CSX Transportation, Inc. et al v. United Transportation Union et al
| CSX Transportation, Inc. and Consolidated Rail Corporation |
| United Transportation Union, General Committee of Adjustment GO-081. UTU, General Committee of Adjustment GO-663, UTU, General Committee of Adjustment GO-619, UTU and General Committee of Adjustment GO-769, UTU |
| 1:2002cv02394 |
| December 6, 2002 |
| US District Court for the Northern District of Ohio |
| Kathleen M O'Malley |
| Labor: Railway Labor Act |
| 45 U.S.C. § 151 Railway Labor Act |
| None |
Docket Report
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Filing 40
Judgment that pursuant to #39 USCA Mandate, this case is reinstated and again dismissed, and the parties are hereby ordered, if at all, to bring their dispute before the arbitration panel established by the Railway Labor Act.. Signed by Judge Kathleen M. O'Malley on 3/9/05. (S, DJ) Modified text of docket entry on 3/14/2005 (B, B).
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| Filing 39 Mandate from the USCA for the Sixth Circuit reversing decision of district court and remanding for declaratory judgment (related doc #35 ). (USCA # 03-4345). No costs. Date issued by USCA 2/14/05. (C, K A) |
| Filing 38 Information copy of order from the USCA for the Sixth Circuit: Reversing the decision of the District Court and remanding this case for the District Court to issue a declaratory judgment that the moratorium dispute is a minor dispute subject to binding arbitration as to #35 Notice of Appeal (USCA# 03-4345). This is not a mandate order. Circuit Judges: Keith, Clay and Cook. Date issued by USCA 1/19/05 (Attachments: #1 Judgment) (H, S P) |
| Filing 37 Transcript Request by CSX Transportation, Inc. and Consolidated Rail Corporation for proceedings held on 7/2/03 before Judge O'Malley re #35 Notice of Appeal. Court reporter: Heidi Geizer. (H, S P) |
| Filing 36 Acknowledgment from the USCA for Sixth Circuit of receipt of #35 Notice of Appeal (USCA# 03-4345). Date filed 10/16/03. (H, S P) |
| Filing 35 NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the #27 Memorandum and Order of 8/28/03, #28 Order of Dismissal of 8/28/03 and from the #34 Order of 10/6/03, filed by plaintiffs CSX Transportation, Inc. and Consolidated Rail Corporation. Filing fee $105.00, receipt number #405896. (H, S P) |
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Filing 34
Order denying Motion for reconsideration of the court's August 28, 2003 Order and Judgment Entry (Related Doc #30 ). Signed by Judge Kathleen M. O'Malley on 10/6/03.(E, P)
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| Filing 33 Reply (Related Motion(s) #30 ) to Defendants' Opposition to Motion for Reconsideration filed by all plaintiffs. (Lewis, John) |
| Filing 32 Opposition (Related Motion(s) #30 ) to Motion for Reconsideration filed by all defendants. (Miller, III, Clinton) Modified on 10/2/2003 (H, D). |
| Filing 31 Errata filed by all plaintiffs. (Attachments: #1 Exhibit UTU Section 6)(Lewis, John) |
| Filing 30 Motion for reconsideration filed by CSX Transportation, Inc.. (Attachments: #1 Brief in Support Plaintiff's Memorandum In Support of Motion For Reconsideration#2 Exhibit Declaration of A. Kenneth Gradia#3 Exhibit NRLC Section 6#4 Exhibit UTU Section 6)(Lewis, John) |
| Filing 29 Non-Appeal Transcript Order Form for proceedings dated 7/2/2003, requested by David S. Winston nunc pro tunc to 8/29/2003 filed by all plaintiffs. (B, B) |
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Filing 28
Order; for the reasons set forth in this Court's memorandum and order of this date, the Court grants defendants' motion for summary judgment and denies plaintiffs' motion for summary judgment; further, this case is dismissed. Signed by Judge Kathleen M. O'Malley on 8/28/03. (R, N)
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Filing 27
Memorandum and Order; for the reasons stated in this order, the Court finds that the Carriers' argument that the moratorium provision in the August 20, 2002 national agreement bars further progression of the Unions' March 25 and 27, 2002 Section 6 Notices to be frivolous and obviously insubstantial; the Court classifies the dispute over these Section 6 Notices a major dispute, amenable to the standard mechanisms for resolving major disputes set forth in the RLA, therefore the Court grants defendants' motion for summary judgment (Related document #16 ) and denies plaintiffs' motion for summary judgment (Related document #18 ). Further, this case is dismissed. Signed by Judge Kathleen M. O'Malley on 8/28/03. (R, N)
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| Filing 26 Amendment to Errata filed by all defendants. (Related document(s) #17 ) (Miller, III, Clinton) |
| Filing 25 Minutes of proceedings before Judge Kathleen M. O'Malley. Oral argument held 7/2/2003. Court reporter: Heidi Geizer. (H, C) |
| Filing 24 Opposition (Related Motion #16 ) to defendants' Motion for Summary Judgment filed by all plaintiffs. (Attachments: #1 Affidavit Second Affidavit of A. Kenneth Gradia)(Lewis, John) |
| Filing 23 Opposition (Related Motion #18 )to plaintiffs' Motion for Summary Judgment filed by all defendants. (Miller, III, Clinton) Modified text on 5/9/2003 (M, J A). |
| Filing 22 Notice of Hearing. Oral argument RESET to be held on 7/2/2003 at 10:00 AM at Courtroom 16A (H, C) |
| Filing 21 Exhibit(s) and addenda for plaintiffs' memorandum in support of motion for summary judgment (Complete document is onfile in the Clerk's Office) (237 pages) filed by CSX Transportation, Inc., Consolidated Rail Corporation. (Related document(s) #18 ) (B, B) |
| Filing 20 Notice of manual filing of exhibits filed by CSX Transportation, Inc., Consolidated Rail Corporation. (B, B) |
| Filing 19 Affidavit/Declaration of Kenneth Gradia filed by all plaintiffs. (Attachments: #1 Exhibit Exh 1: 3/25/02 Sect.6 Notice#2 Exhibit Exh.2 : 3/27/02 Sect.6 Notice#3 Exhibit Exh.3 : 4/2/02 Ltr#4 Exhibit Exh.4 : Agreement#5 Exhibit Exh.5 : 9/6/02 Ltr.)(Related document(s) #18 ) (Piatak, Thomas) |
| Filing 18 Motion for summary judgment filed by all plaintiffs. (Attachments: #1 Brief in Support of Plaintiffs' Motion for Summary Judgment)(Piatak, Thomas) |
| Filing 17 Memorandum in support of motion for summary judgment filed by all defendants. (Attachments: #1 Index #2 Exhibit Weisbarth Declaration#3 Exhibit Maloof Declaration)(Related document(s) #16 ) (Miller, III, Clinton) Modified docket text and termed motion date on 4/18/2003 (R, N). |
| Filing 16 Motion for summary judgment filed by all defendants. (Miller, III, Clinton) |
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Order (non-document) signed on 3/5/2003 Granting plaintiffs' Motion for attorneys Ronald M. Johnson and Jonathan M. Krell to appear pro hac vice (Related Doc #14 ). Kathleen M. O'Malley (H, C)
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| Filing 15 Case Management Plan. CMC held 3/3/2003. Case assigned to standard track. Case is ORDERED into ECF. Case is not suitable for ADR. Parties do not consent to jurisdiction of Magistrate Judge. Parties to be Joined and Pleading Amendments due by 3/15/2003, Dispositive Motions due by 4/17/2003, with oppositions due by 5/8/2003. No reply briefs without leave of Court. Oral argument to be held on 5/28/2003 at 10:00 AM at Courtroom 16A. Status reports due every 45 days. Kathleen M. O'Malley(H, C) |
| Filing 14 Motion for appearance pro hac vice of Ronald M. Johnson and Jonathan M. Krell filed by all plaintiffs. (Attachments: #1 Affidavit of Ronald M. Johnson and Jonathan M. Krell under LR 83.5(h))(Winston, David) |
| Filing 13 Joint Report of Parties' Planning Meeting under Local Rule 16.3 filed by all parties. (Piatak, Thomas) |
| Filing 12 Return of Service Executed upon defendant General Committee of Adjustment GO-663, UTU by certified mail on 12/17/2002. (B, B) Modified text of docket entry on 1/16/2003 (B, B). |
| Filing 11 Return of Service Executed upon defendant General Committee of Adjustment GO-081, UTU by certified mail on 12/16/2002. filed by all plaintiffs. (B, B) |
| Filing 10 Return of Service Executed upon defendants General Committee of Adjustment GO-619, UTU and General Committee of Adjustment GO-769, UTU by certified mail on 12/11/2002. filed by all plaintiffs. (B, B) |
| Filing 9 Return of Service Executed upon defendant United Transportation Union ("UTU") by certified mail on 12/10/2002. (B, B) Modified text of docket entry on 1/16/2003 (B, B). |
| Filing 8 Notice of Magistrate Consent forms issued. (R, N) |
| Filing 7 Case Management Conference Scheduling Order; with case management conference to be held on 3/3/2003 at 01:00 PM in Chambers 16A; Judge Kathleen M. O'Malley (Attachments: #1 Position Statement)(R, N) |
| Filing 6 Answer to Complaint (Related Doc #1 ) filed by United Transportation Union. (B, B) |
| Filing 5 Notice of Placement of case in the CM/ECF Docketing System (B, BA) |
| Filing 4 Corporate Disclosure Statement filed by Consolidated Rail Corporation. (B, BA) |
| Filing 3 Corporate Disclosure Statement filed by CSX Transportation, Inc.. (B, BA) |
| Filing 2 Random Assignment of Magistrate Judge Hemann (B, BA) |
| Filing 1 Complaint (5 summons and Magistrate Consent Forms issued) against General Committee of Adjustment GO-081. UTU, General Committee of Adjustment GO-619, UTU, General Committee of Adjustment GO-663, UTU, General Committee of Adjustment GO-769, UTU, United Transportation Union. Filed by CSX Transportation, Inc., Consolidated Rail Corporation. Filing fee paid; receipt number 638675. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Civil Cover Sheet)(B, BA) |
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