CONSOLIDATED GRAIN AND BARGE CO. v. PORTS OF INDIANA
| CONSOLIDATED GRAIN AND BARGE CO. |
| PORTS OF INDIANA and INDIANA PORT COMMISSION |
| 3:2021cv00129 |
| August 25, 2021 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Richard L Young |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 15, 2021. A more recent docket listing may be available from PACER.
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| Filing 80 RESPONSE in Opposition re #72 MOTION for Leave to File Surreply in Opposition to Defendant's Motion to Dismiss Amended Complaint , filed by Defendant PORTS OF INDIANA. (French, Peter) |
Filing 79
ORDER granting #69 Motion to Maintain Document Under Seal #68 SEALED Response to Motion. Signed by Magistrate Judge Matthew P. Brookman on 11/8/2021. (JRB) Modified on 11/10/2021 (AAS).
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| Filing 78 Findings of Fact & Conclusions of Law (proposed) on Consolidated Grain and Barge Co.'s Request for Injunctive Relief by PORTS OF INDIANA. (French, Peter) |
| Filing 77 MOTION to Maintain Document Under Seal #76 SEALED Document (Case Participants - doc) , filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Text of Proposed Order)(Johnson, James) |
| Filing 76 SEALED Version, re #75 Findings of Fact & Conclusions of Law (proposed), filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Johnson, James) |
| Filing 75 Findings of Fact & Conclusions of Law (proposed) on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction by CONSOLIDATED GRAIN AND BARGE CO.. (Johnson, James) |
| Filing 74 MOTION to Maintain Document Under Seal #73 SEALED Document (Case Participants - doc) , filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Text of Proposed Order)(Johnson, James) |
| Filing 73 SEALED Exhibit 1 - Proposed Surreply, re #72 Motion for Leave to File,, filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Johnson, James) |
| Filing 72 MOTION for Leave to File Surreply in Opposition to Defendant's Motion to Dismiss Amended Complaint, filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Exhibit 1 - Proposed Surreply, #2 Text of Proposed Order)(Johnson, James) |
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Filing 71
ORDER granting #46 Motion to Maintain Document #44 Under Seal. Signed by Magistrate Judge Matthew P. Brookman on 11/5/2021. (JRB)
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| Filing 70 REPLY in Support of Motion re #55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant PORTS OF INDIANA. (French, Peter) |
| Filing 69 MOTION to Maintain Document Under Seal #68 SEALED Response to #55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO. (Attachments: #1 Text of Proposed Order)(Johnson, James) Modified on 10/26/2021 (AAS). |
| Filing 68 SEALED RESPONSE re #55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO. (Johnson, James) Modified on 10/26/2021 (AAS). |
| Filing 67 RESPONSE in Opposition re #55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO. (Johnson, James) Modified on 10/26/2021 (AAS). |
| Filing 66 Minute Entry for telephonic status hearing held 10/21/2021 before Judge Richard L. Young. The parties appeared by telephone before the court for a telephonic status conference. Plaintiff appeared by Kal Shah, Matthew Langley and James Johnson; Defendant appeared by Peter French, Ann McCready, Vivek Hadley and Andrielle Metzel. Parties provided a status update to the court. The court orally DENIES the request for Preliminary Injunctive relief. Finding s of Fact and Conclusions of Law are due by close of business on NOVEMBER 8, 2021.(TMD) |
| Filing 65 RESPONSE , re #64 Status Report, filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Exhibit 1 - October 5, 2021 Proposal, #2 Exhibit 2 - October 19, 2021 Response to Counter-Proposal)(Johnson, James) |
| Filing 64 STATUS REPORT by PORTS OF INDIANA. (Attachments: #1 Exhibit A - 9/23/21 Email, #2 Exhibit B - 10/6/21 Email, #3 Exhibit C - 10/15/21 Email, #4 Exhibit D - 10/14/21 Email)(French, Peter) |
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Filing 63
ORDER granting #52 Motion to Maintain Document Under Seal #44 IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the following documents shall be maintained under seal: Amended Verified Complaint Docket No. #44 and 2001 Settlement Agreement attached as Exhibit A to Plaintiff's Amended Verified Complaint (Docket No. 44-1). Redacted public versions of these documents are available at Docket No. #45 . Signed by Magistrate Judge Matthew P. Brookman on 10/7/2021. (AAS)
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Filing 62
ORDER granting #41 Motion to Maintain Document #40 Under Seal. Signed by Magistrate Judge Matthew P. Brookman on 10/7/2021. (JRB)
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Filing 61
ORDER granting #27 Motion to Maintain Document Under Seal - The following documents shall be maintained under seal: the Commission's Response in Opposition to Consolidated Grain and Barge Co.'s Request for Injunctive Relieve Docket No. #23 ; Exhibit C to the Affidavit of Andrea Hermer (Docket No. 23-1); and the Commission's Brief in Support of Its Motion to Dismiss Docket No. #26 . Redacted public versions of these documents are available at Docket No. #22 and Docket No. #25 . Signed by Magistrate Judge Matthew P. Brookman on 10/6/2021. (AAS)
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Filing 60
ORDER granting #4 Motion to Maintain Document Under Seal - IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the following documents shall be maintained under seal: Sealed Version of Complaint and Exhibit A Docket No. #3 . A redacted public version of the document shall be available at Docket No. #1 . Signed by Magistrate Judge Matthew P. Brookman on 10/6/2021. (AAS)
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| Filing 58 Minute Entry for telephonic conference held 10/05/2021 before Judge Richard L. Young. Upon request from the Defendant, parties appeared by telephone before the court. Plaintiff appeared by Kal Shah, Matthew Langley and James Johnson; Defendant appeared by Ann McCready, Vivek Hadley and Andrielle Metzel. Parties provided a status update to the court. The telephonic status conference set for 10/21/2021 at 10:30 a.m. is confirmed. (TMD) |
| Filing 56 BRIEF/MEMORANDUM in Support re #55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant PORTS OF INDIANA. (French, Peter) |
| Filing 55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant PORTS OF INDIANA. (French, Peter) |
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Filing 53
SCHEDULING ORDER: An Attorney Telephone Conference is set for 10/5/2021 at 2:00 PM (Central Time) before Judge Richard L. Young. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Judge Richard L. Young on 10/4/2021.(TMD)
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| Filing 52 MOTION to Maintain Document Under Seal #51 SEALED Document (Case Participants - doc) , filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Text of Proposed Order)(Johnson, James) |
| Filing 51 SEALED Exhibit 1 - Proposed Surreply, re #50 Motion for Leave to File, filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Johnson, James) |
| Filing 50 MOTION for Leave to File Surreply in Opposition to Defendant's Motion for Rule to Show Cause, filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Exhibit 1 - Proposed Surreply, #2 Text of Proposed Order)(Johnson, James) |
| Filing 49 NOTICE of FILING of OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held before Judge Richard L. Young on September 21, 2021 (Techert, Maggie) |
| Filing 48 TRANSCRIPT of Preliminary Injunction Hearing held on September 21, 2021 before Judge Richard L. Young. (214 pages.) Court Reporter/Transcriber: Maggie Techert (Telephone: (812) 205-0682). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 10/20/2021. Release of Transcript Restriction set for 12/28/2021. (Techert, Maggie) |
| Filing 47 REPLY in Support of Motion re #42 MOTION Indiana Port Commission's Motion for Rule to Show Cause Regarding Federal Preemption , filed by Defendant PORTS OF INDIANA. (French, Peter) |
| Filing 57 Minute Entry for Motion Hearing re Plaintiff's #7 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction held 9/21/2021 before Judge Richard L. Young. The court hears argument from the counsel and testimony from witnesses. A telephonic Status Conference is set for 10/21/2021 at 10:30 AM (Central Time) before Judge Richard L. Young. (Court Reporter Maggie Techert.) (TMD) |
| Filing 46 MOTION to Maintain Document Under Seal #44 SEALED Document (Case Participants - doc) , filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Text of Proposed Order)(Johnson, James) |
| Filing 45 AMENDED COMPLAINT against PORTS OF INDIANA, filed by CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Exhibit A - 2001 Settlement Agreement, #2 Exhibit B - 2001 Track Use Agreement, #3 Exhibit C - Lease Agreement, #4 Exhibit D - 2006 Track Use Agreement)(Johnson, James) |
| Filing 44 SEALED Amended Verified Complaint, filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Exhibit A - 2001 Settlement Agreement, #2 Exhibit B - 2001 Track Use Agreement, #3 Exhibit C - Lease Agreement, #4 Exhibit D - 2006 Track Use Agreement)(Johnson, James) |
| Filing 43 RESPONSE in Opposition re #42 MOTION Indiana Port Commission's Motion for Rule to Show Cause Regarding Federal Preemption , filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Johnson, James) |
| Filing 42 MOTION Indiana Port Commission's Motion for Rule to Show Cause Regarding Federal Preemption, filed by Defendant PORTS OF INDIANA. (Attachments: #1 Exhibit A - Email and Attachment)(French, Peter) |
| Filing 41 MOTION to Maintain Document Under Seal #40 SEALED Reply in support of Motion , filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Text of Proposed Order)(Johnson, James) |
| Filing 40 SEALED REPLY in support of Motion re #7 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction , filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Exhibit 1 - Letter from Defendant, #2 Exhibit 2 - Freight Tariff SPR 8000)(Johnson, James) |
| Filing 39 REPLY in Support of Motion re #7 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction , filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Exhibit 1 - Letter from Defendant, #2 Exhibit 2 - Freight Tariff SPR 8000)(Johnson, James) |
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Filing 38
ORDER granting #36 Motion to Appear pro hac vice. Attorney Matthew J. Langley for CONSOLIDATED GRAIN AND BARGE CO. added. The Court FURTHER ORDERS that Matthew J. Langley register as a user of the court's electronic case filing system by September 24, 2021. Failure to register could result in the revocation of his admission pro hac vice. Copy to Counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 9/10/2021. (AAS)
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Filing 37
ORDER granting #35 Motion for Extension of Time to File Reply to #7 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction to 9/10/2021. Signed by Magistrate Judge Matthew P. Brookman on 9/8/2021. (JRB)
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| Filing 36 MOTION for Attorney(s) Matthew J. Langley to Appear pro hac vice (Filing fee $100, receipt number 0756-6737431), filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Johnson, James) |
| Filing 35 MOTION for Extension of Time to File Reply to September 10, 2021 re #7 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction , filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Text of Proposed Order Order on Motion for Extension)(Freel, Angela) |
| Filing 34 Minute Entry for telephonic conference held 9/01/2021 before Judge Richard L. Young. Parties appear telephonically, plaintiff by James Johnson, Kal Shah and Angela Freel; defendant by Peter French and Scott Alexander for a follow-up conference regarding the Motion for Temporary Restraining Order filed by Plaintiff. Discussions were held. Any further orders shall issue by separate entry. (TMD) |
| Filing 33 Submission Letter to The Honorable Richard L. Young, filed by Defendant PORTS OF INDIANA. (French, Peter) |
| Filing 32 Submission - Letter to Honorable Richard L. Young, filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Johnson, James) |
| Filing 31 Corporate Disclosure Statement by PORTS OF INDIANA. (French, Peter) |
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Filing 30
ORDER - IT IS THEREFORE ORDERED that the parties shall maintain the status quo as it relates to Consolidated's rail operations at Southwind until such time as the Court issues further orders on or about September 1, 2021. This Order is without prejudice to the positions set forth by either side. Signed by Judge Richard L. Young on 8/31/2021.(AAS)
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| Filing 28 NOTICE of Filing of Agreed Proposed Order by CONSOLIDATED GRAIN AND BARGE CO. (Johnson, James) |
| Filing 29 Minute Entry for a telephonic conference held 8/30/2021 before Judge Richard L. Young. Parties appear telephonically, plaintiff by James Johnson, Kal Shah and Angela Freel; defendant by Peter French, Ann McCready, Scott Alexander and Vivek Hadley, for a conference on the Motion for Temporary Restraining Order filed by Plaintiff. Parties advise the court of the issues at hand. This conference is continued to Wednesday, SEPTEMBER 1, 2021 at 10:00 a.m. (Central time). Dialing information shall remain the same for this hearing. (TMD) Modified on 8/31/2021 (TMD). Modified on 9/1/2021 (TMD). |
| Filing 27 MOTION to Maintain Document Under Seal #26 SEALED Document (Case Participants - doc), #23 SEALED Response to Motion , filed by Defendant PORTS OF INDIANA. (Attachments: #1 Text of Proposed Order)(French, Peter) |
| Filing 26 SEALED Brief in Support of Motion to Dismiss, re #24 Motion to Dismiss for Failure to State a Claim, filed by Defendant PORTS OF INDIANA. (Attachments: #1 Exhibit A - Letter)(French, Peter) |
| Filing 25 BRIEF/MEMORANDUM in Support re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant PORTS OF INDIANA. (Attachments: #1 Exhibit A - Letter)(French, Peter) |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant PORTS OF INDIANA. (French, Peter) |
| Filing 23 SEALED RESPONSE re #7 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction , filed by Defendant PORTS OF INDIANA. (Attachments: #1 Affidavit of Andrea Hermer)(French, Peter) |
| Filing 22 RESPONSE in Opposition re #7 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction , filed by Defendant PORTS OF INDIANA. (Attachments: #1 Affidavit of Andrea Hermer)(French, Peter) |
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Filing 21
ORDER granting #10 Motion to Appear pro hac vice. Attorney Kal K. Shah for CONSOLIDATED GRAIN AND BARGE CO. added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 8/27/2021. (JRB)
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| Filing 20 NOTICE of Appearance by Vivek Randle Hadley on behalf of Defendant PORTS OF INDIANA. (Hadley, Vivek) |
| Filing 19 NOTICE of Appearance by Andrielle Marie Metzel on behalf of Defendant PORTS OF INDIANA. (Metzel, Andrielle) |
| Filing 18 NOTICE of Appearance by Ann O. McCready on behalf of Defendant PORTS OF INDIANA. (McCready, Ann) |
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Filing 16
SCHEDULING ORDER: The court SETS this matter for a telephonic conference on AUGUST 30, 2021 at 10:00 a.m. before the Honorable Richard L. Young, Judge. The information needed to participate in this telephonic conference will be provided by a separatenotification. Signed by Judge Richard L. Young on 8/26/2021.(JRB)
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| Filing 15 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAS) |
| Filing 14 Summons Issued as to PORTS OF INDIANA. (AAS) |
| Filing 13 NOTICE of Appearance by Scott R. Alexander on behalf of Defendant PORTS OF INDIANA. (Alexander, Scott) |
| Filing 12 NOTICE of Appearance by Peter S. French on behalf of Defendant PORTS OF INDIANA. (French, Peter) |
| Filing 11 Submission of Proposed Order , re #10 MOTION for Attorney(s) Kal K. Shah to Appear pro hac vice (Filing fee $100, receipt number 0756-6718828), filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Freel, Angela) |
| Filing 10 MOTION for Attorney(s) Kal K. Shah to Appear pro hac vice (Filing fee $100, receipt number 0756-6718828), filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Exhibit Exhibit A)(Freel, Angela) |
| Filing 9 SEALED , re #8 Brief/Memorandum in Support, filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Exhibit 1 - Letter)(Johnson, James) |
| Filing 8 BRIEF/MEMORANDUM in Support re #7 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction , filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Exhibit 1 - Letter)(Johnson, James) |
| Filing 7 MOTION for Temporary Restraining Order and, MOTION for Preliminary Injunction , filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Text of Proposed Order)(Johnson, James) |
| Filing 6 Corporate Disclosure Statement by CONSOLIDATED GRAIN AND BARGE CO. identifying Corporate Parent ITOCHU Corporation, Other Affiliate ITOCHU International Inc., Other Affiliate Zen-Noh Unico America Corporation, Other Affiliate Zen Noh Grain Corporation for CONSOLIDATED GRAIN AND BARGE CO... (Johnson, James) |
| Filing 5 NOTICE of Appearance by Angela L. Freel on behalf of Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Freel, Angela) |
| Filing 4 MOTION to Maintain Document Under Seal #3 SEALED Document (Case Participants - doc) , filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Text of Proposed Order)(Johnson, James) |
| Filing 3 SEALED Version of Complaint and Exhibit A, re #1 Complaint, filed by Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Attachments: #1 Exhibit A - 2001 Settlement Agreement, #2 Exhibit B - 2001 Track Use Agreement, #3 Exhibit C - Lease Agreement, #4 Exhibit D - 2006 Track Use Agreement)(Johnson, James) |
| Filing 2 NOTICE of Appearance by James D. Johnson on behalf of Plaintiff CONSOLIDATED GRAIN AND BARGE CO.. (Johnson, James) |
| Filing 1 COMPLAINT against PORTS OF INDIANA, filed by CONSOLIDATED GRAIN AND BARGE CO.. (Filing fee $402, receipt number 0756-6718309) (Attachments: #1 Exhibit A - 2001 Settlement Agreement, #2 Exhibit B - 2001 Track Use Agreement, #3 Exhibit C - Lease Agreement, #4 Exhibit D - 2006 Track Use Agreement, #5 Civil Cover Sheet, #6 Proposed Summons)(Johnson, James) |
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