Orient Overseas Container Line, Ltd. v. BNSF Railway Company et al
| Orient Overseas Container Line, Ltd. |
| BNSF Railway Company and Burlington Northern Santa Fe, LLC |
| 1:2023cv03871 |
| June 20, 2023 |
| US District Court for the Northern District of Illinois |
| Jorge L Alonso |
| Contract: Marine |
| 49 U.S.C. § 81 Damaged Goods While Being Transported |
| None |
Docket Report
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This docket was last retrieved on July 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 35 ATTORNEY Appearance for Defendant BNSF Railway Company by Andrew John Albright (Albright, Andrew) |
| Filing 34 MAILED Rule 83.15 Letter to all counsel of record. (aee, ) |
| Filing 33 RECEIVED from Ohio Northern; Case Number 1:22-cv-01934 (aee). |
| Filing 32 Opinion and Order: The Court GRANTS Plaintiff's motion to transfer (ECF No. #28 ) and ORDERS the Clerk to TRANSFER this action to the Northern District of Illinois. Judge J. Philip Calabrese on 6/15/2023. (Y,A) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 31 Notice of withdrawal of appearance of Matthew J. Haskins, filed by BNSF Railway Company and Burlington Northern Santa Fe, LLC. (Haskins, Matthew) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 30 Reply in support of #28 Motion to change/transfer venue filed by Orient Overseas Container Line, Ltd.. (Illes, Trevor) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 29 Opposition to #28 Motion to change/transfer venue filed by BNSF Railway Company, Burlington Northern Santa Fe, LLC. (Palombo, Eric) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 28 Motion to change/transfer venue with memorandum in support filed by Plaintiff Orient Overseas Container Line, Ltd. (Illes, Trevor) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 27 Supplement to Motion to dismiss for lack of jurisdiction , improper venue, and failure to state a claim - Exhibit 2 to Exhibit B OOCL-BNSF Agreement, filed by BNSF Railway Company, Burlington Northern Santa Fe, LLC. Related document(s) #12 . (Haskins, Matthew) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 26 SEALED Document: Exhibit 2 to Exhibit B to Motion to Dismiss filed by BNSF Railway Company, Burlington Northern Santa Fe, LLC. (Related document(s) #25 , #12 ) (Haskins, Matthew). Modified on 3/21/2023, filer notified of lack of cover page (H,SP). [Transferred from Ohio Northern on 6/20/2023.] |
Filing 25
Order: The Court GRANTS Defendants' motion to seal (ECF No. #24 ) and ORDERS them to file a redacted version of their exhibit on the public docket and an unredacted version under seal pursuant to Local Rule 5.2 and this Order. Judge J. Philip Calabrese on 3/14/2023.(Y,A) [Transferred from Ohio Northern on 6/20/2023.]
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| Filing 24 Motion to seal document filed by BNSF Railway Company, Burlington Northern Santa Fe, LLC. (Palombo, Eric) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 23 Answer to #1 Complaint, filed by BNSF Railway Company, Burlington Northern Santa Fe, LLC. (Palombo, Eric) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 22 Minute Order: The Court held a status conference by Zoom on March 10, 2023. Trevor J. Illes and John N. Dagon appeared for Plaintiff. Jeffrey D. Cohen and Matthew J. Haskins appeared for Defendants. The Court advised counsel that they should file all substantive positions on the record, not send them to Chambers by email. Further, counsel discussed their respective positions on how this matter should proceed. Based on these discussions, the Court STAYS the deadline for Plaintiff to respond to Defendants' motion to dismiss (ECF No. #12 ) and sets the following schedule: Defendants' answer to Plaintiff's complaint and submission supporting sealing are due March 13, 2023; Plaintiff's motion to transfer is due March 24, 2023; Defendants' opposition is due April 14, 2023. Judge J. Philip Calabrese on 3/10/2023. Time: 25 minutes. (Y,A) [Transferred from Ohio Northern on 6/20/2023.] |
| IMPORTANT: Notice [non-document]: At the request of counsel, the Court schedules a status conference by Zoom on March 10, 2023 at 2:00 p.m. (Y,A) [Transferred from Ohio Northern on 6/20/2023.] |
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Order [non-document]: granting Plaintiff's Motion for appearance pro hac vice by attorney Trevor J. Illes for Orient Overseas Container Line, Ltd.. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No. #14 ). Judge J. Philip Calabrese on 3/3/2023.(Y,A) [Transferred from Ohio Northern on 6/20/2023.]
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Order [non-document]: granting Defendant's Motion for appearance pro hac vice by attorney Jeffrey D. Cohen for BNSF Railway Company,Jeffrey D. Cohen for Burlington Northern Santa Fe, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No. #17 ). Judge J. Philip Calabrese on 3/3/2023.(Y,A) [Transferred from Ohio Northern on 6/20/2023.]
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Order [non-document]: granting Defendant's Motion for appearance pro hac vice by attorney Matthew J. Haskins for BNSF Railway Company,Matthew J. Haskins for Burlington Northern Santa Fe, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No. #18 ). Judge J. Philip Calabrese on 3/3/2023.(Y,A) [Transferred from Ohio Northern on 6/20/2023.]
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| Filing 21 Response to #15 Motion for conference/hearing filed by All Defendants. (Palombo, Eric) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 20 Supplement to Motion for attorney Jeffrey D. Cohen to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11868666, - Declaration of Jeffrey D. Cohen, filed by All Defendants. Related document(s) #17 . (Palombo, Eric) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 19 Supplement to Motion for attorney Matthew J. Haskins to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11868701, - Matthew J. Haskins Declaration, filed by All Defendants. Related document(s) #18 . (Palombo, Eric) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 18 Motion for attorney Matthew J. Haskins to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11868701, filed by BNSF Railway Company, Burlington Northern Santa Fe, LLC. (Attachments: #1 Exhibit Matthew J. Haskins Declaration)(Palombo, Eric) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 17 Motion for attorney Jeffrey D. Cohen to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11868666, filed by BNSF Railway Company, Burlington Northern Santa Fe, LLC. (Attachments: #1 Exhibit Jeffrey D. Cohen Declaration)(Palombo, Eric) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 16 Supplement to Motion for attorney Trevor Illes to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11867131, - Declaration of Trevor J. Illes in Support of Motion for Admission Pro Hac Vice, filed by Orient Overseas Container Line, Ltd.. Related document(s) #14 . (Dagon, John) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 15 Motion for conference/hearing filed by Plaintiff Orient Overseas Container Line, Ltd.. Related document(s) #11 , #12 , #13 . (Dagon, John) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 14 Motion for attorney Trevor Illes to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11867131, filed by Plaintiff Orient Overseas Container Line, Ltd. (Attachments: #1 Exhibit 1 - Declaration in Support of Pro Hac Vice)(Dagon, John) Modified on 3/2/2023 (Mc,K). [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 13 Motion to seal document filed by BNSF Railway Company, Burlington Northern Santa Fe, LLC. (Palombo, Eric) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 12 Motion to dismiss for lack of jurisdiction , improper venue, and failure to state a claim filed by BNSF Railway Company, Burlington Northern Santa Fe, LLC. (Attachments: #1 Exhibit A - Terms and Conditions , #2 Exhibit B - Declaration of Ann Mathewson, #3 Exhibit 1 to Exhibit B, #4 Exhibit 3 to Exhibit B, #5 Exhibit 4 to Exhibit B, #6 Exhibit C)(Palombo, Eric) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 11 Motion to stay filed by BNSF Railway Company, Burlington Northern Santa Fe, LLC. (Palombo, Eric) [Transferred from Ohio Northern on 6/20/2023.] |
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Order [non-document]: Before the Court will consider a motion to seal, the Court directs counsel to comply with Section 7.A of its Civil Standing Order. Judge J. Philip Calabrese on 2/24/2023. (Y,A) [Transferred from Ohio Northern on 6/20/2023.]
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| Filing 10 Unopposed Motion for extension of January 24, 2023 Case Management Conference and Defendants' Answer Deadline until February 27, 2023 filed by Plaintiff Orient Overseas Container Line, Ltd.. Related document(s) #1 , #6 . (Dagon, John) [Transferred from Ohio Northern on 6/20/2023.] |
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Order [non-document]: Plaintiff's motion to continue the initial case management conference and extend the deadline for Defendants' to answer, move, or otherwise plead is unopposed and granted. Accordingly, the Court cancels the case management conference and extends the deadline for Defendants to respond to the complaint to February 27, 2023, after which the Court will schedule the initial case management conference. Judge J. Philip Calabrese on 1/13/2023.(Y,A) [Transferred from Ohio Northern on 6/20/2023.]
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| Filing 9 Second Motion for extension of time until January 27, 2022 to answer ,move, or otherwise plead filed by BNSF Railway Company, Burlington Northern Santa Fe, LLC. (Palombo, Eric) [Transferred from Ohio Northern on 6/20/2023.] |
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Order [non-document]: Defendants' motion for an extension to January 27, 2023 to answer, move, or otherwise plead is unopposed and granted. Judge J. Philip Calabrese on 12/27/2022.(Y,A) [Transferred from Ohio Northern on 6/20/2023.]
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| Filing 8 Unopposed Motion for extension of time until December 28, 2022 to answer filed by BNSF Railway Company, Burlington Northern Santa Fe, LLC. (Palombo, Eric) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 7 Attorney Appearance by Eric C. Palombo filed by on behalf of BNSF Railway Company, Burlington Northern Santa Fe, LLC. (Palombo, Eric) [Transferred from Ohio Northern on 6/20/2023.] |
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Order [non-document]: Defendants' motion for an extension to December 28, 2022 to answer, move, or otherwise plead is unopposed and granted. Judge J. Philip Calabrese on 11/21/2022.(Y,A) [Transferred from Ohio Northern on 6/20/2023.]
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| Filing 6 Case Management Conference Scheduling Order with case management conference to be held on January 24, 2023 at 3:00 p.m. in Chambers 16B before Judge J. Philip Calabrese. Judge J. Philip Calabrese on 11/15/2022. (Attachments: #1 Rule 26 Report of Parties)(Y,A) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 5 Return of Service by Clerk by certified mail executed upon Burlington Northern Santa Fe, LLC on 11/7/2022, filed on behalf of Burlington Northern Santa Fe, LLC. Related document(s) #3 . (Mc,K) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 4 Return of Service by Clerk by certified mail executed upon BNSF Railway Company on 11/7/2022, filed on behalf of Orient Overseas Container Line, Ltd. Related document(s) #3 . (Mc,K) [Transferred from Ohio Northern on 6/20/2023.] |
| Service by Clerk. Summons, Complaint, Corporate-Disclosure Statement and Consent to Exercise Jurisdiction by a United States Magistrate Judge addressed to BNSF Railway Company, Receipt #: 7020 2450 0001 5685 3220 and Burlington Northern Santa Fe, LLC, Receipt #: 7020 2450 0001 5685 3237 placed in U.S. Mail. Type of service: certified mail. (Mc,K) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon BNSF Railway Company, Burlington Northern Santa Fe, LLC. (Attachments: #1 Magistrate Consent Form). (L,MI) [Transferred from Ohio Northern on 6/20/2023.] |
| Judge J. Philip Calabrese assigned to case. (L,MI) [Transferred from Ohio Northern on 6/20/2023.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jennifer Dowdell Armstrong. (L,MI) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent OOCL (Liners) Holdings Limited for Orient Overseas Container Line, Ltd. filed by Orient Overseas Container Line, Ltd.. (Dagon, John) [Transferred from Ohio Northern on 6/20/2023.] |
| Filing 1 Complaint against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11685426. Filed by Orient Overseas Container Line, Ltd. (Attachments: #1 Civil Cover Sheet, #2 Summons - BNSF Railway Company, #3 Summons- Burling Northern Santa Fe, LLC). (Dagon, John) [Transferred from Ohio Northern on 6/20/2023.] |
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