BNSF Railway Company v. Brotherhood of Railroad Signalmen et al
| BNSF Railway Company |
| Brotherhood of Railroad Signalmen, International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division, Brotherhood of Locomotive Engineers and Trainmen and Brotherhood of Maintenance of Way Employes Division/IBT |
| 1:2021cv05965 |
| November 7, 2021 |
| U.S. District Court for the Northern District of Illinois |
| Edmond E Chang |
| Labor: Railway Labor Act |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on December 30, 2021. A more recent docket listing may be available from PACER.
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| Filing 37 MINUTE entry before the Honorable Edmond E. Chang: The unopposed extension motion #36 of the Brotherhood of Railroad Signalmen and Brotherhood of Maintenance of Way Employees Division to answer is granted to 02/09/2022. Mailed notice (gel, ) |
| Filing 36 MOTION by Defendants Brotherhood of Maintenance of Way Employes Division/IBT, Brotherhood of Railroad Signalmen for extension of time to file answer regarding complaint #1 (Edelman, Richard) |
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Filing 35
TRANSCRIPT OF PROCEEDINGS held on 12/13/2021 before the Honorable Edmond E. Chang. Order Number: 42226. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. |
| Filing 34 MINUTE entry before the Honorable Edmond E. Chang: Telephone status hearing held. Counsel for the parties appeared by telephone. Counsel for the Plaintiff reported that the parties agreed to new briefing schedule on the preliminary injunction motions #23 #25 filed by BLET and SMART-TD. (R. 26 is a memorandum in support, so it is terminated as a motion. And there is no need to resort the briefs as floated in R. 33.) Based on the parties' agreement, the Plaintiff's combined response is due on 01/14/2022 and the defense replies are due on 01/28/2022. The Plaintiff's motion for extra pages #32 is granted. The Plaintiff reported that there are two nationwide preliminary injunctions against the mandate and the government has sought stays of both injunctions in the respective Circuits; there is a preliminary injunction motion under advisement but in abeyance in the Southern District of Texas. Counsel for the Brotherhood of Railroad Signalmen and for BMWED reported that those two Defendants will not be filing preliminary injunction motions as of this time. A tracking status hearing is set for 01/21/2022 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). On 01/14/2022, the parties shall file a joint status report. Emailed notice (mw, ) |
| Filing 33 MINUTE entry before the Honorable Edmond E. Chang: On review of the docket, the Court sets a phone status hearing for all the parties on 12/13/2021 at 3:00 p.m. The Court will discuss (a) the status of the potential pause in enforcement of the mandate, R. 31 at 2; (b) whether the two Defendants who have not yet moved for a preliminary injunction (Brotherhood of Railroad Signalmen and Brotherhood of Maintenance of Way Employees Division/IBT) plan to do so; and (c) whether it would make more sense for all of the Defendants to file a combined motion and brief with common arguments (and separate sections for individualized arguments if needed), a single combined response, and a single combined reply, much like appellees and appellants in multi-party appeals would approach eliminating duplicative briefs. But that would mean resetting the briefing schedule. Before the status hearing, each party shall email the courtroom deputy with the names of those who will appear on the call and whom they represent, and who will be the lead attorney speaking for the respective party. Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (877) 336-1831 and the access code is 1736479. Counsel of record will receive an email before the start of the telephonic hearing with instructions to join the call. 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. Emailed notice (mw, ) |
| Filing 32 MOTION by Plaintiff BNSF Railway Company for leave to file excess pages (Unopposed) (Woo, Samantha) |
| Filing 31 STATUS Report (Joint) by BNSF Railway Company (Attachments: #1 Exhibit A - BNSF Announcement)(Woo, Samantha) |
| Filing 30 ATTORNEY Appearance for Defendant Brotherhood of Maintenance of Way Employes Division/IBT by Richard S. Edelman (Edelman, Richard) |
| Filing 29 ATTORNEY Appearance for Defendant Brotherhood of Railroad Signalmen by Richard S. Edelman (Edelman, Richard) |
| Filing 28 ANSWER to counterclaim by BNSF Railway Company(Woo, Samantha) |
| Filing 27 ANSWER to counterclaim by BNSF Railway Company(Woo, Samantha) |
| Filing 26 MOTION by Counter Claimant International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division, Defendant International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division for preliminary injunction Memorandum in Support (Attachments: #1 Affidavit LaPresta Declaration and Exhibits A-C)(Diehl-Gibbons, Erika) |
| Filing 25 MOTION by Counter Claimant International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division, Defendant International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division for preliminary injunction (Diehl-Gibbons, Erika) |
| Filing 24 MEMORANDUM by Brotherhood of Locomotive Engineers and Trainmen in support of motion for preliminary injunction #23 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Pierce, Matthew) |
| Filing 23 MOTION by Counter Claimant Brotherhood of Locomotive Engineers and Trainmen for preliminary injunction (Pierce, Matthew) |
| Filing 22 WAIVER OF SERVICE returned executed by BNSF Railway Company. Brotherhood of Railroad Signalmen waiver sent on 11/11/2021, answer due 1/10/2022. (Munro, Donald) |
| Filing 21 WAIVER OF SERVICE returned executed by BNSF Railway Company. Brotherhood of Maintenance of Way Employes Division/IBT waiver sent on 11/11/2021, answer due 1/10/2022. (Munro, Donald) |
| Filing 20 MINUTE entry before the Honorable Edmond E. Chang: On review of the notice of reassignment motion, R. 19, the parties here shall file a status report within two business days of a decision on the motion in Case No. 1:21-cv-05502. Emailed notice (mw, ) |
| Filing 19 NOTICE by BNSF Railway Company (Attachments: #1 Exhibit A - Joint Motion for Reassignment)(Woo, Samantha) |
| Filing 18 ATTORNEY Appearance for Plaintiff BNSF Railway Company by Donald J. Munro (Munro, Donald) |
| Filing 17 ATTORNEY Appearance for Defendant Brotherhood of Locomotive Engineers and Trainmen by Dimitre James Petroff (Petroff, Dimitre) |
| Filing 16 ATTORNEY Appearance for Defendant Brotherhood of Locomotive Engineers and Trainmen by Joshua D. McInerney, D (McInerney, Joshua) |
| Filing 15 ANSWER to Complaint , Verified COUNTERCLAIM filed by International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division against BNSF Railway Company . by International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division(Mckinley, Shawn) |
| Filing 14 WAIVER OF SERVICE returned executed by BNSF Railway Company. Brotherhood of Locomotive Engineers and Trainmen waiver sent on 11/11/2021, answer due 1/10/2022. (Woo, Samantha) |
| Filing 13 ATTORNEY Appearance for Defendant Brotherhood of Locomotive Engineers and Trainmen by Ryan A Hagerty (Hagerty, Ryan) |
| Filing 12 ATTORNEY Appearance for Counter Claimant Brotherhood of Locomotive Engineers and Trainmen, Defendant Brotherhood of Locomotive Engineers and Trainmen by Matthew Pierce (Pierce, Matthew) |
| Filing 11 ANSWER to Complaint , Additional Defenses and COUNTERCLAIM filed by Brotherhood of Locomotive Engineers and Trainmen against BNSF Railway Company . by Brotherhood of Locomotive Engineers and Trainmen (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Pierce, Matthew) |
| Filing 10 ATTORNEY Appearance for Plaintiff BNSF Railway Company by James M Burnham for Donald Munro (Burnham, James) |
| Filing 9 ATTORNEY Appearance for Plaintiff BNSF Railway Company by James M Burnham (Burnham, James) |
| Filing 8 ATTORNEY Appearance for Defendant International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division by Erika A Diehl-Gibbons (Diehl-Gibbons, Erika) |
| Filing 7 ATTORNEY Appearance for Defendant International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division by Shawn Mckinley (Mckinley, Shawn) |
| Filing 6 ATTORNEY Appearance for Defendant International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division by Kevin C. Brodar (Brodar, Kevin) |
| Filing 5 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 01/21/2022 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 01/12/2022. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgement, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ak, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (ak, ) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BNSF Railway Company (Woo, Samantha) |
| Filing 3 ATTORNEY Appearance for Plaintiff BNSF Railway Company by Samantha Woo (Woo, Samantha) |
| Filing 2 CIVIL Cover Sheet (Woo, Samantha) |
| Filing 1 COMPLAINT filed by BNSF Railway Company; Filing fee $ 402, receipt number 0752-18848442.(Woo, Samantha) |
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