Ottawa Northern Railroad, LLC v. Baldwin City, Kansas, City of et al
| Ottawa Northern Railroad, LLC |
| City of Baldwin City, Kansas, Calvin Reed, J. Warren Co., Inc., Bettis Asphalt & Construction, Inc., B.G. Consultants, Inc. and Baldwin City, Kansas, City of |
| 2:2023cv02363 |
| August 21, 2023 |
| US District Court for the District of Kansas |
| Angel D Mitchell |
| Kathryn H Vratil |
| Real Property: Other |
| None |
Docket Report
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This docket was last retrieved on April 30, 2024. A more recent docket listing may be available from PACER.
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Filing 47
REPLY TO RESPONSE TO MOTION by Defendants B.G. Consultants, Inc., Baldwin City, Kansas, City of, Bettis Asphalt & Construction, Inc., Calvin Reed re: #24 Motion to Dismiss/Lack of Jurisdiction, #21 Motion to Dismiss for Failure to State a Claim, #18 Motion to Dismiss, #13 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim (Savage, Gelene)
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Filing 46
STATUS REPORT by Ottawa Northern Railroad, LLC. (Beeler, R.)
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Filing 45
STATEMENT On Status by Defendants B.G. Consultants, Inc., Baldwin City, Kansas, City of, Bettis Asphalt & Construction, Inc., Calvin Reed. (Prier, Jason)
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Filing 44
ORDER re #38 Order to Show Cause. The court has reviewed plaintiff's response (ECF #43 ) to the order to show cause. The response and docket indicate that plaintiff has now moved for default judgment against J. Warren Co., Inc. (ECF #7 ). The court finds that plaintiff has shown good cause why the undersigned should not recommend dismissal of its claims under Fed. R. Civ. P. 4(m). Signed by Magistrate Judge Angel D. Mitchell on 10/13/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht)
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Filing 43
RESPONSE re #38 Order to Show Cause, by Plaintiff Ottawa Northern Railroad, LLC(Beeler, R.)
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Filing 42
MOTION for Default Judgment Against Defendant J. Warren Co. Inc. by Plaintiff Ottawa Northern Railroad, LLC (Beeler, R.)
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Filing 41
MEMORANDUM IN OPPOSITION by Plaintiff Ottawa Northern Railroad, LLC re #24 MOTION to Dismiss for Lack of Jurisdiction AND MEMORANDUM IN SUPPORT (Randol, Brett)
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Filing 40
MINUTE ENTRY for proceedings held before District Judge Kathryn H. Vratil: MOTION HEARING was held on 10/4/2023. The parties appear through counsel. Defendant was directed to supply required documents to plaintiff by October 9, 2023. The parties were directed to supply the Court with a status report as to their discussions by 5:00 PM on October 13, 2023. The Court takes Plaintiff's Motion for Preliminary Injunction (Doc. #5) filed August 21, 2023 UNDER ADVISEMENT. See attached minute sheet for further details. (Court Reporter Dani Murray.)(Attachments: #(1) Exhibit List, #(2) Witness Sheet) (alh)
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Filing 39
NOTICE of COURTROOM CHANGE ONLY: The Evidentiary Preliminary Injunction Hearing set for 10/4/2023 at 01:30 PM will be held in KC Courtroom 476 before District Judge Kathryn H. Vratil. THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
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Filing 38
ORDER TO SHOW CAUSE: Ottawa Northern to show cause in writing why the court should not recommend that the district judge dismiss Ottawa Northern's claims against J. Warren without prejudice for failure to prosecute pursuant to FED. R. CIV. P. 41(b). Show Cause Response due by 10/17/2023. Signed by Magistrate Judge Angel D. Mitchell on 10/3/23. (msb)
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Filing 37
MEMORANDUM IN OPPOSITION by Plaintiff Ottawa Northern Railroad, LLC re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #18 MOTION to Dismiss , #13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Beeler, R.)
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Filing 36
STATEMENT REGARDING OTHER LITIGATION by Plaintiff Ottawa Northern Railroad, LLC. (Beeler, R.)
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Filing 35
STATEMENT Requested by the Court by Defendant Baldwin City, Kansas, City of. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Prier, Jason)
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Filing 34
STATEMENT Concerning Other Litigation Involving Plaintiff by Defendant Calvin Reed. (Price, Sherri)
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Filing 33
STATEMENT Re Motion Hearing by Defendant Bettis Asphalt & Construction, Inc.. (Bruss, Suzanne)
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Filing 32
STATEMENT re #31 Motion Hearing. (DEFENDANT BG CONSULTANTS, INC.'S STATEMENT CONCERNING OTHER LITIGATION INVOLVING PLAINTIFF) by Defendant B.G. Consultants, Inc. (Tung, Emily)
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Filing 31
MINUTE ENTRY for proceedings held before District Judge Kathryn H. Vratil: MOTION HEARING was held on 9/26/2023. Parties appear through counsel. The Court directed the parties to file supplemental memoranda on the nature and status of the state court litigation discussed in Defendants' Joint Response In Opposition To Plaintiff's Motion For Preliminary Injunction (Doc. #25). The Evidentiary Preliminary Injunction Hearing is continued to 10/4/2023 at 01:30 PM in KC Courtroom 440 (JWL/KHV) before District Judge Kathryn H. Vratil. See attached minute sheet for further details. (Court Reporter Dani Murray.) (Attachments: #1 Exhibit List, #2 Witness Sheet) (alh)
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Filing 30
CONVENTIONALLY FILED EXHIBIT 807 IN SUPPORT of #25 RESPONSE by Defendant Calvin Reed to #5 Motion for Preliminary Injunction. Exhibit 807 filed conventionally per 29 ORDER. Original copy filed in Kansas City clerk's office. Chambers copy presented to Judge Vratil by defense counsel in open court at Motion Hearing on 9/26/2023. (jsh)
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Filing 29
ORDER granting #26 Motion Of Defendant Calvin Reed, In His Capacity As Secretary Of The Kansas Department Of Transportation, To File An Exhibit Conventionally. Signed by District Judge Kathryn H. Vratil on 9/26/2023. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #26 MOTION FOR LEAVE to File Conventionally . The motion will be resolved by the District Judge.(ht)
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Filing 28
EXHIBIT(S) IN SUPPORT of #25 Response to Motion. Index of Exhibits. by Defendants B.G. Consultants, Inc., Baldwin City, Kansas, City of, Bettis Asphalt & Construction, Inc., Calvin Reed . (Attachments: #1 Exhibit 800, #2 Exhibit 801, #3 Exhibit 802, #4 Exhibit 803, #5 Exhibit 804, #6 Exhibit 804A, #7 Exhibit 804B, #8 Exhibit 804C, #9 Exhibit 805, #10 Exhibit 806, #11 Exhibit 808, #12 Exhibit 809, #13 Exhibit 810, #14 Exhibit 811)(Price, Sherri)
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Filing 27
EXHIBIT(S) IN SUPPORT of #5 MOTION for Preliminary Injunction and Memorandum in Support by Plaintiff Ottawa Northern Railroad, LLC (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33)(Beeler, R.)
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Filing 26
MOTION FOR LEAVE to File Conventionally by Defendant Calvin Reed. (Savage, Gelene)
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Filing 25
RESPONSE by Defendants B.G. Consultants, Inc., Baldwin City, Kansas, City of, Bettis Asphalt & Construction, Inc., Calvin Reed re #5 Motion for Preliminary Injunction ( Reply deadline 10/3/2023), INDEX OF EXHIBITS by Defendants B.G. Consultants, Inc., Baldwin City, Kansas, City of, Bettis Asphalt & Construction, Inc., Calvin Reed re #5 MOTION for Preliminary Injunction and Memorandum in Support (Attachments: #1 Affidavit Michelle Anschutz, #2 Ex. Construction Agreement, #3 Ex. Railroad Liability Insurance, #4 Ex. Photograph - Storm Sewer, #5 Ex. Photograph - Storm Sewer, #6 Ex. Photograph - Grading, #7 Affidavit Glenn Rodden, #8 Ex. Baldwin City Safe Routes to School Report 2020, #9 Ex. Canceled Checks Tendered for Trail Easement Agreement, #10 Ex. Midland Utility Credit Calculations, #11 Ex. Photographs of Tanker Blocking the Elm Street Crossing, #12 Ex. US DOT Crossing Inventory Form - Elm Street Crossing (1/1/2004), #13 Ex. FRA Crossing Map, #14 Exhibit List)(Savage, Gelene)
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Filing 24
MOTION to Dismiss for Lack of Jurisdiction AND MEMORANDUM IN SUPPORT by Defendant B.G. Consultants, Inc. (Norris, Michael)
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Filing 23
CORPORATE DISCLOSURE STATEMENT by B.G. Consultants, Inc. identifying NONE as corporate parent . (Norris, Michael)
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Filing 22
CORPORATE DISCLOSURE STATEMENT by Bettis Asphalt & Construction, Inc. identifying None as corporate parent . (Bruss, Suzanne)
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Filing 21
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Bettis Asphalt & Construction, Inc. (Bruss, Suzanne)
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Filing 20
ORDER granting Defendants' Joint Motion to Exceed Page Limitations of Joint Response Brief in Opposition to Plaintiff's Motion for Preliminary Injunction (Doc. #19). Signed by District Judge Kathryn H. Vratil on 9/18/2023. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #19 Joint MOTION for Leave to File Excess Pages OF JOINT RESPONSE BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION. The motion will be resolved by the District Judge.(ht)
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Filing 19
Joint MOTION for Leave to File Excess Pages OF JOINT RESPONSE BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION by Defendant B.G. Consultants, Inc. (Norris, Michael)
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Filing 18
MOTION to Dismiss by Defendant Baldwin City, Kansas, City of. (Prier, Jason)
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Filing 17
ENTRY OF APPEARANCE by Sherri L. Price on behalf of Calvin Reed (Price, Sherri)
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Filing 16
ORDER granting Unopposed Joint Motion for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction (Doc. #14). Defendant's Response deadline is extended to 9/19/2023. Signed by District Judge Kathryn H. Vratil on 9/13/2023. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
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Filing 15
CLERKS ORDER EXTENDING TIME until 9/27/2023 for Defendant Bettis Asphalt & Construction, Inc. to answer or otherwise plead. Signed by deputy clerk on 9/13/2023. (jsh)
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Filing 14
Joint MOTION for Extension of Time to File Response as to #5 MOTION for Preliminary Injunction and Memorandum in Support (UNOPPOSED JOINT MOTION FOR EXTENSION) by Defendant B.G. Consultants, Inc. (Norris, Michael)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #14 Joint MOTION for Extension of Time to File Response as to #5 MOTION for Preliminary Injunction and Memorandum in Support (UNOPPOSED JOINT MOTION FOR EXTENSION). The motion will be resolved by the District Judge.(ht)
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Filing 13
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response deadline 10/2/2023) by Defendant Calvin Reed (Savage, Gelene)
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Filing 12
CLERKS ORDER EXTENDING TIME until 9/26/2023 for Defendant Baldwin City, Kansas, City of to answer or otherwise plead. Signed by deputy clerk on 9/11/2023. (jk)
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Filing 11
CLERKS ORDER EXTENDING TIME until 9/27/2023 for Defendant B.G. Consultants, Inc. to answer or otherwise plead. Signed by deputy clerk on 9/11/2023. (jk)
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Filing 10
NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk regarding #7 Return of Service of Summons Executed, #9 Return of Service of Summons Executed; corrected service and answer dates to match documents. (kmc)
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Filing 9
SUMMONS RETURNED EXECUTED -- Personal by Ottawa Northern Railroad, LLC upon B.G. Consultants, Inc. served on 8/22=3/2023, answer due 9/13/2023 (Randol, Brett) Modified to correct the service date and answer date on 8/29/2023 (kmc)
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Filing 8
SUMMONS RETURNED EXECUTED -- Personal by Ottawa Northern Railroad, LLC upon Bettis Asphalt & Construction, Inc. served on 8/23/2023, answer due 9/13/2023 (Randol, Brett)
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Filing 7
SUMMONS RETURNED EXECUTED -- Personal by Ottawa Northern Railroad, LLC upon J. Warren Co., Inc. served on 8/23/2023, answer due 9/13/2023 (Randol, Brett) Modified to correct service date and answer date on 8/29/2023 (kmc).
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Filing 6
NOTICE of Hearing: MOTION for Preliminary Injunction and Memorandum in Support #5 is set for hearing 9/26/2023 at 01:00 PM in KC Courtroom 476 before District Judge Kathryn H. Vratil. THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
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Filing 5
MOTION for Preliminary Injunction and Memorandum in Support by Plaintiff Ottawa Northern Railroad, LLC. (Beeler, R.)
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Filing 4
CORPORATE DISCLOSURE STATEMENT by Ottawa Northern Railroad, LLC identifying Chicago Rock Island & Pacific Railroad, LLC as corporate parent. (Beeler, R.) Modified on 8/21/2023 to correct plaintiff name. (nao)
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Filing 3
DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Ottawa Northern Railroad, LLC - trial to be held in Kansas City. (Beeler, R.) Modified on 8/21/2023 to correct plaintiff name (nao).
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Filing 2
CIVIL COVER SHEET by Plaintiff Ottawa Northern Railroad, LLC. (Beeler, R.) Modified on 8/21/2023 to correct plaintiff name (nao).
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Filing 1
COMPLAINT with trial location of Kansas City (Filing fee $402, Internet Payment Receipt Number AKSDC-6134928.), filed by Ottawa Northern Railroad, LLC. (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)(Beeler, R.) Modified on 8/21/2023 to correct plaintiff name. (nao)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Kathryn H. Vratil and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (nao)
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SUMMONS ISSUED as to B.G. Consultants, Inc., Bettis Asphalt & Construction, Inc., City of Baldwin City, Kansas, J. Warren Co., Inc., Calvin Reed. (issued to Attorney for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (nao)
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