any other issues the parties deem relevant. Entered by Judge Sue E. Myerscough on 8/30/2011. (ME, ilcd)
|
|
Filing
89
OPINON: Plaintiffs' Motion to Reconsider Order and Judgment of May 6, 2010 (d/e 77), Plaintiffs' Motion to Amend Judgment (d/e 79), and Plaintiffs Post Judgment Motion to Amend Their Complaint to Include Issues Tried by Consent (d/e 83) are DENIED. The Motion for Leave to File Reply to Defendants' Opposition to Motions for Reconsideration, toAmend Judgment, and to Amend Complaint (d/e 87, p. 1-4) is ALLOWED.The stay on disbursement of the monies held in the Court's registry enteredon May 13, 2010, shall continue in full force and effect for an additionalfourteen days from the date this Opinion is entered. Entered by Judge Jeanne E. Scott on 5/28/10. (ME, ilcd)
|
|
Filing
75
OPINION entered by Judge Jeanne E. Scott on 05/06/2010. SEE WRITTEN OPINION. The Court enters judgment in favor of Defendants, and against Plaintiffs Kansas City Southern Railway Company and Norfolk Southern Railway Company on all issues pres ented in Plaintiffs' Amended Complaint. Fourteen days after judgment is entered, the Clerk of Court is directed to disburse the funds in the Court's registry to Defendants. See Fed. R. Civ. P. 62(a). All pending motions are DENIED as MOOT. This case is closed. Entered by Judge Jeanne E. Scott on 05/06/2010. (DM, ilcd)
|
|
Filing
61
OPINION entered by Judge Jeanne E. Scott on 3/31/2010. (SEE WRITTEN ORDER) (MAS, ilcd)
|
|
Filing
39
OPINION entered by Judge Jeanne E. Scott on 09/29/2009. SEE WRITTEN OPINION. The Plaintiffs Motion to Reconsider (d/e 28) is GRANTED in part. The Court deletes the sentence found on page 17 of the August 18, 2009, Opinion which read: "In deed, it appears that § 11501(c) applies only to discriminatory property taxes, and therefore it does not assist Plaintiffs here." The Plaintiffs' Emergency Motion for Leave to Pay into the Registry of the Court (d/e 34) is GRANTED. Pl aintiff Kansas City Southern is directed to deposit with the Clerk of Court for the Central District of Illinois the sum of $85,544.26. Plaintiff Norfolk Southern is directed to deposit with the Clerk of Court for the Central District of Illinoi s the sum of $93,917.34. The Plaintiffs are directed to contact the Clerk's office for instructions on making the deposits. The Court orders these sums paid on or before October 9, 2009. The Plaintiffs' Motion for Protective Order (d/e 30) and Defendants' Opposition to Plaintiffs' Motion for Protective Order and Motion to Compel (d/e 33) are referred to Magistrate Judge Charles H. Evans. The Plaintiffs' Motion for Leave to File Reply (d/e 38) is DENIED as moot. (DM, ilcd)
|
|
Filing
27
OPINION entered by Judge Jeanne E. Scott on 08/18/2009. SEE WRITTEN OPINION. SEE OPINION OF SEPTEMBER 29, 2009 modifying this Opinion as follows: The Court deletes the sentence found on page 17 of the August 18, 2009, Opinion which read: "Indeed, it appears that § 11501(c) applies only to discriminatory property taxes, and therefore it does not assist Plaintiffs here." Plaintiffs' Motion for Preliminary Injunction (d/e 8) is DENIED. (DM, ilcd) Modified on 9/29/2009 to include information re modification entered per Opinion of September 29, 2009. (DM, ilcd).
|
|
Filing
20
OPINION entered by Judge Jeanne E. Scott on 05/22/2009. SEE WRITTEN OPINION. Defendants' Motion to Dismiss (d/e 6) and Plaintiffs' Request for Oral Argument on Defendants' Motion to Dismiss (d/e 15) are DENIED. This case is set for a hearing regarding Plaintiffs' Motion for Preliminary Injunction (d/e 8) on May 29, 2009, at 9:00 a.m. (DM, ilcd)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
