BNSF Railway Company v. Esau et al
Plaintiff: BNSF Railway Company
Defendant: Laurie Esau, Montana Department of Labor and Industry and John Elizandro
Case Number: 6:2023cv00043
Filed: June 26, 2023
Court: US District Court for the District of Montana
Presiding Judge: Sam E Haddon
Referring Judge: Brian Morris
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 18, 2023 Opinion or Order Filing 18 ORDER REASSIGNING CASE. Case reassigned to Judge Brian Morris for all further proceedings. Judge Sam E Haddon no longer assigned to case. Signed by Judge Brian Morris on 8/18/2023. (ACC)
August 16, 2023 Opinion or Order Filing 17 ORDER OF RECUSAL. BMM Chambers notified via ad hoc. Signed by Judge Sam E Haddon on 8/16/2023. (HEG) (Main Document 17 replaced on 8/16/2023) (HEG).
August 16, 2023 Administrative Correction: re #17 Order of Recusal. Order attached during initial filing was incorrect and has been replaced and the NEF regenerated to all parties. (HEG)
August 10, 2023 Filing 16 RESPONSE to Motion re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM BNSF's Response to Montana Department of Labor and Industry's Motion to Dismiss Complaint filed by BNSF Railway Company. (Rechtfertig, Benjamin)
August 8, 2023 Terminate Deadlines. Answer Ddl termed. (HEG)
July 27, 2023 Filing 15 Brief/Memorandum in Support re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Montana Department of Labor and Industry. (Simon, Lindsey)
July 27, 2023 Filing 14 Defendant Elizandro's ANSWER to #1 Complaint,, by Laurie Esau. (Simon, Lindsey)
July 27, 2023 Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Lindsey R. Simon appearing for Defendant Montana Department of Labor and Industry. (Simon, Lindsey)
July 13, 2023 Filing 12 AFFIDAVIT of Service for Summons, Complaint, Notice of Constitutional Action. Served on Legal Assistant to Laurie Esau on 07/07/2023, filed by BNSF Railway Company. Laurie Esau answer due date 7/28/2023. (Friend, Michelle)
July 13, 2023 Filing 11 AFFIDAVIT of Service for Summons, Complaint, Notice of Constitutional Action. Served on Laurie Esau c/o Office of the Attorney General on 07/06/2023, filed by BNSF Railway Company. (Friend, Michelle)
July 13, 2023 Filing 10 AFFIDAVIT of Service for Summons, Complaint, Notice of Constitutional Action. Served on Office of the Attorney General on 07/06/2023, filed by BNSF Railway Company. Laurie Esau answer due date 7/27/2023. (Friend, Michelle)
July 13, 2023 Filing 9 AFFIDAVIT of Service for Summons, Complaint, Notice of Constitutional Action. Served on Montana Department of Labor and Industry on 07/06/2023, filed by BNSF Railway Company. Montana Department of Labor and Industry answer due date 7/27/2023. (Friend, Michelle)
June 28, 2023 Filing 8 Summons Issued as to All Defendants. Issued summons may be downloaded and printed by counsel for service. (Attachments: #1 Summons-Esau Commissioner of the Department of Labor and Industry, #2 Summons-Department of Labor- Attorney General, #3 Summons-Department of Labor Walt Sulivan Building) (HEG)
June 27, 2023 Filing 7 Submission of Proposed Summons as to BNSF Railway Company, re #1 Complaint,, (Friend, Michelle)
June 27, 2023 Filing 6 Submission of Proposed Summons as to BNSF Railway Company, re #1 Complaint,, (Friend, Michelle)
June 27, 2023 Filing 5 Submission of Proposed Summons as to BNSF Railway Company, re #1 Complaint,, (Friend, Michelle)
June 27, 2023 Filing 4 Submission of Proposed Summons as to BNSF Railway Company, re #1 Complaint,, (Friend, Michelle)
June 27, 2023 Filing 3 Disclosure Statement by BNSF Railway Company. (Friend, Michelle)
June 27, 2023 Filing 2 NOTICE by BNSF Railway Company re #1 Complaint,, Notice of Constitutional Question (Friend, Michelle)
June 26, 2023 Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF against All Defendants, filed by BNSF Railway Company. (Attachments: #1 Ex 1 Missouri v. Biden, #2 Ex 2 Email Notifications, #3 Ex 3 Important Dates, #4 Ex 4 Judge temp blocks enforcement vaccine mandate, #5 Ex 5 Coronavirus FAQ, #6 Ex 6 Complaints, #7 Ex 7 Complaint-Hobbs, #8 Ex 8 Complaint-Linton, #9 Ex 9 Final Invest Report-Hobbs, #10 Ex 10 Final invest Report-Linton, #11 Ex 11 Orders, #12 Ex 12 Orders, #13 Ex 13 McKenzie Order, #14 Ex 14 HRC Remand Order, #15 Ex 15 Order on Respondent's MSJ-Hobbs, #16 Ex 16 Order on Respondent's MSJ-Linton, #17 Civil Cover Sheet) (HEG)
June 26, 2023 Filing fee RECEIVED: $ 402, receipt number BMTDC-3090210 (HEG)

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Plaintiff: BNSF Railway Company
Represented By: Benjamin O. Rechtfertig
Represented By: Michelle T. Friend
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Defendant: Laurie Esau
Represented By: Lindsey R. Simon
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Defendant: Montana Department of Labor and Industry
Represented By: Lindsey R. Simon
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Defendant: John Elizandro
Represented By: Lindsey R. Simon
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