Blackwood et al v. CSX Transportation, Inc.
| Tobby Blackwood, Don W. Smith, Daniel Chastain and Roc Young |
| United Transportation Union and CSX Transportation, Inc. |
| 1:2007cv01624 |
| June 1, 2007 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Sara Lioi |
| Labor: Railway Labor Act |
| 45 U.S.C. § 151 Railway Labor Act |
| None |
Docket Report
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| Filing 44 Judgment Entry. For the reasons set forth in the Memorandum Opinion filed contemporaneously with this Judgment Entry, summary judgment is granted in favor of Defendants United Transporation Union and CSX Transportation, Inc. as regards the claims of Plaintiff Roc Young. Further, upon the representation of counsel that Plaintiffs Tobby Blackwood, Don W. Smith and Daniel Chastain have settled their claims against both Defendants, their claims are dismissed. Case closed, with each party to bear its own costs. Related document #43 . Signed by Judge Sara Lioi on 4/29/08. (R,Sh) |
Filing 43
Memorandum Opinion and Order. For the reasons discussed within, the motions for summary judgment filed by Defendants CSX Transportation, Inc., related document #35 , and United Transportation Union, related document #36 are GRANTED as to Plaintiff Roc Young. Upon representation of counsel that Plaintiffs Tobby Blackwood, Don W. Smith, and Daniel Chastain have settled with Defendants, the motions are denied as moot with respect to those three Plaintiffs. The case is dismissed. Signed by Judge Sara Lioi on 4/29/08. (R,Sh)
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| Filing 42 Reply to response to #35 Motion for summary judgment filed by CSX Transportation, Inc.. (Lewis, John) |
| Filing 41 Reply to response to #36 Motion for summary judgment filed by United Transportation Union. (Attachments: #1 Exhibit UTU Constitution Art. 64, #2 Exhibit McIntyre Declaration, #3 Exhibit Working Seniority List, #4 Exhibit Hogan Declaration)(Brodar, Kevin) |
| Filing 40 Opposition to #35 Motion for summary judgment, #36 Motion for summary judgment filed by Roc Young. (Attachments: #1 Declaration of Plaintiff Roc Young, #2 Attachment A - Relevant Deposition Exhibits, #3 Attachment B - Relevant Deposition Testimony)(Wolly, Michael) |
| Filing 39 Joint Status Report filed by all parties. (Wolly, Michael) Modified filers on 3/25/2008 (P,G). |
| Filing 38 Deposition of Steven Robert Friedman taken on 1/30/2008. Complete document on file, 117 pages + 59 pages of attachments. filed by CSX Transportation, Inc. Related document(s) #37 . (B,B) |
| Filing 37 Notice of Manual Filing Deposition Transcript of Steven Robert Friedman filed by CSX Transportation, Inc.. (Attachments: #1 Notice of Filing Deposition Transcript of Steven Robert Friedman)Related document(s) #35 .(Lewis, John) |
| Filing 36 Motion for summary judgment filed by Defendant United Transportation Union. Related document(s) #35 . (Attachments: #1 Brief in Support of Motion for Summary Judgment, #2 Exhibit Declaration of B. Hogan, #3 Exhibit Ex. 1 UTU Const., #4 Exhibit Ex.2 Ltr of Intent, #5 Exhibit Ex.3 Implementing Ltr, #6 Exhibit Ex. 4 McIntyre Instruction ltr, #7 Exhibit Ex. 5 Notice to Nonmember, #8 Exhibit Ex. 6 Billing record, #9 Exhibit Ex. 7 Blackwood App for Membership, #10 Exhibit Ex. 8 Welcoming ltr, #11 Exhibit Ex. 9 April 15 check, #12 Exhibit Ex. 10 Jan 29 McIntrye ltr, #13 Exhibit Ex. 11 April & July envelopes, #14 Exhibit Ex. 12 May 7 Thompson ltr, #15 Exhibit Ex. 13 Dec. 16 Pope e-mail, #16 Exhibit Ex. 14 Dec. 28 McIntyre ltr, #17 Exhibit Ex. 15 Jan. 4 CSXT ltr, #18 Exhibit Ex. 16 Dec. 6 e-mail re rosters, #19 Exhibit Ex. 17 Jan 3 Blackwood ltr, #20 Exhibit 18 Jan 18 Thompson letter #21 Exhibit 19 Jan 22 Pope e-mail, #22 Exhibit 20 Fink's notes, #23 Exhibit 21 March 4 McIntyre letter #24 Exhibit 22 May 4 CSXT letter #25 Exhibit 23 Days frozen chart, #26 Exhibit 24 Jan 22 Young letter #27 Exhibit 25 July 19 Hogan letter #28 Exhibit 26 Sept 10 Hogan e-mail, #29 Exhibit 27 Blackwood Deposition excerpts, #30 Exhibit 28 Young Deposition excerpts, #31 Exhibit 29 McIntyre Deposition excerpts, #32 Exhibit 30 Fink Deposition excerpts, #33 Exhibit 31 Friedman Deposition excerpts)(Brodar, Kevin) Modified text on 3/12/2008 (P,G). |
| Filing 35 Motion for summary judgment filed by Defendant CSX Transportation, Inc.. (Attachments: #1 Memorandum in Support of Motion for Summary Judgment, #2 Exhibit 1 - Friedman Depo Excerpts, #3 Exhibit 2 - Letter of Intent dated 11-1-04, #4 Exhibit 3 - Allen Letter to Thompson dated 12-21-06, #5 Exhibit 4 - McIntyre Letter to Friedman dated 11-4-04, #6 Exhibit 5 - Blackwood Deposition Excerpts, #7 Exhibit 6 - Pope Notice, #8 Exhibit 7 - Smith Deposition Excerpts, #9 Exhibit 8 - Chastain Deposition Excerpts, #10 Exhibit 9 - Young Deposition Excerpts, #11 Exhibit 10 - Copy of Check dated 12-31-04, #12 Exhibit 11 - Copy of check dated 1-20-05, #13 Exhibit 12 - McIntyre Letter to Friedman dated 12-28-05, #14 Exhibit 13 - Friedman Letter to McIntyre Dated 1-4-06, #15 Exhibit 14 - Blackwood Letter to Thompson Dated 1-3-07, #16 Exhibit 15 - Thompson Letter to Lambert Dated 1-18-07, #17 Exhibit 16 - McIntyre Letter to Blackwood Dated 1-29-07, #18 Exhibit 17 - Thompson Letter to Blackwood Dated 5-7-07, #19 Exhibit 18 - Blackwood Letter to Workman Dated 1-3-07, #20 Exhibit 19 - Ingram Letter to Blackwood Dated 5-25-07, #21 Exhibit 20 - Noell E-mail to Friedman Dated 6-1-07, #22 Exhibit 21 - Friedman Letter Dated 7-10-07, #23 Exhibit Copy of November Dues Check and Envelope, #24 Exhibit 23 - McIntyre Letter to Friedman Dated 10-13-05, #25 Exhibit 24 - Friedman Letter to McIntyre Dated 10-17-05, #26 Exhibit 25 - Smith Letter to Bethel Dated 1-17-07, #27 Exhibit 26 - Smith Leters to Thompson McIntyre Dated 1-17-07, #28 Exhibit 27 - Thompson Letter to Smith Dated 5-7-07, #29 Exhibit 28 - Copy of Returned October Dues Check and Envelope, #30 Exhibit 29 - Chastain Letter to Thompson Dated 1-14-07, #31 Exhibit 30 - Thompson Letter to Chastain Dated 5-7-07, #32 Exhibit 31 - Young Letter to Hogan Dated 6-22-07, #33 Exhibit 32 - Hogan Letter to Becker Dated 7-19-07)(Lewis, John) Modified text on 3/12/2008 (P,G). |
| Minutes of proceedings [non-document]. A status conference was conducted on 2-15-2008 before Judge Sara Lioi. Attorney Michael Wolly appeared on behalf of Plaintiffs, Attorney Kevin Brodar participated on behalf of the Union and Attorney John Lewis appeared on behalf of the Railroad. The parties have completed discovery and are prepared to proceed to dispositive motions. While the Court discussed the possibility of settlement with counsel, it was determined that continued settlement talks at this juncture would not prove fruitful. (Time: 25 minutes.) (P,J) |
| Filing 34 Joint Status Report filed by all parties. Related document(s) #17 .(Wolly, Michael) Modified filers on 2/11/2008 (P,G). |
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Order [non-document]. The joint motion to conduct status conference by telephone is granted, in part. (Related Doc #33 ). Lead counsel shall be required to attend the conference in person, but all parties and party representatives may be available by telephone. Should the status conference prove to be unproductive without the presence of the parties, the Court shall schedule another conference and require the attendance of all counsel and parties. Approved by Judge Sara Lioi on 1/25/2008.(P,J)
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| Filing 33 Joint Motion for to Conduct Status Conference By Telephone Conference Call or, in the Alternative, to Allow the Parties not to Attend in Person But Be Available for Telephonic Communication filed by all parties. (Wolly, Michael) Modified filers on 1/24/08 (L,T). |
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Order [non-document] granting defendant United Transportation Union's motion to reset trial date (Related Doc #32 ). The trial in this matter shall not start before 6/4/2008. Approved by Judge Sara Lioi on 1/22/2008.(P,J)
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Order [non-document] granting joint motion to continue status conference (Related Doc #30 ), (Related Doc #31 ). Status Conference rescheduled to 2/15/2008 at 9:00 AM in Chambers 402 before Judge Sara Lioi. Approved by Judge Sara Lioi on 1/22/2008.(P,J)
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| Filing 32 Unopposed Motion for Re-Setting Trial Date filed by Defendant United Transportation Union. (Brodar, Kevin) |
| Filing 31 Joint Motion to continue Reschedule Status Conference CORRECTED filed by Plaintiff Tobby Blackwood. Related document(s) #30 , #17 . (Wolly, Michael) |
| Filing 30 Joint Motion to continue /Reschedule Status Conference filed by Plaintiff Tobby Blackwood. Related document(s) #17 . (Wolly, Michael) |
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Order [non-document] granting joint motion to extend discovery period (Related Doc #29 ). Non-expert discovery deadline shall be extended until 1/31/2008. All other dates and deadlines, including the 3/10/2008 dispositive motion deadline, shall remain in effect. Approved by Judge Sara Lioi on 1/7/2008.(P,J)
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| Filing 29 Joint Motion for extension of Close of Discovery until January 31, 2008 filed by all parties. (Wolly, Michael) Modified filers on 1/7/2008 (P,G). |
| Filing 28 Joint Status Report filed by Tobby Blackwood, Don W. Smith, Daniel Chastain, Roc Young. (Wolly, Michael) |
| Filing 27 Notice of Service of Answer to Interrogatories and Responses to Request for Production of Documents filed by United Transportation Union. (Brodar, Kevin) |
| Filing 26 Notice of Service of Deposition Notices, First Set of Interrogatories and Request for Production of Documents filed by United Transportation Union. (Brodar, Kevin) |
| Filing 25 Joint Status Report filed by all parties. (Brodar, Kevin) |
| Filing 24 Answer to Amended Complaint (Related Doc #19 ) filed by CSX Transportation, Inc.. (Lewis, John) |
| Filing 23 Answer to Amended Complaint (Related Doc #19 ) filed by United Transportation Union. (Brodar, Kevin) Modified text on 10/24/2007 (P, G). |
| Filing 22 Notice of Service of Initial Disclosures filed by all plaintiffs. (Wolly, Michael) Modified text on 10/23/2007 (P, G). |
| Filing 21 Initial Disclosures filed by CSX Transportation, Inc.. (Dawson, Todd) |
| Filing 20 Notice of Service of Fed. R. Civ. Pro. 26(a)(1) Disclosures filed by United Transportation Union. (Brodar, Kevin) |
| Filing 19 Amended complaint against all defendants filed by plaintiffs. (Wolly, Michael) Modified filers on 10/16/07 (L, T). |
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Order [non-document] granting Motion of defendant CSX for attorneys Ronald M. Johnson and Michael S. McIntosh to withdraw as counsel. (Related Doc #18 ). Approved by Judge Sara Lioi on 10/9/2007.(P,J)
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| Filing 18 Motion to withdraw as attorney (Ronald M. Johnson and Michael S. McIntosh) filed by CSX Transportation, Inc.. (Dawson, Todd) |
| Minutes of proceedings [non-document]. A telephonic status conference was held on 9/24/07 before Judge Sara Lioi. Attorney Michael Wooly participated on behalf of plaintiffs. Attorney Kevin Brodar participated on behalf of defendant UTU, and attorney John Lewis participated on behalf of defendant CSX. Plaintiffs Tobby Blackwood and Don Smith, and UTU representative, John Fink, also participated. Based upon the Union's review of its records relating to plaintiffs' records of payment of maintenance fees, and the parties' current positions, the parties agreed that settlement was not likely at this time. The parties were instructed to proceed with discovery. Time: 6 minutes. (Court Reporter none.) (M,V) |
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Filing 17
Case Management Conference Plan and Trial Order: Case assigned to Standard Track; Deadline to add parties or amend pleadings 10/15/2007; Deadline for completing discovery 1/21/2008; Deadline for filing dispositive motions 3/10/2008; Deadline for filing oppositions to motions 4/7/2008; Deadline for filing replies to responses 4/17/2008; Status Conference set for 1/24/2008 at 12:00 PM; Final Pretrial Conference set for 5/14/2008 at 4:30 PM; Bench Trial set on two-week standby period beginning 6/2/2008 at 8:00 AM. Signed by Judge Sara Lioi on 9/19/2007.(P,J)
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| Minutes of proceedings [non-document]. Case Management Conference conducted on 9/17/2007 before Judge Sara Lioi. Attorney Michael Wolly appeared on behalf of plaintiffs. Attorney Kevin Brodar appeared on behalf of defendant UTU, and attorney John Lewis appeared on behalf of defendant CSX. Plaintiff Tobby Blackwood, UTU representative, John Fink, and CSX representative, Antonio Lepure, were also in attendance. Plaintiff Don Smith is admonished for his failure to appear, and is advised that a failure to appear at subsequent events requiring his participation may lead to sanctions, up to and including dismissal of his case. Counsel discussed scheduling dates, and the Court set dates and deadlines that will appear in the Case Management Plan and Trial Order. A possible settlement was also discussed. The parties are directed to review all relevant records in preparation for a telephonic status conference to be conducted with counsel on September 24, 2007 at 3:00 p.m. when the issue of settlement shall be revisited. Plaintiffs' counsel is to initiate the call, and all parties and party representatives are directed to be available by phone. (Time: 55 minutes). (Court Reporter None.) (P,J) |
| Filing 16 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by all plaintiffs. (Wolly, Michael) |
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Order [non-document] denying joint motion to attend case management conference by telephone (Related Doc #15 ). Approved by Judge Sara Lioi on 9/12/2007.(P,J)
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| Filing 15 Joint Motion to attend Case Management Conference by telephone filed by all parties. Related document(s) #12 . (Wolly, Michael) |
| Filing 14 Report of Parties' Planning Meeting. Parties do not consent to this case being assigned to the magistrate judge. filed by all parties. (Wolly, Michael) |
| Filing 13 Notice of Magistrate Consent form (M,V) |
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Filing 12
Case Management Conference Scheduling Order. A case management conference is to be held on 9/17/07 at 12:00 noon at Chambers 526 before Judge Hon. Sara Lioi. Signed by Judge Sara Lioi on 8/22/07.(M,V)
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| Filing 11 Answer to Complaint (Related Doc #1 ) filed by United Transportation Union. (Brodar, Kevin) |
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Order [non-document] granting motion of Attorney Ronald Johnson to appearance pro hac vice on behalf of CSX Transportation, Inc. (Related Doc #10 ) Entered by Judge Sara Lioi on 8/6/07.(M,V)
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Order [non-document] granting motion of Attorney Michael S. McIntosh to appearance pro hac vice on behalf of CSX Transportation, Inc. (Related Doc #9 ). Entered by Judge Sara Lioi on 8/6/07.(M,V)
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| Filing 10 Motion for attorney Ronald Johnson to Appear Pro Hac Vice Filing fee 100, receipt number 2580366. filed by CSX Transportation, Inc.. (Attachments: #1 Exhibit A Declaration of Ronald Johnson)(Lewis, John) |
| Filing 9 Motion for attorney Michael S. McIntosh to Appear Pro Hac Vice Filing fee 100, receipt number 2580346. filed by CSX Transportation, Inc.. (Attachments: #1 Exhibit A)(Lewis, John) |
| Filing 8 Corporate Disclosure Statement filed by CSX Transportation, Inc.. (Lewis, John) |
| Filing 7 Answer to Complaint of Defendant CSX Transportation (Related Doc #1 ) filed by CSX Transportation, Inc.. (Lewis, John) |
| Filing 6 Waiver of Summons by CSX Transportation, Inc. returned. Waiver mailed on June 4, 2007 filed by all plaintiffs Related document(s) #3 , #1 . (Wolly, Michael) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Gallas. (C,BA) |
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Filing 5
Order of recusal. Case reassigned to Judge Sara Lioi. Signed by Judge Lesley Wells on 6/12/07.(C,KA)
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| Filing 4 Notice of Lawsuit and Request for Waiver of Service of Summons to Defendant UTU filed by all plaintiffs. Related document(s) #2 .(Wolly, Michael) Modified text on 6/5/2007 (B, B). |
| Filing 3 Notice of Lawsuit and Request for Waiver of Service of Summons to Defendant CSXT filed by all plaintiffs. Related document(s) #2 .(Wolly, Michael) |
| Filing 2 Magistrate Consent Form issued to counsel. No summons provided, no summons issued. (C,BA) |
| Filing 1 Complaint against all defendants ( Filing fee 350 receipt number 2491225.). Filed by Tobby Blackwood, Don W. Smith. (Attachments: #1 Civil Cover Sheet)(Wolly, Michael) |
| Judge Lesley Wells assigned to case. (C,BA) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Vecchiarelli. (C,BA) |
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