Indiana Rail Road Company, The et al v. Illinois Commerce Commission et al
| American Short Line and Regional Railroad Association, Indiana Rail Road Company, The and Association of American Railroads |
| Illinois Commerce Commission, Brien J. Sheahan, Sadzi Martha Oliva, Carrie Zalewski, Maria S. Bocanegra and D. Ethan Kimbrel |
| Transportation Division of the Sheet Metal, Air, Rail Transportation Workers and The Brotherhood of Locomotive Engineers and Trainmen |
| 1:2019cv06466 |
| September 30, 2019 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 21, 2021. A more recent docket listing may be available from PACER.
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Filing 43
ANSWER to Complaint by Maria S. Bocanegra, Illinois Commerce Commission, D. Ethan Kimbrel, Sadzi Martha Oliva, Brien J. Sheahan, Carrie Zalewski(Walsh, Erin)
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Filing 42
NOTICE by The Brotherhood of Locomotive Engineers and Trainmen, Transportation Division of the Sheet Metal, Air, Rail Transportation Workers re complaint, #1 (D'Alba, Joel)
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Filing 41
ANSWER to Complaint by The Brotherhood of Locomotive Engineers and Trainmen, Transportation Division of the Sheet Metal, Air, Rail Transportation Workers (D'Alba, Joel)
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Filing 40
MINUTE entry before the Honorable Edmond E. Chang: Application by Lawrence Mann to appear pro hac vice #38 on behalf of the Intervenor-Defendants is granted.Emailed notice (slb, )
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Filing 39
ATTORNEY Appearance for Movant Transportation Division of the Sheet Metal, Air, Rail Transportation Workers by Kevin C. Brodar (Brodar, Kevin)
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Filing 38
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16446741. (Mann, Lawrence)
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Filing 37
ATTORNEY Appearance for Movant Transportation Division of the Sheet Metal, Air, Rail Transportation Workers by Kevin C. Brodar (Brodar, Kevin)
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Filing 36
MINUTE entry before the Honorable Edmond E. Chang:The ICC Defendants' unopposed extension motion #34 to answer is granted to 11/20/2019. Emailed notice (slb, )
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Filing 35
NOTICE of Motion by Erin Walsh for presentment of motion for extension of time to file answer #34 before Honorable Edmond E. Chang on 11/19/2019 at 08:30 AM. (Walsh, Erin)
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Filing 34
MOTION by Defendants Maria S. Bocanegra, Illinois Commerce Commission, D. Ethan Kimbrel, Sadzi Martha Oliva, Brien J. Sheahan, Carrie Zalewski for extension of time to file answer (unopposed) (Walsh, Erin)
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Filing 33
MINUTE entry before the Honorable Edmond E. Chang:Status hearing held. Attorney Jacob T. Spencer appeared by telephone on behalf of Plaintiffs. The Union Movants' unopposed motion to intervene as Defendants #29 is granted. The Unions' pleading due 11/20/2019. The Court discussed whether limited discovery was needed before filing dispositive motions. The parties shall promptly confer on the issue and finish conferrals by 12/06/2019. If no agreement is reached, then the Unions shall file a motion for appropriate relief. On dispositive motions, to avoid repetitive briefs, the briefing schedule will comprise four deadlines instead of simultaneous briefs. Plaintiffs' opening motion for summary judgment (or judgment on the pleadings) due 01/06/2020. The ICC's and the Unions responses and cross-motions due 02/03/2020. Plaintiffs' reply on their own motion and response to Defendants' motions due 02/18/2020. Defendants' reply on their own motions due 03/02/2020. Status hearing set for 12/18/2020 at 10 a.m. The status report requirement #8 is vacated. Emailed notice (slb, )
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Filing 32
ATTORNEY Appearance for Movants The Brotherhood of Locomotive Engineers and Trainmen, Transportation Division of the Sheet Metal, Air, Rail Transportation Workers by Matthew Scott Jarka (Jarka, Matthew)
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Filing 31
ATTORNEY Appearance for Movants The Brotherhood of Locomotive Engineers and Trainmen, Transportation Division of the Sheet Metal, Air, Rail Transportation Workers by Ryan A Hagerty (Hagerty, Ryan)
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Filing 30
NOTICE of Motion by Joel Abbott D'Alba for presentment of motion to intervene, #29 before Honorable Edmond E. Chang on 11/13/2019 at 08:30 AM. (D'Alba, Joel)
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Filing 29
MOTION by Movants Transportation Division of the Sheet Metal, Air, Rail Transportation Workers, The Brotherhood of Locomotive Engineers and Trainmen to intervene Unopposed Motion to Intervene as Defendants and Memorandum in Support (D'Alba, Joel)
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Filing 28
ATTORNEY Appearance for Movant The Brotherhood of Locomotive Engineers and Trainmen, Transportation Division of the Sheet Metal, Air, Rail Transportation Workers by Joel Abbott D'Alba (D'Alba, Joel)(Docket text modified by Clerk's Office) Modified on 11/5/2019 (aee, ).
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Filing 27
MINUTE entry before the Honorable Edmond E. Chang: Defendants' unopposed extension motion #25 to answer is granted to 11/13/2019. On another topic, in light of the Commission's agreement to stay enforcement until after the case's resolution, it would appear that the preliminary injunction motion is moot. But because the case seems to turn on legal questions, rather than any fact disputes, there ought to be a way to promptly decide the case. Perhaps cross motions for judgment on the pleadings, or very limited exchange of discovery if needed and then prompt cross-motions for summary judgment. The parties shall confer and the status hearing of 12/03/2019 is vacated and accelerated to 11/06/2019 at 9:30 a.m. in order to discuss the way forward. Any lawyer may appear via telephone for the status hearing by contacting the courtroom deputy, Ms. Sandra Brooks (312.408.5121), with a contact phone number one day before the hearing.Emailed notice (slb, )
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Filing 26
NOTICE of Motion by Erin Walsh for presentment of motion for extension of time to file answer #25 before Honorable Edmond E. Chang on 11/4/2019 at 08:30 AM. (Walsh, Erin)
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Filing 25
MOTION by Defendants Maria S. Bocanegra, Illinois Commerce Commission, D. Ethan Kimbrel, Sadzi Martha Oliva, Brien J. Sheahan, Carrie Zalewski for extension of time to file answer (unopposed) (Walsh, Erin)
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Filing 24
STATUS Report by Maria S. Bocanegra, Illinois Commerce Commission, D. Ethan Kimbrel, Sadzi Martha Oliva, Brien J. Sheahan, Carrie Zalewski (Walsh, Erin)
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Filing 23
MINUTE entry before the Honorable Edmond E. Chang:Motion hearing held on Plaintiffs' motion for preliminary injunction #19 . The Court questioned why, in light of the Illinois statute's 08/09/2019 enactment and impending 01/01/2010 effective date, it took until 10/04/2019 for Defendants to file the motion. In any event, the State's response is due by 11/08/2019. Plaintiffs' reply due by 11/22/2019. By 10/22/2019, the State shall file a status report on whether it is willing to agree to stay enforcement of the statute pending the Court's decision, and if so, for how long. Status hearing set for 12/03/2019 at 10 a.m.Emailed notice (slb, )
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Filing 22
MINUTE entry before the Honorable Edmond E. Chang:On the Court's own initiative, the presentment time on the preliminary injunction motion is reset to 9 a.m. on the same date, 10/15/2019. Emailed notice (slb, )
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Filing 21
NOTICE of Motion by Thomas H. Dupree, Jr for presentment of motion for preliminary injunction #19 before Honorable Edmond E. Chang on 10/15/2019 at 08:30 AM. (Dupree, Thomas)
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Filing 20
MEMORANDUM by American Short Line and Regional Railroad Association, Association of American Railroads, Indiana Rail Road Company, The in support of motion for preliminary injunction #19 (Attachments: #1 Declaration of Robert Babcock, #2 Declaration of Kathryn D. Kirmayer, #3 Declaration of Jo E. Strang, #4 Declaration of Thomas H. Dupree Jr., #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3)(Dupree, Thomas)
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Filing 19
MOTION by Plaintiffs American Short Line and Regional Railroad Association, Association of American Railroads, Indiana Rail Road Company, The for preliminary injunction (Dupree, Thomas)
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Filing 18
ATTORNEY Appearance for Defendants Maria S. Bocanegra, Illinois Commerce Commission, D. Ethan Kimbrel, Sadzi Martha Oliva, Brien J. Sheahan, Carrie Zalewski by Erin Walsh (Walsh, Erin)
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Filing 17
AFFIDAVIT of Service filed by Plaintiffs American Short Line and Regional Railroad Association, Association of American Railroads, Indiana Rail Road Company, The regarding Affidavit of Service served on Sadzi Oliva on October 2, 2019 (Mohan, Kerry)
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Filing 16
AFFIDAVIT of Service filed by Plaintiffs American Short Line and Regional Railroad Association, Association of American Railroads, Indiana Rail Road Company, The regarding Affidavit of Service served on Brien Sheahan (Mohan, Kerry)
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Filing 15
AFFIDAVIT of Service filed by Plaintiffs American Short Line and Regional Railroad Association, Association of American Railroads, Indiana Rail Road Company, The regarding Affidavit of Service served on Carrie Zalewski on October 2, 2019 (Mohan, Kerry)
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Filing 14
AFFIDAVIT of Service filed by Plaintiffs American Short Line and Regional Railroad Association, Association of American Railroads, Indiana Rail Road Company, The regarding Affidavit of Service served on Ethan Kimbrel on October 2, 2019 (Mohan, Kerry)
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Filing 13
AFFIDAVIT of Service filed by Plaintiffs American Short Line and Regional Railroad Association, Association of American Railroads, Indiana Rail Road Company, The regarding Affidavit of Service served on Maria Bocanegra on October 2, 2019 (Mohan, Kerry)
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Filing 12
AFFIDAVIT of Service filed by Plaintiffs American Short Line and Regional Railroad Association, Association of American Railroads, Indiana Rail Road Company, The regarding Affidavit of Service served on Illinois Commerce Commission on October 2, 2019 (Mohan, Kerry)
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SUMMONS Issued as to Defendants Maria S. Bocanegra, Illinois Commerce Commission, D. Ethan Kimbrel, Sadzi Martha Oliva, Brien J. Sheahan, Carrie Zalewski (yt)
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Filing 11
ATTORNEY Appearance for Plaintiffs American Short Line and Regional Railroad Association, Association of American Railroads, Indiana Rail Road Company, The by Kerry Mohan (Mohan, Kerry)
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Filing 10
ATTORNEY Appearance for Plaintiffs American Short Line and Regional Railroad Association, Association of American Railroads, Indiana Rail Road Company, The by Daniel J. Mohan (Mohan, Daniel)
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Filing 9
NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (jh, )
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Filing 8
MINUTE entry before the Honorable Edmond E. Chang: Initial status hearing set for 11/22/2019 at 9:30 a.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Plaintiff must still file the report even if not all Defendants have been served or have responded to requests to craft a joint report. Because the Procedures are occasionally revised, counsel must read them anew even if counsel has appeared before Judge Chang in other cases.Emailed notice (Attachments: #1 Status Report Requirements) (slb, )
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Filing 7
ATTORNEY Appearance for Plaintiffs American Short Line and Regional Railroad Association, Association of American Railroads, Indiana Rail Road Company, The by Sean M. Sullivan (Sullivan, Sean)
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Filing 6
Corporate Disclosure Statement and Notification as to Affiliates by American Short Line and Regional Railroad Association (Dupree, Thomas)
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Filing 5
Corporate Disclosure Statement and Notification as to Affiliates by Association of American Railroads (Dupree, Thomas)
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Filing 4
Corporate Disclosure Statement and Notification as to Affiliates by Indiana Rail Road Company, The (Dupree, Thomas)
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Filing 3
ATTORNEY Appearance for Plaintiffs American Short Line and Regional Railroad Association, Association of American Railroads, Indiana Rail Road Company, The by Jacob T. Spencer (Spencer, Jacob)
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Filing 2
ATTORNEY Appearance for Plaintiffs American Short Line and Regional Railroad Association, Association of American Railroads, Indiana Rail Road Company, The by Thomas H. Dupree, Jr (Dupree, Thomas)
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Filing 1
COMPLAINT filed by American Short Line and Regional Railroad Association, Association of American Railroads, Indiana Rail Road Company, The; Filing fee $ 400, receipt number 0752-16286354. (Attachments: #1 Civil Cover Sheet)(Dupree, Thomas)
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CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. Case assignment: Random assignment. (td, )
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