The Belt Railway Company of Chicago v. International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division
| The Belt Railway Company of Chicago |
| International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division |
| 1:2024cv01395 |
| February 20, 2024 |
| US District Court for the Northern District of Illinois |
| LaShonda A Hunt |
| Labor: Railway Labor Act |
| 45 U.S.C. § 151 Railway Labor Act |
| None |
Docket Report
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This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.
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Filing 46
AMENDED ORDER TO RELEASE BOND Signed by the Honorable LaShonda A. Hunt on 4/19/2024. Emailed notice. (cdh, )
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Filing 45
ORDER TO RELEASE BOND Signed by the Honorable LaShonda A. Hunt on 4/3/2024. Emailed notice. (cdh, )
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Filing 44
MEMORANDUM OPINION AND ORDER Signed by the Honorable LaShonda A. Hunt on 3/26/2024. Emailed notice. (cdh, )
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Filing 43
MINUTE entry before the Honorable LaShonda A. Hunt: For the reasons stated in the accompanying Memorandum Opinion and Order, Belt Railway's motion for preliminary injunction #13 is granted, SMART-TD's motion for preliminary injunction #29 is denied, and the Court finds in favor of Belt Railway on its complaint seeking a declaratory judgment that this is a minor dispute and against SMART-TD on its counterclaim for a determination that this is a major dispute. Enter Memorandum Opinion and Order. The Clerk is directed, forthwith, to release the bonds of $1,000 previously posted by both parties. The parties are ordered to file a joint status report on next steps by 5/10/24, if no stipulation of dismissal is filed before that date. Emailed notice. (cdh, )
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Filing 42
ANSWER to counterclaim for Declaratory and Injunctive Relief by The Belt Railway Company of Chicago(Munro, Donald)
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Filing 41
MINUTE entry before the Honorable LaShonda A. Hunt: Evidentiary hearing held. Plaintiff's Motion for Preliminary Injunction #13 and Defendant's Motion for Preliminary Injunction #29 are taken under advisement. For the reasons stated in the Court's initial order entering the TRO #15 and extending the TRO #39 , the TRO is extended to and including the date the Court adjudicates the motions for preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Emailed notice. (cdh, )
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Filing 40
REGISTRY Deposit Information Form filed by International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division (Received at the Intake Counter on 03/08/24) (lm, )
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BOND in the amount of $1,000.00 cashier's check, Receipt No. 100003545, posted by International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division (gmm)
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Filing 39
ORDER Signed by the Honorable LaShonda A. Hunt on 3/7/2024. Emailed notice. (cdh, )
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Cash BOND in the amount of $ 1000 posted receipt Number 100003529 by The Belt Railway Company of Chicago (khg, )
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Filing 38
MINUTE entry before the Honorable LaShonda A. Hunt: The temporary restraining order #15 is extended for good cause through 3/19/24. Defendant International Association of Sheet Metal, Air, Rail, and Transportation Workers Transportation Division (SMART-TD) shall not engage in any self-help activity related to the parties' dispute over staffing levels for hump operations, subject to the condition that Plaintiff The Belt Railway Company of Chicago (Belt Railway) maintains staffing levels for hump operations as they existed prior to 2/20/24. Due to scheduling conflicts, an accompanying order setting forth the Court's findings, reasoning, and bond terms will be entered by noon tomorrow, 3/7/24. Emailed notice. (cdh, )
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Filing 37
MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic status hearing held. Counsel for Plaintiff and Defendant appeared. Parties' cross-motions for preliminary injunction #13 #29 are set for an evidentiary hearing on 3/19/24 at 10:00 AM in Courtroom 1425. As discussed, by 3/12/24, parties agree to exchange all documents that they intend to use at the hearing. By 3/14/24, each party shall: (1) submit their respective witness list and exhibit list to Judge Hunt's Proposed Order Inbox; and (2) deliver a double-sided copy of all exhibits (properly numbered and tabbed) that they intend to use at the hearing to Judge Hunt's courtroom deputy. Prior to the hearing, the parties must review the Pretrial Guidelines for Civil Cases and Trial Guidelines posted on Judge Hunt's webpage, including the requirements for the preparation of digital exhibits using the JERS system if the parties anticipate presenting evidence in that format. Emailed notice. (cdh, )
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Filing 36
REPLY by Counter Claimant International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division to motion for preliminary injunction, #29 (Attachments: #1 Declaration Second Paras Declaration, #2 Exhibit 12)(Diehl-Gibbons, Erika)
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Filing 35
MEMORANDUM by International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division in Support of Extension of Temporary Restraining Order (Mckinley, Shawn)
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Filing 34
MEMORANDUM by The Belt Railway Company of Chicago Opposition to Extension of the Current Form of the Temporary Restraining Order (Munro, Donald)
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Filing 33
MEMORANDUM by The Belt Railway Company of Chicago Reply In Support of Its Motion For a Preliminary Injunction & Opposition to Defendant's Cross-Motion for a Preliminary Injunction (Attachments: #1 Declaration)(Munro, Donald)
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Filing 32
ATTORNEY Appearance for Defendant International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division by Kevin C. Brodar (Brodar, Kevin)
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Filing 31
ATTORNEY Appearance for Defendant International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division by Shawn Mckinley (Mckinley, Shawn)
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Filing 30
MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously granted Defendant leave to file its cross-motion for preliminary injunction and entered a briefing schedule #21 . Pursuant to Judge Hunt's motion practices, separate presentment of the motion is not required. The 3/7/24 hearing date is therefore stricken, and no appearance is necessary. Emailed notice. (cdh, )
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Filing 29
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 and Motion in Opposition to Belt Railway Company's Motion for Preliminary Injunction (Diehl-Gibbons, Erika)
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Filing 28
UNION'S BRIEF in SUPPORT of Their Motion for Preliminary Injunction and Opposition to Belt Railway Company of Chicago's Their Motion for Preliminary Injunction (Attachments: #1 Declaration Stelios Paras)(Diehl-Gibbons, Erika) Modified on 2/29/2024 (cdh, ).
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Filing 27
NOTICE of Motion by Erika A Diehl-Gibbons for presentment of motion for preliminary injunction #13 before Honorable LaShonda A. Hunt on 3/7/2024 at 10:00 AM. (Diehl-Gibbons, Erika)
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Filing 26
SMART-TD ANSWER to Complaint , Verified COUNTERCLAIM filed by International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division against The Belt Railway Company of Chicago . by International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division (Attachments: #1 Exhibit 1957 Agreement, #2 Exhibit 1969 Agreement, #3 Exhibit 1990 Crew Consist Agreement, #4 Exhibit BRC Section 6 Notices and Proposals Re Crew Consist, #5 Exhibit BRC Presentation, #6 Exhibit BRC Ltr Oct 2019 re NCCC, #7 Exhibit Dec 2023 Crew Consist Proposal, #8 Exhibit Cancellation, #9 Exhibit Union 2.16.24 Ltr to BRC, #10 Exhibit BRC Response, #11 Exhibit BRC 2.19.24 Response)(Diehl-Gibbons, Erika)
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Filing 25
MINUTE entry before the Honorable LaShonda A. Hunt: Joint Motion for Leave to Exceed Page Limit Instanter #20 is granted. Parties are each granted leave to file a combined brief on their cross-motions for preliminary injunction not to exceed 30 pages. Defendant's reply brief, if any, is limited to 15 pages. No appearance is necessary on 3/5/24. Emailed notice. (cdh, )
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Filing 24
ATTORNEY Appearance for Defendant International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division by Kevin C. Brodar (Brodar, Kevin)
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Filing 23
ATTORNEY Appearance for Defendant International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division by Shawn Mckinley (Mckinley, Shawn)
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Filing 22
Joint NOTICE of Motion by Erika A Diehl-Gibbons for presentment of motion for leave to file excess pages #20 , motion for preliminary injunction #13 before Honorable LaShonda A. Hunt on 3/5/2024 at 10:00 AM. (Diehl-Gibbons, Erika)
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Filing 21
MINUTE entry before the Honorable LaShonda A. Hunt: The Court has reviewed the parties' joint status report #17 , which proposed a briefing schedule on Plaintiff's motion for preliminary injunction #13 and Defendant's anticipated cross-motion, as well as set forth the parties' separate positions on hearing dates. With respect to the preliminary injunction motions, briefing will proceed as follows: (1) Defendant's cross-motion/opposition to Plaintiff's motion is due by 2/28/24; (2) Plaintiff's opposition to Defendant's motion/reply in support of its motion is due by 3/1/24; (3) Defendant's reply in support of its motion is due by 3/5/24. Telephonic status hearing set for 3/6/24 at 9:30AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. At that time, the parties should be prepared to set a hearing date on the preliminary injunction motions, which will likely be after 3/15/24 based on the Court's current schedule. The Court, on its own motion, extends the TRO #15 , which the parties indicate is set to expire on 3/5/24, to 3/6/24. Due to scheduling conflicts, the Court is unable to consider the matter before the expiration date and one additional day will not prejudice either side. At the 3/6/24 status hearing, parties may be heard on whether the TRO should be extended further. Any written submissions on this point for the Court's consideration are due by noon CST on 3/4/24. Finally, Defendant filed a motion for leave to file excess pages #20 on 2/27/24 and set it for hearing on 2/28/24 at 11:00AM #19 , even though Judge Hunt hears motions in civil cases at 10:00AM and requires at least 3 business days' notice for presentment. Accordingly, the 2/28/24 hearing date is stricken. Counsel is reminded to review and comply with Judge Hunt's case management procedures. Emailed notice. (cdh, )
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Filing 20
MOTION by Defendant International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division for leave to file excess pages (Diehl-Gibbons, Erika)
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Filing 19
Joint NOTICE of Motion by Erika A Diehl-Gibbons for presentment of before Honorable LaShonda A. Hunt on 2/28/2024 at 11:00 AM. (Diehl-Gibbons, Erika)
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Filing 18
ATTORNEY Appearance for Defendant International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division by Robert Earl Harrington, III (Harrington, Robert)
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Filing 17
STATUS Report JOINT by The Belt Railway Company of Chicago (Munro, Donald)
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Filing 16
MINUTE entry before the Honorable LaShonda A. Hunt: On 2/20/24, this Court held an emergency hearing on Plaintiff's motion for a temporary restraining order #5 and ruled that the motion would be granted in part based on a stipulation to be submitted by the parties #10 , which has now been entered #15 . After further discussion about setting a hearing date for Plaintiff's forthcoming motion for preliminary injunction, the Court ordered the parties to email a proposed agreed briefing and hearing schedule to the courtroom deputy, and if necessary, set forth separate proposals. Unfortunately, what the courtroom deputy (and ultimately the Court) have received are emails containing wholly improper and unnecessary arguments about the merits of the case, which goes well beyond what this Court allowed. At this point, the only pending matter before the Court that requires immediate attention is Plaintiff's Motion for Preliminary Injunction #13 . Accordingly, by 2/26/24, the parties are ordered to meet and confer and file a joint status report not to exceed 3 pages, that includes the previously ordered proposed briefing and hearing schedule. Each side may also identify any other issues pertaining to scheduling for the Court's consideration. Emailed notice. (cdh, )
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Filing 15
MINUTE entry before the Honorable LaShonda A. Hunt: As previously ordered by the Court #10 , Plaintiff's Motion for Temporary Restraining Order #5 is granted in part and the following agreed terms of the parties will apply: The parties hereby stipulate that SMART-TD shall not engage in any self-help activity related to the parties' dispute over staffing levels for hump operations, subject to the condition that Belt Railway maintains staffing levels for hump operations as they existed prior to February 20, 2024. The parties acknowledge that the fourteen-day time limit for a temporary restraining order under Federal Rule 65(b)(2) shall apply but are not hereby stipulating to or waiving the right to advocate for a "good cause" extension under that Rule. Once the Court sets a schedule for briefing and an evidentiary hearing on a preliminary injunction, the parties will submit a proposed revised stipulation confirming the temporal limit of this agreement. This stipulation is without prejudice to either party's positions with respect to any disputed issues in Case No. 1:24-cv-1395. Emailed notice. (cdh, )
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Filing 14
MEMORANDUM by The Belt Railway Company of Chicago in support of motion for preliminary injunction #13 (Attachments: #1 Exhibit 1)(Munro, Donald)
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Filing 13
MOTION by Plaintiff The Belt Railway Company of Chicago for preliminary injunction (Munro, Donald)
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Filing 12
ATTORNEY Appearance for Plaintiff The Belt Railway Company of Chicago by Jordan Melissa Matthews (Matthews, Jordan)
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Filing 11
ATTORNEY Appearance for Defendant International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division by Erika A Diehl-Gibbons (Diehl-Gibbons, Erika)
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Filing 10
MINUTE entry before the Honorable LaShonda A. Hunt: Emergency motion hearing held telephonically. Counsel for Plaintiff and Defendant present. For the reasons stated on the record, Plaintiff's Motion for a Temporary Restraining Order #5 will be granted in part based on the stipulation of the parties which is to be submitted to the courtroom deputy via email (with all counsel copied), by 2/21/24. Parties are further ordered to submit their proposed agreed briefing schedule on Plaintiff's anticipated Motion for Preliminary Injunction, as well as proposed dates for an evidentiary hearing, by email to the courtroom deputy (with all counsel copied) by 2/22/24. Emailed notice. (cdh, )
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Filing 9
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte request via phone for an emergency hearing on Plaintiff's Motion for a Temporary Restraining Order #5 is granted. An emergency telephonic hearing is set for 2/20/24, at 4:30 PM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Plaintiff's counsel shall immediately provide notice of this hearing to Defendant's counsel. Emailed notice. (cdh, )
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Filing 8
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings. Honorable Elaine E. Bucklo no longer assigned to the case pursuant to 28 USC 294(b). Signed by Executive Committee on 2/20/2024. (td, )
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Filing 7
CERTIFICATE of Compliance with Fed. R. Civ. P. 65(b) (Munro, Donald)
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Filing 6
MEMORANDUM by The Belt Railway Company of Chicago in support of motion for temporary restraining order #5 (Munro, Donald)
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Filing 5
MOTION by Plaintiff The Belt Railway Company of Chicago for temporary restraining order (Munro, Donald)
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Filing 4
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Belt Railway Company of Chicago (Munro, Donald)
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Filing 3
ATTORNEY Appearance for Plaintiff The Belt Railway Company of Chicago by Donald J. Munro (Munro, Donald)
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Filing 2
CIVIL Cover Sheet (Munro, Donald)
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Filing 1
COMPLAINT Verified filed by The Belt Railway Company of Chicago; Filing fee $ 405, receipt number AILNDC-21651972. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Munro, Donald)
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CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). (axa, )
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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 judgment, 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. (axa, )
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| Search for this case: The Belt Railway Company of Chicago v. International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division | |
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| Plaintiff: The Belt Railway Company of Chicago | |
| Represented By: | Donald J. Munro |
| Represented By: | Jordan Melissa Matthews |
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| Defendant: International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division | |
| Represented By: | Erika A Diehl-Gibbons |
| Represented By: | Kevin C. Brodar |
| Represented By: | Robert Earl Harrington, III |
| Represented By: | Shawn Mckinley |
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