Ottawa Northern Railroad, LLC v. Baldwin City, Kansas, City of et al
Plaintiff: Ottawa Northern Railroad, LLC
Defendant: 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
Case Number: 2:2023cv02363
Filed: August 21, 2023
Court: US District Court for the District of Kansas
Presiding Judge: Angel D Mitchell
Referring Judge: Kathryn H Vratil
Nature of Suit: Real Property: Other
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2023 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)
October 13, 2023 Filing 46 STATUS REPORT by Ottawa Northern Railroad, LLC. (Beeler, R.)
October 13, 2023 Filing 45 STATEMENT On Status by Defendants B.G. Consultants, Inc., Baldwin City, Kansas, City of, Bettis Asphalt & Construction, Inc., Calvin Reed. (Prier, Jason)
October 13, 2023 Opinion or Order 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)
October 11, 2023 Filing 43 RESPONSE re #38 Order to Show Cause, by Plaintiff Ottawa Northern Railroad, LLC(Beeler, R.)
October 11, 2023 Filing 42 MOTION for Default Judgment Against Defendant J. Warren Co. Inc. by Plaintiff Ottawa Northern Railroad, LLC (Beeler, R.)
October 5, 2023 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)
October 4, 2023 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)
October 4, 2023 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)
October 3, 2023 Opinion or Order 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)
October 2, 2023 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.)
September 29, 2023 Filing 36 STATEMENT REGARDING OTHER LITIGATION by Plaintiff Ottawa Northern Railroad, LLC. (Beeler, R.)
September 29, 2023 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)
September 29, 2023 Filing 34 STATEMENT Concerning Other Litigation Involving Plaintiff by Defendant Calvin Reed. (Price, Sherri)
September 29, 2023 Filing 33 STATEMENT Re Motion Hearing by Defendant Bettis Asphalt & Construction, Inc.. (Bruss, Suzanne)
September 28, 2023 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)
September 26, 2023 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)
September 26, 2023 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)
September 26, 2023 Opinion or Order 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)
September 26, 2023 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)
September 25, 2023 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)
September 25, 2023 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.)
September 25, 2023 Filing 26 MOTION FOR LEAVE to File Conventionally by Defendant Calvin Reed. (Savage, Gelene)
September 19, 2023 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)
September 19, 2023 Filing 24 MOTION to Dismiss for Lack of Jurisdiction AND MEMORANDUM IN SUPPORT by Defendant B.G. Consultants, Inc. (Norris, Michael)
September 19, 2023 Filing 23 CORPORATE DISCLOSURE STATEMENT by B.G. Consultants, Inc. identifying NONE as corporate parent . (Norris, Michael)
September 19, 2023 Filing 22 CORPORATE DISCLOSURE STATEMENT by Bettis Asphalt & Construction, Inc. identifying None as corporate parent . (Bruss, Suzanne)
September 19, 2023 Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Bettis Asphalt & Construction, Inc. (Bruss, Suzanne)
September 18, 2023 Opinion or Order 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)
September 18, 2023 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)
September 15, 2023 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)
September 15, 2023 Filing 18 MOTION to Dismiss by Defendant Baldwin City, Kansas, City of. (Prier, Jason)
September 15, 2023 Filing 17 ENTRY OF APPEARANCE by Sherri L. Price on behalf of Calvin Reed (Price, Sherri)
September 13, 2023 Opinion or Order 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)
September 13, 2023 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)
September 12, 2023 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)
September 12, 2023 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)
September 11, 2023 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)
September 11, 2023 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)
September 11, 2023 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)
August 29, 2023 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)
August 25, 2023 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)
August 25, 2023 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)
August 25, 2023 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).
August 24, 2023 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)
August 21, 2023 Filing 5 MOTION for Preliminary Injunction and Memorandum in Support by Plaintiff Ottawa Northern Railroad, LLC. (Beeler, R.)
August 21, 2023 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)
August 21, 2023 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).
August 21, 2023 Filing 2 CIVIL COVER SHEET by Plaintiff Ottawa Northern Railroad, LLC. (Beeler, R.) Modified on 8/21/2023 to correct plaintiff name (nao).
August 21, 2023 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)
August 21, 2023 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)
August 21, 2023 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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Search for this case: Ottawa Northern Railroad, LLC v. Baldwin City, Kansas, City of et al
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Plaintiff: Ottawa Northern Railroad, LLC
Represented By: Brett C. Randol
Represented By: R. Scott Beeler
Represented By: R. Todd Ehlert
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Defendant: City of Baldwin City, Kansas
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Defendant: Calvin Reed
Represented By: Gelene D. Savage
Represented By: Sherri L. Price
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Defendant: J. Warren Co., Inc.
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Defendant: Bettis Asphalt & Construction, Inc.
Represented By: J. Philip Davidson
Represented By: Paul J. Skolaut
Represented By: Suzanne Renea Bruss
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Defendant: B.G. Consultants, Inc.
Represented By: Emily Tung
Represented By: Michael G. Norris
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Defendant: Baldwin City, Kansas, City of
Represented By: Jason B. Prier
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