United Transportation Union v. CSX Transportation, Inc. et al
| United Transportation Union |
| CSX Transportation, Inc. |
| Brotherhood of Locomotive Engineers and Trainmen |
| 1:2007cv01549 |
| May 25, 2007 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Solomon Oliver |
| Labor: Railway Labor Act |
| 45 U.S.C. § 151 Railway Labor Act |
| None |
Docket Report
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Filing 42
Joint Stipulation & Order of Dismissal of BLET's Counterclaim without prejudice. The dismissal of the Counterclaim will result in the disposition of all remaining claims in this case. Signed by Judge Solomon Oliver, Jr on 8/18/2009. (D,M)
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| Filing 41 Joint Motion to dismiss Rule 19 Counterclaim filed by Counter-Claimant Brotherhood of Locomotive Engineers and Trainmen, Brotherhood of Locomotive Engineers and Trainmen, CSX Transportation, Inc., Defendant/Intervenor CSX Transportation, Inc., Plaintiff United Transportation Union, Counter-Defendant United Transportation Union. (Lewis, John) |
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Order [non-document] granting #40 Joint Motion for Extension of time until 8/17/2009 to file Summary Judgement Motion; Oppositions due by 9/16/09 and Replies due 9/28/09. Approve by Judge Solomon Oliver, Jr on 7/27/2009. (D,M)
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| Filing 40 Joint Motion for extension of the briefing schedule filed by all parties (Lewis, John) Modified text on 7/29/2009 (B,R). |
| Filing 39 Memorandum in Support of Motion for Summary Judgment filed by Counter-Defendant United Transportation Union. Related document(s) #38 . (Attachments: #1 Exhibit 1)(Miller, III, Clinton) Modified text on 7/20/2009 (B,R). |
| Filing 38 Motion for summary judgment Regarding BLET's Counterclaim filed by Counter-Defendant United Transportation Union. (Miller, III, Clinton) |
| Filing 37 Reply to #13 Counterclaim of Rule 19 Defendant Brotherhood of Locomotive Engineers and Trainman, filed by CSX Transportation, Inc. (D,M) |
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Order [non-document] granting Unopposed Motion Instanter of CSX Transportation, Inc., for leave to file answer to counterclaim of Brotherhood of Locomotive Engineers and Trainmen (Related Doc #36 . Approved by Judge Solomon Oliver, Jr on 7/15/2009. (D,M)
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| Filing 36 Unopposed Motion for leave Instanter filed by Defendant/Intervenor CSX Transportation, Inc., Defendant CSX Transportation, Inc.. Related document(s) #13 . (Attachments: #1 Pleading Answer of Defendant CSX Transportation, Inc. To Counterclaim of Rule 19 Defendant Brotherhood of Locomotive Engineers and Trainmen)(Lewis, John) |
| Filing 35 Notice of Withdrawal of Nilufer Loy and Laurence A. Benenson filed by CSX Transportation, Inc.. (Lewis, John) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney M. Carter DeLorme for CSX Transportation, Inc., and attorney R. Scott Medsker for CSX Transportation, Inc. (Related Doc #32 and Doc #33 ). Approved by Judge Solomon Oliver, Jr on 6/15/2009. (D,M)
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Filing 34
Marginal Order scheduling motions to be filed by 7/15/2009, oppositions shall be filed by 8/14/2009 and replies are due by 8/25/2009. Signed by Judge Solomon Oliver, Jr on 6/12/2009. (D,M)
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| Filing 33 Motion for attorney R. Scott Medsker to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003599606, filed by Defendant/Intervenor CSX Transportation, Inc., Defendant CSX Transportation, Inc.. (Attachments: #1 Exhibit A Affidavit)(Lewis, John) |
| Filing 32 Motion for attorney M. Carter DeLorme to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003599574, filed by Defendant/Intervenor CSX Transportation, Inc., Defendant CSX Transportation, Inc.. (Attachments: #1 Exhibit A - Affidavit)(Lewis, John) |
| Filing 31 True copy of order from the USCA for the Sixth Circuit: Granting defendant CXS Transportation, Inc's motion to dismiss the appeal re #26 (USCA# 08-3998). Date issued by USCA 12/15/08 (H,SP) |
| Filing 30 Joint Status Report filed by all parties. (Lewis, John) |
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Order [non-document] granting #29 Defendant CXS Transportation Inc.'s Second Unopposed Motion for Extension of Time (re #29 ) until September 26, 2008, to Advise The Court Whether They Are Able To Resolve the Issued Raised In the Counterclaim. Approved by Judge Solomon Oliver, Jr on 9/18/2008.(D,M)
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| Filing 29 Second Motion for extension of time until September 26, 2008 to To Advise The Court Whether They Are Able To Resolve the Issued Raised In the Counterclaim filed by Defendant/Intervenor CSX Transportation, Inc., Defendant CSX Transportation, Inc.. (Lewis, John) |
| Filing 28 Acknowledgment from the USCA for Sixth Circuit of receipt of #26 Notice of Appeal (USCA# 08-3998). Date filed in USCA 8/15/08. (H, SP) |
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Order [non-document] granting #27 Defendant CSX Transportation, Inc.'s Motion (re #27 ) for extension of time until September 12, 2008 to Advise the Court on Voluntary Resolution of Counterclaim of Brotherhood of Locomotive Engineers and Trainmen. Approved by Judge Solomon Oliver, Jr on 08/08/2008.(D,M)
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| Filing 27 Motion for extension of time until September 12, 2008 to Advise the Court as to resolution of Counterclaim issues. filed by Defendant/Intervenor CSX Transportation, Inc., Defendant CSX Transportation, Inc.. (Attachments: #1 Exhibit Thompson v. The Budd Co.)(Lewis, John) |
| Filing 26 NOTICE OF APPEAL (UNSIGNED) to the 6th Circuit Court of Appeals from the #25 Order of 7/11/08, filed by United Transportation Union. (Filing fee of $455 paid, receipt number 06470000000003135304) (Miller, III, Clinton). Modified text on 8/1/2008 (H, SP). |
| Case referred to private arbitration. Judge Solomon Oliver, Jr on 7/11/2008. (N, P) |
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Filing 25
Order denying Plaintiff's Motion for Preliminary Injunction (Related Doc #4 ). The court finds on the merits, pursuant to Federal Rule of Civil Procedure 65(a)(2), that the dispute in the instant case is minor. Therefore, the parties must submit to arbitration pursuant to the Railway Labor Act, 45 U.S.C. 153 First (i)(m). The court will reserve ruling on the issues related to BLET's counterclaim (ECF #13 ) until August 12, 2008, while the parties attempt to resolve this issue. Signed by Judge Solomon Oliver, Jr on 7/10/2008.(D,M)
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Filing 24
Order/Minutes of Status Conference held on 6/6/2008. Parties agree that none of the circumstances have changed and that there is no need for additional discovery. The court finds it would be appropriate to consolidate the Motion for Preliminary Injunction, and a ruling on the merits shall be forthcoming. Signed by Judge Solomon Oliver, Jr on 6/6/2008. (D,M) Modified text 6/13/2008 (K,K).
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| Pursuant to General Order 2008-06, and in order to facilitate the efficient and timely administration of justice, Magistrate Judge Patricia A. Hemann (who retired effective February 29, 2008) is withdrawn and Magistrate Judge Gregory A. White is assigned. Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge White. (K,K) |
| Filing 23 Second Declaration of Michael G. Male filed by CSX Transportation, Inc.. Related document(s) #10 . (Lewis, John) Modified text on 10/18/2007 (B, R). |
| Filing 22 Corporate Disclosure Statement filed by CSX Transportation, Inc.. (Lewis, John) |
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Filing 21
Case Management Conference Order/minutes of Case Management Conference held on 8/24/2007. Motion #20 to intervene as a party on Counterclaim of Defendant Brotherhood Of Locomotive Engineers And Trainmen is granted. This case is assigned to the standard track. The parties agree that no discovery will be necessary. Signed by Judge Solomon Oliver Jr. on 8/27/2007.(D,M)
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| Filing 20 Motion to intervene as a party In Counterclaim Of Rule 19 Defendant Brotherhood Of Locomotive Engineers And Trainmen filed by CSX Transportation, Inc.. Related document(s) #13 . (Attachments: #1 Brief in Support #2 Exhibit unreported case)(Dawson, Todd) |
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Order [non-document] granting #11 Plaintiff's Unopposed Motion to Extend Time Until 7/26/2007 to File its Reply to Defendants' Opposition to Plaintiff's Motion for a Preliminary Injunction. Approved by Judge Solomon Oliver Jr. on 8/22/2007. (D,M)
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Order [non-document] granting Defendant CSX Transportation's Motion to excuse appearance of party representative (Related Doc #18 ). Approved by Judge Solomon Oliver Jr. on 8/22/2007.(D,M)
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| Filing 19 Report of Parties' Planning Meeting. Parties do not consent to this case being assigned to the magistrate judge. filed by all parties. (Miller, III, Clinton) |
| Filing 18 Motion to excuse appearance and Allow Telephonic Participation in Status Conference and Supporting Grounds filed by CSX Transportation, Inc.. (Lewis, John) |
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Filing 17
Case Management Conference Scheduling Order with case management conference to be held on 8/24/2007 at 02:30 PM at Chambers 17A before Judge Hon. Solomon Oliver Jr. Signed by Judge Solomon Oliver Jr. on 8/3/2007.(D,M)
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| Filing 16 Answer To Counterclaim of Defendant BLET filed by United Transportation Union. Related document(s) #13 . (Miller, III, Clinton) |
| Filing 15 Reply in support of #4 Motion for preliminary injunction filed by United Transportation Union. (Miller, III, Clinton) |
| Filing 14 Answer to Complaint (Related Doc #1 ) filed by CSX Transportation, Inc.. (Lewis, John) |
| Filing 13 Answer to Complaint (Related Doc #1 ), Counterclaim against United Transportation Union filed by Brotherhood of Locomotive Engineers and Trainmen. (Wolly, Michael) Modified docket text on 7/26/2007 (R, N). Modified link on 7/27/2007 (B, R). |
| Filing 12 Notice of Magistrate Consent form (D,M) |
| Filing 11 Unopposed Motion for extension of time to file Reply to defendant's opposition to plaintiff's motion for preliminary injunction until July 26, 2007 filed by United Transportation Union. (Miller, III, Clinton) Modified text on 7/9/2007 (B, B). |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Ronald M. Johnson and attorney Laurence A. Benenson for CSX Transportation, Inc. (Related Doc #8 #9 ). Approved by Judge Solomon Oliver Jr. on 7/5/2007.(D,M)
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| Filing 10 Opposition to #4 Motion for preliminary injunction filed by CSX Transportation, Inc. (Attachments: #1 Exhibit 1 - June 19, 2007 letter from Ronald M. Johnson to Clint J. Miller, III#2 Exhibit 2 - Declaration of Michael G. Male#3 Exhibit 3 - Declaration of Steven R. Friedman#4 Exhibit 4 - Special Board of Adjustment No. 1141#5 Appendix Addendum 1 - Unreported Cases)(Lewis, John) Modified text 6/29/2007 (C, K). |
| Filing 9 Motion for attorney Laurence A. Benenson to Appear Pro Hac Vice Filing fee 100, receipt number 2527167. filed by CSX Transportation, Inc.. (Lewis, John) |
| Filing 8 Motion for attorney Ronald M. Johnson to Appear Pro Hac Vice Filing fee 100, receipt number 2527154. filed by CSX Transportation, Inc.. (Lewis, John) |
| Filing 7 Opposition to #4 Motion for preliminary injunction filed by Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Declaration of Michael Wolly#2 Declaration of Justin Dzan#3 Declaration of Zeb West#4 Declaration of Christopher Hyde)(Wolly, Michael) Modified text 6/29/2007 (C, K). |
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Order [non-document] granting #6 Defendants' Unopposed Motion to Extend Time until 6/26/2007 to file their Opposition to Plaintiff's Motion for Preliminary Injunction. Approved by Judge Solomon Oliver Jr. on 6/15/2007.(D,M)
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| Filing 6 Joint Motion for extension of June 15, 2007 until June 26, 2007 filed by CSX Transportation, Inc.. Related document(s) #4 . (Lewis, John) |
| Filing 5 UNSIGNEDMemorandum of Points and Authorities in Support of #4 motion for Preliminary Injunction filed by United Transportation Union. (Attachments: #1 Affidavit B. Hogan#2 Affidavit R. Marceau#3 Affidavit J. Hancock)(Miller, III, Clinton) Modified text/termed motion (wrong event, notified counsel) 6/1/2007 (C, K). |
| Filing 4 UNSIGNED Motion for preliminary injunction filed by United Transportation Union. (Miller, III, Clinton) Modified text (counsel notified) 6/1/2007 (C, K). |
| Filing 3 Magistrate Consent Form issued to counsel. Waivers issued. (C,BA) |
| Filing 2 Supplement to Complaint filed by United Transportation Union. Related document(s) #1 . (Miller, III, Clinton) |
| Filing 1 Complaint against all defendants ( Filing fee 350 receipt number 2483287.). Filed by United Transportation Union. (Miller, III, Clinton) Additional attachment(s) added on 5/25/2007 (C, B). |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Hemann. (C,BA) |
| Judge Solomon Oliver, Jr assigned to case. (C,BA) |
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