Yellow Corporation et al v. International Brotherhood of Teamsters et al
| Yellow Corporation, YRC Inc. doing business as YRC Freight, USF Holland LLC, New Penn Motor Express LLC and USF Reddaway Inc. |
| International Brotherhood of Teamsters, Teamsters National Freight Industry Negotiating Committee, Teamsters Local No. 696, Teamsters Local No. 795 and Teamsters Local No. 41 |
| 6:2023cv01131 |
| June 27, 2023 |
| US District Court for the District of Kansas |
| Angel D Mitchell |
| Julie A Robinson |
| Contract: Other |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| Plaintiff |
Docket Report
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Filing 50
ORDER expediting the deadline for Defendants to respond to Plaintiffs' Motion for Extension of Time to File Response as to Defendants' Motions to Dismiss (Doc. 49), which also addresses the order of briefing as between Plaintiffs' Motion to Transfer and the Motions to Dismiss. Defendants' response shall be filed no later than August 28, 2023, and shall not exceed five (5) pages. Plaintiff may file a reply no later than September 1, 2023, which shall not exceed five (5) pages. Plaintiffs' request by email to conduct a status conference on this motion is denied. The Court will resolve these issues after reviewing the briefs on the motion for extension of time. Briefing on the underlying motions to dismiss is stayed until the Court rules. The parties shall refrain from sending emails to the Court that include arguments on the merits. Signed by District Judge Julie A. Robinson on 8/22/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ams)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #49 MOTION for Extension of Time to File Response as to #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . The motion will be resolved by the District Judge.(ht)
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Filing 49
MOTION for Extension of Time to File Response as to #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiffs New Penn Motor Express LLC, USF Holland LLC, USF Reddaway Inc., YRC Inc., Yellow Corporation (Johnson, Daniel)
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Filing 48
MEMORANDUM IN SUPPORT of #47 MOTION to Transfer Case by Plaintiffs New Penn Motor Express LLC, USF Holland LLC, USF Reddaway Inc., YRC Inc., Yellow Corporation (Attachments: #1 Exhibit 1 - US DOL Teamsters Annual Report (Part 1 of 2), #2 Exhibit 1 - US DOL Teamsters Annual Report (Part 2 of 2), #3 Exhibit 2 - Transcript of Motion for TRO Hearing, #4 Exhibit 3 - M. Doheny Declaration, #5 Exhibit 4 - Chapter 11 Bankruptcy, #6 Exhibit 5 - 8.9.2023 Order Directing Join Admin of Chapter 11 Cases, #7 Exhibit 6 - 8.10.2023 Interim Order, #8 Exhibit 7 - Am. Notice of Agenda of First Day Matters, #9 Exhibit 8 - Notice of Appointment of Committee of Unsecured Creditors)(Johnson, Daniel)
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Filing 47
MOTION to Transfer Case by Plaintiffs New Penn Motor Express LLC, USF Holland LLC, USF Reddaway Inc., YRC Inc., Yellow Corporation (Johnson, Daniel)
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Filing 46
APPEAL MANDATE from 10CCA dismissing the appeal pursuant to Fed. R. App. P. 42(b). (Appeal No. 23-3132) (Attachments: #1 Transmittal Letter) (mam)
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Filing 45
ORDER granting #44 Plaintiff's Unopposed MOTION for Extension of Time to File Response as to #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Response deadline extended to 8/24/2023. Signed by District Judge Julie A. Robinson on 8/8/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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Filing 44
Unopposed MOTION for Extension of Time to File Response as to #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiffs New Penn Motor Express LLC, USF Holland LLC, USF Reddaway Inc., YRC Inc., Yellow Corporation (Johnson, Daniel)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #44 Unopposed MOTION for Extension of Time to File Response as to #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . The motion will be resolved by the District Judge.(ht)
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Filing 43
APPEAL DOCKETED in 10CCA on 07/24/2023 and assigned Appeal No. 23-3132 re #38 Notice of Interlocutory Appeal, filed by USF Reddaway Inc., YRC Inc., Yellow Corporation, New Penn Motor Express LLC, USF Holland LLC. (kmc)
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Filing 42
PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re #38 Notice of Interlocutory Appeal. (Attachments: #1 Preliminary Packet) (kmc)
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Filing 41
TRANSCRIPT of Motion Hearing held 7/21/23 before Judge Julie A. Robinson, Court Reporter Dani Murray, 913-907-1434, dani_murray@ksd.uscourts.gov. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 10/23/2023. (dm)
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Filing 40
TRANSCRIPT ORDER FORM: Transcript Requested 7.21.2023 Hearing Re Plaintiffs' Motion for TRO and Preliminary Injunction filed by New Penn Motor Express LLC, USF Holland LLC, USF Reddaway Inc., YRC Inc., Yellow Corporation re #38 Notice of Interlocutory Appeal, (Johnson, Daniel)
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Filing 39
(SEE CORRECTED FILING DE #40 ) TRANSCRIPT ORDER FORM: Transcript Requested July 21, 2023 Hearing Re Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction filed by New Penn Motor Express LLC, USF Holland LLC, USF Reddaway Inc., YRC Inc., Yellow Corporation re #38 Notice of Interlocutory Appeal, (Johnson, Daniel) Modified on 7/24/2023 (kas).
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Filing 38
NOTICE OF INTERLOCUTORY APPEAL as to #37 Order on Motion for TRO by Plaintiffs New Penn Motor Express LLC, USF Holland LLC, USF Reddaway Inc., YRC Inc., Yellow Corporation Filing fee $505, Internet Payment Receipt Number AKSDC-6112039. (Johnson, Daniel)
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Filing 37
ORDER MEMORIALIZING JULY 21, 2023 RULING. Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #22 ) is denied. Signed by District Judge Julie A. Robinson on 7/21/2023. (kas)
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Filing 36
MINUTE ENTRY for proceedings held before District Judge Julie A. Robinson: This case comes before the Court on Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. 22) filed July 19, 2023. Plaintiff appears by counsel Daniel Johnson, Maria Gorecki, Ronald Rossi, Trina Ricketts and Marc Kasowitz. Defendant appears by counsel Michael Amash, Nathan Kakazu, Richard Gibson and Edward Gleason.After hearing arguments of counsel, the Court ruled from the bench DENIES Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. 22). (Court Reporter Dani Murray.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
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Filing 35
ORDER granting #28 Motion to Appear Pro Hac Vice of Richard W. Gibson for International Brotherhood of Teamsters, Teamsters Local No. 41, Teamsters Local No. 696, Teamsters Local No. 795, Teamsters National Freight Industry Negotiating Committee pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 7/21/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 34
ORDER granting #27 Motion to Appear Pro Hac Vice of Edward M. Gleason, Jr for International Brotherhood of Teamsters, for Teamsters Local No. 41, Teamsters Local No. 696, Teamsters Local No. 795, Teamsters National Freight Industry Negotiating Committee pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 7/21/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 33
RESPONSE by Defendants International Brotherhood of Teamsters, Teamsters Local No. 41, Teamsters Local No. 696, Teamsters Local No. 795, Teamsters National Freight Industry Negotiating Committee re #22 Motion for a Temporary Restraining Order and Preliminary Injunction. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Amash, Michael)
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Filing 32
MEMORANDUM IN SUPPORT of #31 Motion to Dismiss for Failure to State a Claim by Defendants Teamsters Local No. 41, Teamsters Local No. 696, Teamsters Local No. 795. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit List)(Amash, Michael)
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Filing 31
MOTION to Dismiss for Failure to State a Claim by Defendants Teamsters Local No. 41, Teamsters Local No. 696, Teamsters Local No. 795. (Amash, Michael)
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Filing 30
MEMORANDUM IN SUPPORT of #29 Motion to Dismiss for Failure to State a Claim by Defendants International Brotherhood of Teamsters, Teamsters National Freight Industry Negotiating Committee. (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 List)(Amash, Michael)
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Filing 29
MOTION to Dismiss for Failure to State a Claim by Defendants International Brotherhood of Teamsters, Teamsters National Freight Industry Negotiating Committee. (Amash, Michael)
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Filing 28
MOTION for attorney Richard W. Gibson to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6110503.) by Defendants International Brotherhood of Teamsters, Teamsters Local No. 41, Teamsters Local No. 696, Teamsters Local No. 795, Teamsters National Freight Industry Negotiating Committee. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Affidavit, #2 ECF Registration Form, #3 Certificate of Good Standing)(Amash, Michael)
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Filing 27
MOTION for attorney Edward M. Gleason, Jr. to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number BKSDC-6110474.) by Defendants International Brotherhood of Teamsters, Teamsters Local No. 41, Teamsters Local No. 696, Teamsters Local No. 795, Teamsters National Freight Industry Negotiating Committee. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: #1 Affidavit, #2 ECF Registration Form, #3 Certificate of Good Standing)(Amash, Michael)
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Filing 26
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) TRO Hearing set for 7/21/2023 at 1:30 PM in KC Courtroom 427 (JAR) before District Judge Julie A. Robinson. Defendant's response is due 7/21/23 by 9:00 a.m. Counsel is to be mindful of the 15 page limit. Any party calling into the hearing shall dial the conference line at 888-363-4749, and use access code 4697748 to join the conference.(ss)
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Filing 25
MEMORANDUM IN SUPPORT of #22 Motion for a Temporary Restraining Order and Preliminary Injunction by Plaintiffs New Penn Motor Express LLC, USF Holland LLC, USF Reddaway Inc., YRC Inc., Yellow Corporation. (Attachments: #1 Exhibit A --Declaration of Darrel Harris With Attachments, #2 Exhibit B -- Declaration of Daniel Olivier, #3 Exhibit C -- Declaration of Bryan Reifsnyder)(Johnson, Daniel)
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Filing 24
NOTICE of Attorney's Certification of Notification by New Penn Motor Express LLC, USF Holland LLC, USF Reddaway Inc., YRC Inc., Yellow Corporation re #22 MOTION for Temporary Restraining Order Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Johnson, Daniel)
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Filing 23
NOTICE of Information Sheet for Temporary Restraining Order by New Penn Motor Express LLC, USF Holland LLC, USF Reddaway Inc., YRC Inc., Yellow Corporation re #22 MOTION for Temporary Restraining Order Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Johnson, Daniel)
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Filing 22
MOTION for a Temporary Restraining Order and Preliminary Injunction by Plaintiffs New Penn Motor Express LLC, USF Holland LLC, USF Reddaway Inc., YRC Inc., Yellow Corporation. (Johnson, Daniel)
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Filing 21
FIRST AMENDED VERIFIED COMPLAINT against International Brotherhood of Teamsters, Teamsters Local No. 41, Teamsters Local No. 696, Teamsters Local No. 795, Teamsters National Freight Industry Negotiating Committee, filed by USF Holland LLC, YRC Inc., New Penn Motor Express LLC, Yellow Corporation, USF Reddaway Inc. (Johnson, Daniel)
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Filing 20
SUMMONS RETURNED EXECUTED -- Personal Service by USF Holland LLC, YRC Inc., New Penn Motor Express LLC, Yellow Corporation, USF Reddaway Inc. upon Teamsters Local No. 41 served on 7/11/2023, answer due 8/1/2023 (Johnson, Daniel)
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Filing 19
ORDER granting #17 Motion for Leave to File Excess Pages. Defendants are granted leave to exceed the page limitation in D. Kan. Rule 7.1(d) (3) by five pages for the briefs in support of their two forthcoming motions to dismiss. Signed by District Judge Julie A. Robinson on 7/18/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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Filing 18
CLERKS ORDER EXTENDING TIME until 08/01/2023 for Defendants Teamsters Local No. 41, Teamsters Local No. 696, Teamsters Local No. 795, Teamsters National Freight Industry Negotiating Committee to answer or otherwise plead. Signed by deputy clerk on 07/17/2023. (nao)
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Filing 17
MOTION for Leave to File Excess Pages by Defendants International Brotherhood of Teamsters, Teamsters Local No. 41, Teamsters Local No. 696, Teamsters Local No. 795, Teamsters National Freight Industry Negotiating Committee. (Amash, Michael)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #17 MOTION for Leave to File Excess Pages . The motion will be resolved by the District Judge.(ht)
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Filing 16
ENTRY OF APPEARANCE by Nathan A. Kakazu on behalf of All Defendants (Kakazu, Nathan)
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Filing 15
ENTRY OF APPEARANCE by Michael E. Amash on behalf of All Defendants (Amash, Michael)
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Filing 14
SUMMONS RETURNED EXECUTED -- Personal Service by USF Holland LLC, YRC Inc., New Penn Motor Express LLC, Yellow Corporation, USF Reddaway Inc. upon Teamsters National Freight Industry Negotiating Committee served on 6/30/2023, answer due 7/21/2023 (Johnson, Daniel)
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Filing 13
SUMMONS RETURNED EXECUTED -- Personal Service by USF Holland LLC, YRC Inc., New Penn Motor Express LLC, Yellow Corporation, USF Reddaway Inc. upon Teamsters Local No. 795 served on 7/8/2023, answer due 7/31/2023 (Johnson, Daniel)
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Filing 12
SUMMONS RETURNED EXECUTED -- Personal Service by USF Holland LLC, YRC Inc., New Penn Motor Express LLC, Yellow Corporation, USF Reddaway Inc. upon Teamsters Local No. 696 served on 6/30/2023, answer due 7/21/2023 (Johnson, Daniel)
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Filing 11
SUMMONS RETURNED EXECUTED -- Personal Service by USF Holland LLC, YRC Inc., New Penn Motor Express LLC, Yellow Corporation, USF Reddaway Inc. upon International Brotherhood of Teamsters served on 6/30/2023, answer due 7/21/2023 (Johnson, Daniel)
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Filing 10
ORDER granting #7 Motion to Appear Pro Hac Vice of Ronald R. Rossi for New Penn Motor Express LLC,Ronald R. Rossi for USF Holland LLC,Ronald R. Rossi for USF Reddaway Inc.,Ronald R. Rossi for YRC Inc.,Ronald R. Rossi for Yellow Corporation pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 6/28/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 9
ORDER granting #6 Motion to Appear Pro Hac Vice of Marc E. Kasowitz for New Penn Motor Express LLC,Marc E. Kasowitz for USF Holland LLC,Marc E. Kasowitz for USF Reddaway Inc.,Marc E. Kasowitz for YRC Inc.,Marc E. Kasowitz for Yellow Corporation pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 6/28/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 8
ORDER granting #5 Motion to Appear Pro Hac Vice of Maria Gorecki for New Penn Motor Express LLC,Maria Gorecki for USF Holland LLC,Maria Gorecki for USF Reddaway Inc.,Maria Gorecki for YRC Inc.,Maria Gorecki for Yellow Corporation pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 6/28/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 7
MOTION for attorney Ronald R. Rossi to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6093037.) by Plaintiffs New Penn Motor Express LLC, USF Holland LLC, USF Reddaway Inc., YRC Inc., Yellow Corporation. (Attachments: #1 Affidavit Declaration of Ronald R. Rossi, #2 ECF Registration Form)(Johnson, Daniel) (Additional attachments added on 6/27/2023: #3 Corrected Motion, #4 Corrected Declaration, #5 Corrected ECF Registration Form) (Original attachments were for the wrong attorney.) (mam)
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Filing 6
MOTION for attorney Marc E. Kasowitz to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6093036.) by Plaintiffs New Penn Motor Express LLC, USF Holland LLC, USF Reddaway Inc., YRC Inc., Yellow Corporation. (Attachments: #1 Declaration of Marc Kasowitz, #2 ECF Registration Form)(Johnson, Daniel)
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Filing 5
MOTION for attorney Marie Gorecki to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6093035.) by Plaintiffs New Penn Motor Express LLC, USF Holland LLC, USF Reddaway Inc., YRC Inc., Yellow Corporation. (Attachments: #1 Declaration of Maria Gorecki, #2 ECF Registration Form)(Johnson, Daniel)
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Filing 4
CORPORATE DISCLOSURE STATEMENT by Yellow Corporation, YRC Inc., USF Holland LLC, New Penn Motor Express LLC, USF Reddaway Inc. (Johnson, Daniel)
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Filing 3
DESIGNATION OF PLACE OF TRIAL filed by Plaintiffs Yellow Corporation, YRC Inc., USF Holland LLC, New Penn Motor Express LLC, USF Reddaway Inc. - trial to be held in Wichita. (Johnson, Daniel)
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Filing 2
CIVIL COVER SHEET by Plaintiffs Yellow Corporation, YRC Inc., USF Holland LLC, New Penn Motor Express LLC, USF Reddaway Inc. (Johnson, Daniel)
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Filing 1
COMPLAINT with trial location of Wichita (Filing fee $402, Internet Payment Receipt Number AKSDC-6093030.), filed by Yellow Corporation, YRC Inc., USF Holland LLC, New Penn Motor Express LLC, USF Reddaway Inc. (Johnson, Daniel)
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SUMMONS ISSUED as to International Brotherhood of Teamsters, Teamsters Local No. 41, Teamsters Local No. 696, Teamsters Local No. 795, Teamsters National Freight Industry Negotiating Committee (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) (jk)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Julie A. Robinson 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 (mam)
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