Union Pacific Railroad Company v. Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters
| Union Pacific Railroad Company |
| Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters |
| 8:2020cv00516 |
| December 20, 2020 |
| US District Court for the District of Nebraska |
| Brian C Buescher |
| Michael D Nelson |
| Labor: Railway Labor Act |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 46 SUMMONS Returned Executed upon defendant Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters on 1/25/2021. (Clark, Jacquelyn) |
| Filing 45 EXHIBIT LIST from hearing held on 1/5/2021 regarding Motion for Preliminary Injunction #6 .(KLR) |
| Filing 44 AMENDED WITNESS LIST from hearing held on 1/5/2021 regarding Plaintiff's Motion for Preliminary Injunction #6 . (KLR) |
| Filing 43 Summons Issued as to defendant Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LRM) |
| Filing 42 Summons Requested as to Brotherhood of Maintenance of Way Employes Division of International Brotherhood of Teamsters regarding Complaint,,, #1 . (Clark, Jacquelyn) |
| Filing 41 NOTICE of Compliance With Preliminary Injunction by Attorney Robert E. O'Connor, Jr. on behalf of Defendant Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters (O'Connor, Robert) |
| Filing 40 TRANSCRIPT (UNREDACTED) of Proceedings before District Judge Brian C. Buescher held on January 5, 2021. Total Number of Billable Pages: 205. Total Number of Pages: 205. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Rogene S. Schroder at (402) 661-7383 or roschrod79@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 7 calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Redaction Request due 1/29/2021. Redacted Transcript Deadline set for 2/8/2021. Release of Transcript Restriction set for 4/8/2021. (RSS) |
Filing 39
PRELIMINARY INJUNCTION. Ordered by Judge Brian C. Buescher. (LAC)
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| Filing 38 WITNESS LIST from hearing held on 1/5/2021 regarding Plaintiff's Motion for Preliminary Injunction #6 . (KLR) Modified on 1/6/2021 to correct text (KLR). |
| Filing 37 TEXT MINUTE ENTRY for proceedings held before Judge Brian C. Buescher on 1/5/21 regarding Plaintiff's MOTION for Preliminary Injunction #6 . Hearing held via Zoom and in person. Evidence by Plaintiff and Defendant. Oral argument by the parties. The Court will take the matter under advisement. Courtroom Deputy: Kathy Rose; Court Reporter: Rogene Schroder; Appearance for Plaintiff: Robert S. Hawkins, Andrew J. Rolfes, and Torriano N. Garland, and Jacquelyn V. Clark; Appearance for Defendant: Richard S. Edelman and Aaron Edelman via video conference; Time Start: 9:00 AM; Time Stop:3:37 PM; Time in Court: 5 hours 27 minutes. (KLR) Modified on 1/6/2021 to correct text (KLR). |
| Filing 36 BRIEF in support of Brief #7 Supplemental Brief in support of Motion for Preliminary Injunction by Attorney Jacquelyn V. Clark on behalf of Plaintiff Union Pacific Railroad Company. (Attachments: #1 Exhibit BMWED v. NS Order)(Clark, Jacquelyn) |
| Filing 35 PROPOSED EXHIBIT LIST Preliminary Injunction Hearing by Attorney Jacquelyn V. Clark on behalf of Plaintiff Union Pacific Railroad Company. (Attachments: #1 Exhibit Dr. Gillis CV, #2 Exhibit UP COVID 19 Webpage, #3 Exhibit UP COVID Training and Attestation, #4 Exhibit Medical Summary, #5 Exhibit Quarantine Pay Policy)(Clark, Jacquelyn) |
| Filing 34 INDEX in opposition to Motion for Preliminary Injunction by Attorney Robert E. O'Connor, Jr. on behalf of Defendant Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters. (Attachments: #1 Exhibit Exhibit 2 - Declaration of Joseph Nantista w/Exhibits A-B, #2 Exhibit Exhibit 3 - Email Exchange - Cardwell - Doerr)(O'Connor, Robert) |
| Filing 33 BRIEF in opposition to Motion for Preliminary Injunction by Attorney Robert E. O'Connor, Jr. on behalf of Defendant Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters.(O'Connor, Robert) |
| Filing 32 PROPOSED WITNESS LIST For Preliminary Injunction Hearing by Attorney Jacquelyn V. Clark on behalf of Plaintiff Union Pacific Railroad Company. (Clark, Jacquelyn) |
| Filing 31 PROPOSED WITNESS LIST For Preliminary Injunction Hearing by Attorney Robert E. O'Connor, Jr. on behalf of Defendant Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters. (O'Connor, Robert) |
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Filing 30
RESTRICTED HEARING INSTRUCTIONS AND ORDER regarding Plaintiff's Motion for Preliminary Injunction #6 . ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Judge Brian C. Buescher. (KLR)Ordered by Judge Brian C. Buescher. (KLR)
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| Filing 29 TRANSCRIPT (UNREDACTED) of Proceedings before District Judge Brian C. Buescher held on December 23, 2020. Total Number of Billable Pages: 60. Pages: 1-60. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Susan M. DeVetter at (402) 661-7309 or suedevetter@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 7 calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Redaction Request due 1/19/2021. Redacted Transcript Deadline set for 1/29/2021. Release of Transcript Restriction set for 3/29/2021. (SMD) |
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Filing 28
ORDER - This matter is set for a hearing on Plaintiff's Motion for Preliminary Injunction (Filing #6 ) at 9:00 a.m. on January 5, 2021. See Filing 24 at 23. Counsel for Defendant may appear via videoconference pursuant to counsel's request. All other parties and all witnesses shall appear in person unless leave is granted to appear via videoconference. The parties are directed to file witness lists no later than 12:00 p.m. on December 31, 2020, and any exhibits the parties wish to offer into evidence no later than 10:00 a.m. on January 4, 2021. Any exhibit previously filed need not be filed again. Any additional briefing addressing the evidence and legal issues pertaining to a preliminary injunction must be filed no later than 10:00 a.m. on January 4, 2021. Each party is limited to one ten-page brief, which shall be double-spaced, with one-inch margins on all four sides and 12-point font. Ordered by Judge Brian C. Buescher. (LAC)
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| Filing 27 NOTICE of Compliance with Temporary Restraining Order by Attorney Robert E. O'Connor, Jr. on behalf of Defendant Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters (O'Connor, Robert) |
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Filing 26
TEXT ORDER regarding Order on Motion for TRO #24 . The Order granting Motion for Temporary Restraining Order (Filing 24) is amended and corrected to being effective from the date entered until January 8, 2021, notwithstanding the timing limitations of 29 U.S. C. 107(e). In accordance with the parties' stipulation, this Temporary Restraining order will expire on January 8, 2021 at 11:59 PM, unless otherwise ordered by Judge Brian C. Buescher. The bond already placed on file fulfills the bond requirements under law. All other provisions of Filing 24 shall remain in full force and effect. Ordered by Judge Brian C. Buescher. (KOR) Modified on 12/31/2020 (KLR).
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| Filing 25 SURETY BOND in the amount of $ $1,000.00 posted by Plaintiff Union Pacific Railroad Company (DKM) |
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Filing 24
ORDER granting #6 Motion for TRO - IT IS ORDERED:1.Plaintiffs Motion for Temporary Restraining Order (Filing 6) is granted as follows:2.Defendant and its officers, members, agents, successors, deputies, servants, and employees, and all persons acting by, with, through or under Defendant or by and through Defendants orders, directions or requests, and all others acting in concert or participation with Defendant are enjoined and restrained from, in any manner or by any means a.directing, calling, causing, approving, authorizing, instigating, conducting, threatening, continuing, encouraging, inducing or engaging in any strike, self-help, sickout, concerted refusal to bid on advertised assignments, absenting themselves from work, slowdown, work stoppage, refusal to work, job action, picketing, or refusal to cross a picket line at or outside of the premises of or against Union Pacific, and any and all acts of any kind whatsoever, in furtherance or support thereof;b.interfering in any manner with any person employed by Union Pacific while that person is performing his or her work and duties for the carrier;c.seeking to resolve their major dispute with Union Pacific by any means (including picketing, patrolling or economic pressure of any kind against Union Pacific or any of its corporate affiliates or any person doing business with them, or any of them) other than by pursuing the collective bargaining and mediation procedures contained in the Railway Labor Act;d.otherwise interfering with the normal business operations of Union Pacific.3.Defendants are directed to notify all officers and employees under their jurisdiction of this Temporary Restraining Order; take all steps within their power to halt any strike, self-help, sickout, concerted refusal to bid on advertised assignments, slowdown, work stoppage, refusal to work, job action, picketing, and refusal to cross a picket line and to prevent such actions from occurring or continuing if commenced against Union Pacific; and take all steps necessary to encourage and ensure compliance with the terms of this Order;4.Pursuant to 29 U.S.C. 107(e), NECivR 65.1.1, and the provisions of this Order, the Court requires Plaintiff, Union Pacific Railroad Company, to post a bond with the Clerk of the Court in the amount of $1,000 on or before December 26, 2020;5.The hearing on Plaintiffs Motion for Preliminary Injunction will take place on January 5, 2021, at 9:00 AM before the undersigned judge in Courtroom No. 5, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska 68102; and6.At the hearing on the Motion for Temporary Restraining Order, the parties stipulated on the record that any temporary restraining order entered will be effective from the date entered until January 8, 2020, notwithstanding the timing limitations of 29 U.S.C. 107(e). In accordance with the parties stipulation, this Temporary Restraining Order will expire on January 8, 2020 at 11:59 PM, unless otherwise ordered by the Court. Ordered by Judge Brian C. Buescher. (KOR)
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| Filing 23 TEXT MINUTE ENTRY for proceedings held on 12/23/20 regarding Plaintiff's MOTION for Temporary Restraining Order #6 . Oral argument by the parties. The Court will take the matter under advisement and issue a written order. Courtroom Deputy: Kathy Rose; Court Reporter: Sue DeVetter; Appearance for Plaintiffs: Robert S. Hawkins, Andrew J. Rolfes, and Torriano N. Garland via video conference; Appearance for Defendant: Richard S. Edelman via video conference. Time Start: 9:24 AM; Time Stop: 10:52 AM; Time in Court: 1 hour 28 minutes. Modified on 12/31/2020 to correct text (KLR). |
| Filing 22 INDEX in support of MOTION for Temporary Restraining Order #6 Supplemental Index of Evidence by Attorney Jacquelyn V. Clark on behalf of Plaintiff Union Pacific Railroad Company. (Attachments: #1 Affidavit Declaration of Brant Handquist, #2 Exhibit Handquist Exhibit A UP Section 6 Notice, #3 Exhibit Handquist Exhibit B A&S Section 6 Notice, #4 Exhibit Handquist Exhibit C CCTC Section 6 Notice, #5 Affidavit Declaration of Nate McLaughlin, #6 Affidavit Declaration of Russell Rohlfs, #7 Affidavit Declaration of Dr. Laura Gillis, #8 Exhibit Gillis Exhibit A Face Coverings Information, #9 Exhibit Gillis Exhibit B Current Mask Policy, #10 Exhibit Gillis Exhibit C Social Distancing Policy, #11 Exhibit Gillis Exhibit D Cleaning Protocols, #12 Exhibit Gillis Exhibit E COVID Resources, #13 Exhibit Gillis Exhibit F Information Update, #14 Exhibit Gillis Exhibit G Notification Process)(Clark, Jacquelyn) |
| Filing 20 MOTION for Leave to Participate in Briefing as Amicus Curiae in Support of Plaintiff by Attorney Christopher R. Hedican on behalf of Plaintiff Union Pacific Railroad Company. (Attachments: #1 Supplement)(Hedican, Christopher) |
| Filing 19 INDEX in opposition to MOTION for Temporary Restraining Order #6 by Attorney Robert E. O'Connor, Jr. on behalf of Defendant Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters. (Attachments: #1 Exhibit Declaration of Tony Cardwell, #2 Exhibit Exhibits A-I to Decl. of Tony Cardwell)(O'Connor, Robert) |
| Filing 18 BRIEF in opposition to MOTION for Temporary Restraining Order #6 by Attorney Robert E. O'Connor, Jr. on behalf of Defendant Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters.(O'Connor, Robert) |
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Filing 17
RESTRICTED HEARING INSTRUCTIONS AND ORDER. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Judge Brian C. Buescher. (KLR)
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Filing 16
AMENDED TEXT NOTICE Setting Hearing on MOTION for Temporary Restraining Order #6 . Motion Hearing is set for 12/23/2020 at 09:00 AM via Internet/Telephonic Conferencing before Judge Brian C. Buescher. Counsel for Defendant has contacted the Court and requested that the hearing scheduled by Filing 12 take place via videoconference due to the COVID 19 pandemic. The Court grants this request. All parties shall appear via videoconference. The Parties are directed to file any evidence or briefing they intend to offer in support or opposition of Plaintiff's Motion no later than 7:30 AM, December 23, 2020. Plaintiff is to notify opposing party of this order. Ordered by Judge Brian C. Buescher. (KLR)
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| Filing 15 TEXT ORDER granting Motion for Admission Pro Hac Vice #10 for attorney Robert S. Hawkins. Ordered by Deputy Clerk. (JLS) |
| Filing 14 TEXT ORDER granting Motion for Admission Pro Hac Vice #9 for attorney Andrew J. Rolfes. Ordered by Deputy Clerk. (JLS) |
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Filing 21
TEXT ORDER granting #20 Motion for Leave to Participate in Briefing as Amicus Curiae in Support of Plaintiff. Ordered by Judge Brian C. Buescher. (KLR) (Entered: 12/22/2020)
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| Filing 13 NOTICE of Appearance by Attorney Torriano N. Garland on behalf of Plaintiff Union Pacific Railroad Company (Garland, Torriano) |
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Filing 12
TEXT ORDER Setting Hearing on MOTION for Temporary Restraining Order #6 . Motion Hearing is set for 12/23/2020 at 09:00 AM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Brian C. Buescher. The Parties are directed to file any evidence or briefing they intend to offer in support or opposition of Plaintiff's Motion no later than 7:30 AM, December 23, 2020. Plaintiff is to notify opposing party of this order. Ordered by Judge Brian C. Buescher. (KLR)
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Filing 11
REASSIGNMENT ORDER - that this case is reassigned to District Judge Brian C. Buescher for disposition and remains assigned to Magistrate Judge Michael D. Nelson for judicial supervision. Ordered by Chief Judge John M. Gerrard. (LKO)
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| Filing 10 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4303463 by Attorney Robert S. Hawkins on behalf of Plaintiff Union Pacific Railroad Company.(Hawkins, Robert) |
| Filing 9 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4303302 by Attorney Andrew J. Rolfes on behalf of Plaintiff Union Pacific Railroad Company.(Rolfes, Andrew) |
| Filing 8 INDEX in support of MOTION for Temporary Restraining Order #6 Index of Evidence in Support of Motion and Memorandum of Law by Attorney Jacquelyn V. Clark on behalf of Plaintiff Union Pacific Railroad Company. (Attachments: #1 Affidavit Declaration of Carrie Powers)(Clark, Jacquelyn) |
| Filing 7 BRIEF in support of MOTION for Temporary Restraining Order #6 by Attorney Jacquelyn V. Clark on behalf of Plaintiff Union Pacific Railroad Company.(Clark, Jacquelyn) |
| Filing 6 MOTION for Temporary Restraining Order by Attorney Jacquelyn V. Clark on behalf of Plaintiff Union Pacific Railroad Company.(Clark, Jacquelyn) |
| Filing 5 ATTORNEY LETTER by Clerk that Attorney Andrew J. Rolfes has not registered for admittance to practice. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LRM) |
| Filing 4 ATTORNEY LETTER by Clerk that Attorney Robert S. Hawkins has not registered for admittance to practice. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (LRM) |
| Filing 3 TEXT NOTICE OF JUDGE ASSIGNED: Magistrate Judge Michael D. Nelson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Union Pacific Corporation, Corporate Parent Union Pacific Corporation for Union Pacific Railroad Company. by Attorney Jacquelyn V. Clark on behalf of Plaintiffs Union Pacific Railroad Company, Union Pacific Corporation, Union Pacific Corporation.(Clark, Jacquelyn) |
| Filing 1 COMPLAINT with jury demand Verified Complaint for Declaratory and Injunctive Relief against Brotherhood of Maintenance of Way Employes Division/IBT ( Filing fee $ 402, receipt number ANEDC-4302916), by Attorney Jacquelyn V. Clark on behalf of Union Pacific Railroad Company (Attachments: #1 Exhibit Letter dated March 11, 2020, #2 Exhibit Letter dated March 13, 2020, #3 Exhibit Letter dated March 19, 2020, #4 Exhibit Letter dated March 30, 2020, #5 Exhibit Petition for Emergency Order, #6 Exhibit DOT FRA Letter dated April 10, 2020, #7 Exhibit Letter dated July 2, 2020, #8 Exhibit Letter dated July 14, 2020, #9 Exhibit Letter dated July 21, 2020, #10 Exhibit Letter dated Sept 24, 2020, #11 Exhibit Letter dated October 6, 2020, #12 Exhibit Letter dated December 17, 2020)(Clark, Jacquelyn) |
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| Defendant: Brotherhood of Maintenance of Way Employes Division of the International Brotherhood of Teamsters | |
| Represented By: | Aaron S. Edelman |
| Represented By: | Richard S. Edelman |
| Represented By: | Robert E. O'Connor, Jr. |
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| Plaintiff: Union Pacific Railroad Company | |
| Represented By: | Andrew J. Rolfes |
| Represented By: | Jacquelyn V. Clark |
| Represented By: | Torriano N. Garland |
| Represented By: | Robert S. Hawkins |
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