BNSF Railway Company v. Town of Cicero, Illinois
| BNSF Railway Company |
| Town of Cicero, Illinois |
| 1:2021cv03072 |
| June 8, 2021 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Other Statutory Actions |
| 49 U.S.C. § 11503 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 21, 2022. A more recent docket listing may be available from PACER.
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Filing 40
MINUTE entry before the Honorable Steven C. Seeger: Status hearing held on July 29, 2021. The Court reviewed the joint status report (Dckt. No. #38 ) and the stipulation (Dckt. No. #39 ). A status report is due by August 12, 2021. Mailed notice. (jjr, )
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Filing 39
STIPULATION (Mariotti, Renato)
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Filing 38
STATUS Report (Joint) by BNSF Railway Company (Mariotti, Renato)
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Filing 37
MINUTE entry before the Honorable Steven C. Seeger: Status hearing held on July 16, 2021. The Court reviewed the joint status report regarding stipulation (Dckt. No. #36 ). The parties are not in agreement on all terms of the stipulation. As discussed at the hearing, the Court requested clarification of the Town of Cicero's position that it is not going to "enforce" the rate increase. There is a lingering question whether the Town of Cicero is dropping its demand for the rate increase, or rather is persisting in its position that BNSF owes the increased amount (but the Town is not going to take action to collect it). Defense counsel shall confer with the Town of Cicero and file a joint statement by July 28, 2021 that updates the Court on the status of the case. A status hearing is set for July 29, 2021 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 9369830. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jjr, )
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Filing 36
STATUS Report (Joint) by BNSF Railway Company (Attachments: #1 Exhibit A (BNSF Proposed Stipulation), #2 Exhibit B (Cicero Proposed Stipulation))(Mariotti, Renato)
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Filing 35
MINUTE entry before the Honorable Steven C. Seeger: Status hearing held on July 14, 2021. The Court discussed the pending motions (Dckt. Nos. #12 and #33 ), which are taken under advisement. By 10:00 a.m. on July 16, 2021, the parties will file a stipulation covering Cicero's decision not to enforce the ordinance in question. The Court sets a status hearing for July 16, 2021 at 11:00 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 9369830. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jjr, )
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Filing 34
RESPONSE by BNSF Railway Companyin Opposition to MOTION by Defendant Town of Cicero, Illinois to dismiss MOTION by Defendant Town of Cicero, Illinois to strike MOTION by Plaintiff BNSF Railway Company for temporary restraining order and preliminary injunction #12 on grounds of mootness #33 (Mariotti, Renato)
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Filing 33
MOTION by Defendant Town of Cicero, Illinois to dismiss , MOTION by Defendant Town of Cicero, Illinois to strike MOTION by Plaintiff BNSF Railway Company for temporary restraining order and preliminary injunction #12 on grounds of mootness (Attachments: #1 Exhibit A)(Grandfield, Cynthia)
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Filing 32
REPLY by Plaintiff BNSF Railway Company to motion for temporary restraining order #12 and preliminary injunction (Attachments: #1 Declaration of Renato Mariotti with Exhibits A & B)(Mariotti, Renato)
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Filing 31
MINUTE entry before the Honorable Steven C. Seeger: Plaintiff BNSF Railway's motion for protective order (Dckt. No. #22 ) is hereby granted. On June 23, 2021, this Court authorized the parties to conduct targeted discovery for a limited purpose at this early stage. (Dckt. No. #23 ) Specifically, the Court allowed the parties to pursue discovery and gather facts that they need to support their respective positions on the pending motion for a preliminary injunction. During the hearing, and again in the minute order, the Court reminded the parties of the narrow focus of discovery, and emphasized the importance of proportionality. The Town of Cicero later served discovery requests that have no discernible connection to the pending issues. Cicero served document requests and interrogatories about any work performed by BNSF at the railyard in the past 10 years, and any studies by BNSF about water or drainage issues in the past 10 years, and any documents about flooding, and so on. (Dckt. No. 22-1). Cicero also wants to know how much BNSF pays other municipalities for sewer and water service. Id. Those requests aren't relevant or proportional to the needs of the case (at this stage, anyway). Cicero should know why Cicero raised its rates. Internal documents possessed by BNSF don't seem particularly relevant at this early stage because they did not play a role in Cicero's decision-making. And if flooding is the reason why Cicero raised rates, then Cicero should have the documents that support Cicero's decision. The requests give the impression that Cicero made a decision, and is now looking for reasons to back it up after the fact. To be clear, the Court is not denying Cicero "any discovery," as Cicero suggests. (Dckt. No. #29 , at 4) This ruling is not about discovery writ large, but rather is about the propriety of the particular requests served by Cicero. And those specific requests do not pass muster under Rule 26 or under this Court's parameters for early discovery. Cicero's discovery requests aren't targeted at all, or at the very least, they're aimed at the wrong target. Mailed notice. (jjr, )
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Filing 30
REPLY by Plaintiff BNSF Railway Company to motion for protective order #22 (Mariotti, Renato)
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Filing 29
RESPONSE by Town of Cicero, Illinoisin Opposition to MOTION by Plaintiff BNSF Railway Company for protective order #22 (Grandfield, Cynthia)
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Filing 28
RESPONSE by Town of Cicero, Illinoisin Opposition to MOTION by Plaintiff BNSF Railway Company for temporary restraining order and preliminary injunction #12 (Attachments: #1 Exhibit 1, #2 Exhibit A to Exhibit 1, #3 Exhibit B to Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5)(Grandfield, Cynthia)
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Filing 27
MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the Town of Cicero's Declaration as to Preservation (Dckt. No. #24 ). The Court reiterates the preservation obligations discussed at the recent hearing. The Court orders the Town of Cicero to preserve any and all documents that are relevant to this case, including without limitation all documents relating in any way to the decision to raise sewer and stormwater fees for BNSF. This preservation obligation expressly includes municipal and personal phones and computers. Mailed notice. (jjr, )
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Filing 26
TRANSCRIPT OF PROCEEDINGS held on June 23, 2021 before the Honorable Steven C. Seeger. Order Number: 41047. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/22/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/29/2021. (Lacien, Laura)
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Filing 25
Individuals with Knowledge Pursuant to Docket Entry No. 21 by Town of Cicero, Illinois (Grandfield, Cynthia)
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Filing 24
DECLARATION of Town of Cicero and Certification as to Preservation Pursuant to Docket Entry No. 21 (Grandfield, Cynthia)
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Filing 23
MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's motion for protective order (Dckt. No. #22 ). Defendant's response is due by noon on July 2, 2021. One of the key issues is why the Town of Cicero dramatically raised rates for water service for BNSF. It is difficult to see why information that is not already in Cicero's possession is relevant to that issue. Cicero did not raise rates based on information that it did not have. In the same vein, it presumably does not matter what BNSF pays elsewhere, meaning payments to other municipalities for other railyards. If there is a good reason for that request, Cicero must explain what it is. Cicero must address these points, and the other issues raised in BNSF's motion. The Court reminds Defendant that discovery at this point is limited to the issues necessary for the Court's consideration of the motion for a preliminary injunction. So discovery must be proportional to the needs of the case, see Fed. R. Civ. P. 26(b)(1), and more specifically, proportional to the needs of the motion. Mailed notice. (jjr, )
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Filing 22
MOTION by Plaintiff BNSF Railway Company for protective order (Attachments: #1 Exhibit A, #2 Exhibit B)(Mariotti, Renato)
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Filing 21
MINUTE entry before the Honorable Steven C. Seeger: Status hearing held on June 23, 2021. The Court discussed the pending motion for temporary restraining order and preliminary injunction (Dckt. No. #12 ). Plaintiff BNSF Railway Co. seeks a temporary restraining order and a preliminary injunction to bar the Town of Cicero from cutting off water service on July 19, 2021. By June 30, 2021, defense counsel shall file: (1) a list of the individuals with knowledge about the rate increase for railroads, as well as a description of their knowledge; and (2) a certification under oath by a representative of the Town of Cicero about steps taken to preserve evidence (e.g., emails, texts, and so on), including municipal or personal phones. Defendant's response to the motion is due by July 1, 2021. Plaintiff's reply is due by July 9, 2021. Plaintiff shall submit any proposed orders to the Court's proposed order inbox: proposed_order_seeger@ilnd.uscourts.gov. The Court discussed discovery. Any discovery requests for purposes of the pending motion must be proportionate to the needs of the case at this early stage. Responses to document requests are due within seven calendar days. The Court grants the parties leave to take depositions as necessary, and the Court grants leave to depose any such witness again during merits discovery. See Fed. R. Civ. P. 30(a)(2)(A)(ii). The parties must cooperate in the scheduling of any depositions, as necessary. The Town of Cicero must make its witnesses freely available, as appropriate. A hearing is set for July 14, 2021 at 2:00 p.m. (please note that this Court is changing the time, to accommodate counsel on the west coast). By July 12, 2021, the parties must notify the Court if they seek to present testimony at the hearing. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 9369830. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jjr, )
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Filing 20
MINUTE entry before the Honorable Steven C. Seeger: The Court will be closed on Friday, June 18th in observance of the Juneteenth holiday. The status hearing set for June 18, 2021 (Dckt. No. #19 ) is vacated and reset for June 23, 2021 at 9:00 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 9369830. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jjr, )
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Filing 19
MINUTE entry before the Honorable Steven C. Seeger: The status hearing set for June 17, 2021 at 9:00 a.m. is stricken and reset for June 18, 2021 at 9:00 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 9369830. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jjr, )
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Filing 18
MINUTE entry before the Honorable Steven C. Seeger: The Court sets a telephonic status hearing for June 17, 2021 at 9:00 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 9369830. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jjr, )
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Filing 17
ATTORNEY Appearance for Defendant Town of Cicero, Illinois by K. Austin Zimmer (Zimmer, K.)
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Filing 16
ATTORNEY Appearance for Defendant Town of Cicero, Illinois by Michael Aaron Albert Corrected (Albert, Michael)
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Filing 15
ATTORNEY Appearance for Defendant Town of Cicero, Illinois by Michael Aaron Albert (Albert, Michael)
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Filing 14
ATTORNEY Appearance for Defendant Town of Cicero, Illinois by Cynthia Sara Grandfield (Grandfield, Cynthia)
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Filing 13
MEMORANDUM by BNSF Railway Company in support of motion for temporary restraining order #12 and preliminary injunction (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Mariotti, Renato)
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Filing 12
MOTION by Plaintiff BNSF Railway Company for temporary restraining order and preliminary injunction (Mariotti, Renato)
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Filing 11
WAIVER OF SERVICE returned executed by BNSF Railway Company. Town of Cicero, Illinois waiver sent on 6/9/2021, answer due 8/9/2021. (Mariotti, Renato)
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Filing 10
MINUTE entry before the Honorable Steven C. Seeger: The Court grants the motions for leave to appear pro hac vice (Dckt. Nos. #7 , #8 and #9 ). Attorney Rebecca Leigh Sciarrino, Teresa A. Dippo Reed and Benjamin Joseph Horwich are added as counsel for BNSF Railway Company. Mailed notice. (jjr, )
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Filing 9
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18339635. (Horwich, Benjamin)
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Filing 8
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18337228. Motion for Leave to Appear Pro Hac Vice (Dippo Reed, Teresa)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18337161. (Sciarrino, Rebecca)
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Filing 6
ATTORNEY Appearance for Plaintiff BNSF Railway Company by Sara Lynne Chamberlain (Chamberlain, Sara)
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Filing 5
ATTORNEY Appearance for Plaintiff BNSF Railway Company by Holly Hannah Campbell (Campbell, Holly)
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Filing 4
ATTORNEY Appearance for Plaintiff BNSF Railway Company by Renato T. Mariotti (Mariotti, Renato)
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Filing 3
MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by August 23, 2021. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, )
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Filing 2
CIVIL Cover Sheet (Mariotti, Renato)
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Filing 1
COMPLAINT filed by BNSF Railway Company; Jury Demand. Filing fee $ 402, receipt number 0752-18330440. (Attachments: #1 Exhibit A)(Mariotti, Renato)
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SUMMONS Issued as to Defendant Town of Cicero, Illinois (jg, )
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CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (crl, )
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