Union Pacific Railroad Company v. International Association of Sheet Metal, Air, Rail & Transportation Workers, Transportation Division et al
| Union Pacific Railroad Company and Norfolk Southern Railway Co. |
| International Association of Sheet Metal, Air, Rail & Transportation Workers, Transportation Division, Roy Davis, Luke EDINGTON, SCOTT CHELETTE, TERRY DIXON, BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES, DIVISION IBT and Brotherhood of Locomotive Engineers and Trainmen |
| BNSF Railway Company |
| 1:2021cv05502 |
| October 15, 2021 |
| US District Court for the Northern District of Illinois |
| John Z Lee |
| Labor: Railway Labor Act |
| 45 U.S.C. § 151 |
| None |
Docket Report
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This docket was last retrieved on December 8, 2021. A more recent docket listing may be available from PACER.
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| Filing 65 CONSOLIDATED AMENDED complaint by Union Pacific Railroad Company, Norfolk Southern Railway Co. against All Defendants (DiCianni, Matthew) |
| Filing 64 SUR-REPLY by Plaintiff Union Pacific Railroad Company to motion for preliminary injunction, #42 , motion for preliminary injunction, #41 in opposition (DiCianni, Matthew) |
| Filing 63 MINUTE entry before the Honorable John Z. Lee: Status and motion hearing held on 12/7/21. For the reasons stated on the record, the joint motions for reassignment #49 #59 are denied. The motion for leave to file a sur-reply #61 is granted; the sur-reply brief should be filed by the end of the day today. Defendant's motion for preliminary injunction #41 #42 is entered and continued. Oral argument is set for 1/6/22 by 1:30 p.m. by video; the Court will set aside two hours for the hearing and will provide an agenda. If a motion requesting a evidentiary hearing is requested, a motion should be filed by 12/14/21. (ca, ) |
| Filing 62 NOTICE of Motion by Andrew J. Rolfes for presentment of motion for leave to file #61 before Honorable John Z. Lee on 12/7/2021 at 03:00 PM. (Rolfes, Andrew) |
| Filing 61 MOTION by Plaintiff Union Pacific Railroad Company for leave to file Sur Reply Brief (Attachments: #1 Exhibit Proposed Sur Reply Motion)(Rolfes, Andrew) |
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Filing 60
TRANSCRIPT OF PROCEEDINGS held on 11/17/21 before the Honorable John Z. Lee. Court Reporter Contact Information: Joseph Rickhoff, 312-435-5562, joseph_rickhoff@ilnd.uscourts.gov. |
| Filing 59 MOTION by Plaintiff Norfolk Southern Railway Co. to reassign case (Joint) (Woo, Samantha) |
| Filing 58 REPLY by Defendants SCOTT CHELETTE, TERRY DIXON, Roy Davis, Luke EDINGTON, International Association of Sheet Metal, Air, Rail & Transportation Workers, Transportation Division to motion for preliminary injunction, #42 (Attachments: #1 Affidavit Second Edington Decl., #2 Affidavit Second Phillips Decl.)(Diehl-Gibbons, Erika) |
| Filing 57 REPLY by Defendant Brotherhood of Locomotive Engineers and Trainmen to motion for preliminary injunction, #41 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Petroff, Dimitre) |
| Filing 56 MEMORANDUM by Norfolk Southern Railway Co. in Opposition to motion for preliminary injunction, #42 , motion for preliminary injunction, #41 (Attachments: #1 Declaration of Jeremy Moore)(Munro, Donald) |
| Filing 55 MEMORANDUM by Union Pacific Railroad Company in Opposition to motion for preliminary injunction, #42 , motion for preliminary injunction, #41 (Attachments: #1 Declaration of Jacqueline M. Bendon)(Rolfes, Andrew) |
| Filing 54 ATTORNEY Appearance for Plaintiff Norfolk Southern Railway Co. by Donald J. Munro (Munro, Donald) |
| Filing 53 ATTORNEY Appearance for Plaintiff Norfolk Southern Railway Co. by James M Burnham (Burnham, James) |
| Filing 52 ATTORNEY Appearance for Plaintiff Norfolk Southern Railway Co. by Samantha Woo (Woo, Samantha) |
| Filing 51 ATTORNEY Appearance for Defendant International Association of Sheet Metal, Air, Rail & Transportation Workers, Transportation Division by Robert Earl Harrington, III (Harrington, Robert) |
| Filing 50 MINUTE entry before the Honorable John Z. Lee: Motion hearing held on 11/17/21. For the reasons stated on the record, Plaintiff's motion for reassignment #28 is granted. Cases numbered: 21-cv-5506; 21-cv-5508; 21-cv-5622 and 21-cv-5676 are consolidated for all purposes. All future filings should be filed in case 21-cv-5502. Plaintiff's motion for summary judgment on Plaintiff's second amended complaint #10 is entered and continued until further order of the Court. Responses to the unions' motions for preliminary injunction 41 and 42 are due by 11/22/21; replies are due by 12/1/21; the filings are limited to 20 pages. Status hearing set for 12/7/21 at 3:00 p.m. by video. The parties are directed to file a consolidated amended complaint by 12/8/21. A tentative evidentiary hearing on the motions for preliminary injunction is set for 1/6/22 at 1:30 p.m. The Court will let the parties know if it will be held in person or by video. (ca, ) |
| Filing 49 MOTION by Movant BNSF Railway Company to reassign case (Joint) (Woo, Samantha) |
| Filing 48 AFFIDAVIT of Service filed by Plaintiff Union Pacific Railroad Company regarding Summons; Amended Complaint; Civil Cover Sheet served on Scott Chelette on 11/11/2021 (DiCianni, Matthew) |
| Filing 47 MINUTE entry before the Honorable John Z. Lee:Motion to appear pro hac vice by Robert Hawkins #9 is granted. (ca, ) |
| Filing 46 MINUTE entry before the Honorable John Z. Lee: The motions for preliminary injunction #41 and #42 are set for 11/17/21 at 11:00 a.m. by video. The public dial in number is 1-650-479-3207 ; Access code: 2313 940 2405. The attorneys will receive a video link. All 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 court-imposed 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. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw== (ca, ) |
| Filing 45 MINUTE entry before the Honorable John Z. Lee:The status and motion hearing set for 11/17/21 at 9:15 is reset to 11/17/21 at 11:00 by video. The public dial in number is 1-650-479-3207 ; Access code: 2313 940 2405. The attorneys will receive a video link. All 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 court-imposed 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. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. (ca, ) |
| Filing 44 MINUTE entry before the Honorable John Z. Lee: The call-in number for the 11/17/21 motion hearing is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All 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 court-imposed 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. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. (ca, ) |
| Filing 43 Notice of Errata by SCOTT CHELETTE, TERRY DIXON, Roy Davis, Luke EDINGTON, International Association of Sheet Metal, Air, Rail & Transportation Workers, Transportation Division to Correct Phillips Declaration (Attachments: #1 Errata Corrected Phillips Declaration)(Diehl-Gibbons, Erika) |
| Filing 42 MOTION by Defendants SCOTT CHELETTE, TERRY DIXON, Roy Davis, Luke EDINGTON, International Association of Sheet Metal, Air, Rail & Transportation Workers, Transportation Division for preliminary injunction (Attachments: #1 Memorandum in Support of Motion for Preliminary Injunction, #2 Declaration L.Edington, #3 Declaration D. Phillips)(Diehl-Gibbons, Erika) |
| Filing 41 MOTION by Defendant Brotherhood of Locomotive Engineers and Trainmen for preliminary injunction (Attachments: #1 Memorandum in Support of Motion for Preliminary Injunctive Relief, #2 Declaration of Brian Carr, #3 Declaration of Randy Fannon)(McInerney, Joshua) |
| Filing 40 NOTICE of Motion by Jeremy J. Glenn for presentment of motion for summary judgment #10 before Honorable John Z. Lee on 11/17/2021 at 09:15 AM. (Glenn, Jeremy) |
| Filing 39 of Material Facts in Support of Plaintiff's Motion for Summary Judgment STATEMENT by Union Pacific Railroad Company (Attachments: #1 Exhibit Exhibits 1-8 to Statement of Material Facts)(Glenn, Jeremy) |
| Filing 38 MEMORANDUM by Union Pacific Railroad Company in support of motion for summary judgment #37 (Glenn, Jeremy) |
| Filing 37 MOTION by Plaintiff Union Pacific Railroad Company for summary judgment as to Plaintiff's Second Amended Complaint (Glenn, Jeremy) |
| Filing 36 ATTORNEY Appearance for Defendants SCOTT CHELETTE, TERRY DIXON, Roy Davis, Luke EDINGTON, International Association of Sheet Metal, Air, Rail & Transportation Workers, Transportation Division by Kevin C. Brodar (Brodar, Kevin) |
| Filing 35 ATTORNEY Appearance for Defendants SCOTT CHELETTE, TERRY DIXON, Roy Davis, Luke EDINGTON, International Association of Sheet Metal, Air, Rail & Transportation Workers, Transportation Division by Erika A Diehl-Gibbons (Diehl-Gibbons, Erika) |
| Filing 34 SECOND AMENDED complaint by Union Pacific Railroad Company against All Defendants (Rolfes, Andrew) |
| Filing 33 MINUTE entry before the Honorable John Z. Lee: The Court is informed that the parties wish to consolidate this case with other cases relating to the same subject matter. The Court requests that the parties file a motion seeking reassignment of the other cases as being related under Local Rule 40.4. The motion should include the parties' requested schedules and should state whether counsel for the parties to this case have contacted the parties in the other cases and whether any of them object. Mailed notice. (ym, ) |
| Filing 32 ATTORNEY Appearance for Plaintiff Union Pacific Railroad Company by Matthew T. DiCianni (DiCianni, Matthew) |
| Filing 31 MINUTE entry before the Honorable John Z. Lee: Plaintiff's unopposed motion for leave to file second amended complaint #25 is granted. Counsel is to electronically file the second amended complaint as a separate docket entry on the case docket. Mailed notice. (ym, ) |
| Filing 30 AFFIDAVIT of Service filed by Plaintiff Union Pacific Railroad Company regarding Summons; Amended Complaint; Civil Cover Sheet served on Brotherhood of Maintenance Way Employees, Division-IBT on 10/26/2021 (DiCianni, Matthew) |
| Filing 29 AFFIDAVIT of Service filed by Plaintiff Union Pacific Railroad Company regarding Summons; Amended Complaint; Civil Cover Sheet served on Roy Davis on 11/01/2021 (DiCianni, Matthew) |
| Filing 28 MOTION by Plaintiff Union Pacific Railroad Company to reassign case Joint Motion for Reassignment (Rolfes, Andrew) |
| Filing 27 ATTORNEY Appearance for Defendant BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES, DIVISION IBT by Wesley G. S. Kennedy (Corrected) (Kennedy, Wesley) |
| Filing 26 ATTORNEY Appearance for Defendant BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES, DIVISION IBT by Wesley G. S. Kennedy (Kennedy, Wesley) |
| Filing 25 MOTION by Plaintiff Union Pacific Railroad Company for leave to file (PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT) (Attachments: #1 Exhibit A - Second Amended Complaint)(Glenn, Jeremy) |
| Filing 24 AFFIDAVIT of Service filed by Plaintiff Union Pacific Railroad Company regarding Summons; Amended Complaint; Civil Cover Sheet served on Terry Dixon on 10/27/2021 (DiCianni, Matthew) |
| Filing 23 ATTORNEY Appearance for Defendant BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES, DIVISION IBT by Karen I. Engelhardt (Engelhardt, Karen) |
| Filing 22 ATTORNEY Appearance for Defendant BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES, DIVISION IBT by Richard S. Edelman (Edelman, Richard) |
| Filing 21 ATTORNEY Appearance for Defendant Brotherhood of Locomotive Engineers and Trainmen by Joshua D. McInerney, D (McInerney, Joshua) |
| Filing 20 ATTORNEY Appearance for Defendant Brotherhood of Locomotive Engineers and Trainmen by Dimitre James Petroff (Petroff, Dimitre) |
| Filing 19 ATTORNEY Appearance for Defendant Brotherhood of Locomotive Engineers and Trainmen by Matthew Pierce (Pierce, Matthew) |
| Filing 18 ATTORNEY Appearance for Defendant Brotherhood of Locomotive Engineers and Trainmen by Ryan A Hagerty (Hagerty, Ryan) (Docket text modified by Clerk's Office) Modified on 11/1/2021 (bg, ). |
| Filing 17 ATTORNEY Appearance for Defendants SCOTT CHELETTE, TERRY DIXON, Roy Davis, Luke EDINGTON, International Association of Sheet Metal, Air, Rail & Transportation Workers, Transportation Division by Shawn Mckinley (Mckinley, Shawn) |
| Filing 16 MINUTE entry before the Honorable John Z. Lee: Status hearing set for 11/17/21 at 9:15 a.m. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All 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 court-imposed 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. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. (ca, ) |
| Filing 15 AFFIDAVIT of Service filed by Plaintiff Union Pacific Railroad Company regarding Summons; Amended Complaint; Civil Cover Sheet served on Brotherhood of Locomotive, Engineers and Trainmen on 10/26/2021 (Glenn, Jeremy) |
| Filing 14 AFFIDAVIT of Service filed by Plaintiff Union Pacific Railroad Company regarding Summons; Amended Complaint; Civil Cover Sheet served on International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division on 10/26/2021 (Glenn, Jeremy) |
| Filing 13 AFFIDAVIT of Service filed by Plaintiff Union Pacific Railroad Company regarding Summons, Amended Complaint, Civil Cover Sheet served on Luke Edington on 10/26/2021 (Glenn, Jeremy) |
| Filing 12 RULE 56.1(a)(2) and (d) Statement by Union Pacific Railroad Company regarding motion for summary judgment #10 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Glenn, Jeremy) |
| Filing 11 MEMORANDUM by Union Pacific Railroad Company in support of motion for summary judgment #10 (Glenn, Jeremy) |
| Filing 10 MOTION by Plaintiff Union Pacific Railroad Company for summary judgment (Glenn, Jeremy) |
| SUMMONS Issued as to Defendants Brotherhood of Maintenance of Way Employes, Division IBT, Brotherhood of Locomotive Engineers and Trainmen, Scott Chelette, Terry Dixon, Roy Davis, Luke Edington, and International Association of Sheet Metal, Air, Rail & Transportation Workers, Transportation Division. (lxk, ) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18788045. (Hawkins, Robert) |
| Filing 8 MINUTE entry before the Honorable John Z. Lee: Motion to appear pro hac vice by Andrew Rolfes #5 is granted. (ca, ) |
| Filing 7 MINUTE entry before the Honorable John Z. Lee: A Rule 16 initial status hearing is set for 12/15/21 at 9:15 a.m. The parties are directed to file a joint initial status report by 12/8/21. The report should comply with the requirements for initial joint status reports set forth in the Initial Status Conference standing order, which can be found on the Court's website. In light of the COVID-19 pandemic and the related General Orders, the Court finds that it is necessary to conduct the status hearing via telephone conference. The call-in number is 888-273-3658 and the access code is 1637578. Counsel of record will receive a separate email at least 12 hours prior to the start of the telephonic hearing with instructions on how to join the call. All 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 court-imposed 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. All participants should review the Court's standing order regarding telephone conferences that is on Judge Lee's website, which can be found at: https://www.ilnd.uscourts.gov/judge-info.aspx?4Qf5zc8loCI5U7rfMP9DHw==. (ca, ) |
| Filing 6 AMENDED complaint by Union Pacific Railroad Company against BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES, DIVISION IBT, SCOTT CHELETTE, TERRY DIXON, Roy Davis, Luke EDINGTON, International Association of Sheet Metal, Air, Rail & Transportation Workers, Transportation Division, Brotherhood of Locomotive Engineers and Trainmen (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Glenn, Jeremy) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18773920. (Rolfes, Andrew) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Union Pacific Railroad Company (Glenn, Jeremy) |
| Filing 3 ATTORNEY Appearance for Plaintiff Union Pacific Railroad Company by Jeremy J. Glenn (Glenn, Jeremy) |
| Filing 2 CIVIL Cover Sheet (Glenn, Jeremy) |
| Filing 1 COMPLAINT filed by Union Pacific Railroad Company; Filing fee $ 402, receipt number 0752-18773644. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Glenn, Jeremy) |
| CASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (cxr, ) |
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