PBR Group LLC v. Soo Line Railroad Company
| PBR Group LLC and PBR Group LLC d/b/a Tuggers aka Tuggers Burger & Ale House |
| Soo Line Railroad Company and Soo Line Railroad Company d/b/a Canadian Pacific |
| 4:2023cv04153 |
| September 19, 2023 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Real Property: Other |
| 28 U.S.C. § 1441 Notice of Removal- Injunctive/Declarato |
| None |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 STATUS REPORT by PBR Group LLC. (Havercamp, Steven) |
| Filing 16 STATUS REPORT by Soo Line Railroad Company. (Marshall, Brett) |
TEXT ORDER entered by Chief Judge Sara Darrow on November 13, 2023. This case was #1 removed to this Court on September 19, 2023. The Court denied Plaintiff's #9 Motion for Preliminary Injunction on September 29, 2023. Sept. 29, 2023 Min. Entry. Nothing has been filed by either party since. The parties are DIRECTED to file a status report by November 17, 2023. (AV)
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| Filing 15 NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings: MOTION HEARING held on 9/29/2023, before Judge Sara Darrow. Court Reporter/Transcriber Deb Thornburg, Telephone number 309-948-7026. Transcript purchased by: Andrew Davis. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. 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. Redaction Request due 10/26/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/3/2024. (JJK) |
| Minute Entry for proceedings held before Chief Judge Sara Darrow on Friday 9/29/2023 for Motion Hearing. Parties present via video by Attorney Havercamp on behalf of Plaintiff PBR Group LLC d/b/a Tuggers aka Tuggers Burger & Ale House and Attorney's Davis, Poertner, Wright, and Marshall on behalf of Defendant Soo Line Railroad Company d/b/a Canadian Pacific. Discussion held. Arguments heard. The Court denies #9 Motion for Preliminary Injunction for reasons stated on the record. (Court Reporter DT.) (RES) |
| Filing 14 AFFIDAVIT in Opposition re #9 MOTION for Preliminary Injunction (Daniel Jensen Declaration) filed by Defendant Soo Line Railroad Company. (Attachments: #1 Exhibit 1 - 09.10.1902 Recorded Deed, #2 Exhibit 2 - 07.300.1836 Recorded Plat - Lots 1-6, Block 5, #3 Exhibit 3 - 08.21.2006 Recorded Decl. of Condominium Ownership, #4 Exhibit 4 - 07.23.2008 Recorded 1st Supp. Decl. of Condominium Ownership, #5 Exhibit 5 - 08.05.2009 Recorded 2nd Supp. Decl. of Condominium Ownership, #6 Exhibit 6 - 07.27.2012 Recorded 3rd Supp. Decl. of Condominium Ownership, #7 Exhibit 7 - 02.20.2013 Recorded 4th Supp. Decl. of Condominium Ownership)(Davis, Andrew) |
| Filing 13 AFFIDAVIT in Opposition re #9 MOTION for Preliminary Injunction (Bruce B. Wold Declaration) filed by Defendant Soo Line Railroad Company. (Davis, Andrew) |
| Filing 12 MEMORANDUM in Opposition re #9 MOTION for Preliminary Injunction filed by Defendant Soo Line Railroad Company. (Davis, Andrew) |
| Filing 11 Federal Rule of Civil Procedure 7.1 Disclosure Statement by PBR Group LLC. (Havercamp, Steven) |
| Filing 10 MEMORANDUM In Support of Preliminary Injunction re #9 MOTION for Preliminary Injunction by PBR Group LLC. (Havercamp, Steven) |
| Filing 9 MOTION for Preliminary Injunction by Plaintiff PBR Group LLC. Responses due by 10/10/2023 (Attachments: #1 Exhibit Exhibit 1 to Motion, #2 Exhibit Exhibit 2 to Motion, #3 Exhibit Exhibit 3 to Motion, #4 Exhibit Exhibit 4 to Motion, #5 Exhibit Exhibit 5 to Motion, #6 Exhibit Exhibit 6 to Motion, #7 Exhibit Exhibit 7 to Motion, #8 Exhibit Exhibit 8 to Motion, #9 Exhibit Exhibit 9 to Motion, #10 Exhibit Exhibit 10 to Motion, #11 Exhibit Exhibit 11 to Motion, #12 Exhibit Exhibit 12 to Motion, #13 Exhibit Exhibit 13 to Motion, #14 Exhibit Exhibit 14 to Motion, #15 Exhibit Exhibit 15 to Motion, #16 Exhibit Exhibit 16 to Motion, #17 Exhibit Exhibit 17 to Motion, #18 Exhibit Exhibit 18 to Motion, #19 Exhibit Exhibit 19 to Motion)(Havercamp, Steven) |
| Filing 8 NOTICE of Appearance of Attorney by Zach Wright on behalf of Soo Line Railroad Company (Wright, Zach) |
| Filing 7 NOTICE of Appearance of Attorney by Andrew W Davis on behalf of Soo Line Railroad Company (Davis, Andrew) |
| Filing 6 NOTICE of Appearance of Attorney by Joshua Poertner on behalf of Soo Line Railroad Company (Poertner, Joshua) |
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TEXT ORDER entered by Chief Judge Sara Darrow on September 22, 2023. The telephone status hearing set for today is VACATED. The [1-2] motion for preliminary injunction is DENIED without prejudice. Plaintiff may file a new motion accompanied by a memorandum of law providing legal support for its arguments by September 26, 2023. See CDIL-LR 7.1(B)(1). Any response must be filed by September 28, 2023. Hearing on the anticipated motion is set for September 29, 2023 at 11:00 AM by video. Participants can log into the video hearing using the Zoom application or by going to https://zoom.com/join and entering the following Meeting ID: 16114537809. The Court will admit you from the waiting room once the hearing is ready to begin. (AV)
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| Filing 5 MEMORANDUM in Opposition to Plaintiff's Motion for Preliminary Injunction by Soo Line Railroad Company. (Marshall, Brett) |
| Set/Reset Hearings: Status Conference set for 9/22/2023 at 11:30 a.m. via telephone before Chief Judge Sara Darrow. (RES) |
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TEXT ORDER entered by Chief Judge Sara Darrow on September 21, 2023. This case is set for a telephonic status hearing regarding the motion for preliminary injunction on September 22, 2023 at 11:30 AM. Participants are directed to call (551) 285-1373 and enter the following Meeting ID when prompted to do so: 16114537809. (AAK)
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| Filing 4 Supplemental 7.1 Disclosure Statement by Soo Line Railroad Company. (Marshall, Brett) |
| Filing 3 AFFIDAVIT re #1 Notice of Removal by Soo Line Railroad Company. (Attachments: #1 Exhibit CPKC Right of Way Map, #2 Exhibit Photographs)(Marshall, Brett) Modified on 9/20/2023 for grammar (ED). |
| Filing 2 AFFIDAVIT re #1 Notice of Removal by Soo Line Railroad Company. (Attachments: #1 Exhibit Letter from S Kujawa to Tuggers, #2 Exhibit Follow up letter from Kujawa to Tuggers, #3 Exhibit CPKC Letter to Tuggers, #4 Exhibit Letter from Havercamp to Kujawa, #5 Exhibit Email from Stinson to Havercamp, #6 Exhibit Email response from Havercamp, #7 Exhibit Demand Letter from Davis to Havercamp, #8 Exhibit CPKC Letter to Tuggers, #9 Exhibit Email from Stinson to Havercamp)(Marshall, Brett) Modified on 9/20/2023 for grammar (ED). |
| Filing 1 NOTICE OF REMOVAL from 14th Judicial Circuit Rock Island County, case number 2023MR95 (Filing fee $ 402 receipt number AILCDC-4301899), filed by Soo Line Railroad Company. (Attachments: #1 Exhibit A-Complaint for Declaratory Relief, #2 Exhibit B-Motion for Preliminary Injunction, #3 Exhibit C-Proposed Order Granting Motion for Preliminary Injunction, #4 Exhibit D-Notice of Intent to Appear at Hearing on Motion, #5 Exhibit E-Entry of Appearance-Brett Marshall, #6 Exhibit F-Notice of Filing Notice of Removal, #7 Exhibit G-09.14.2023 Email from S. Havercamp, #8 Exhibit H-Illinois SOS-PBR Group, #9 Exhibit I-Minnesota SOS Filing Details, #10 Exhibit J-Tuggers Port Byron special event webpage, #11 Exhibit K-Property Tax & Parcel Detail)(Marshall, Brett) |
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