Norfolk Southern Railway Company v. Bucyrus Railcar Repair, LLC
| Norfolk Southern Railway Company |
| Bucyrus Railcar Repair, LLC |
| 1:2021cv00433 |
| February 24, 2021 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.
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| Filing 26 Memorandum Opinion and Order granting Defendant's Motion to Refer this matter to the Surface Transportation Board (Doc. No. #17 ). Further, this matter is hereby perpetually stayed and the within action is hereby CLOSED, subject to immediate reopening upon written motion of either party, after the final decision of the STB. Judge Pamela A. Barker on 8/31/2021. (P,K) |
Filing 25
Stipulated Protective Order . (Related Doc #24 ). Signed by Judge Pamela A. Barker on 8/19/2021.(W,CM)
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Order [non-document]. The telephonic CMC set for August 25, 2021 is cancelled and reset for September 29, 2021 at 2:30 p.m. The parties need not submit an updated Report of Parties' Planning prior to this conference. The parties shall use the dial-in information previously provide. Judge Pamela A. Barker on 8/19/2021. (W,CM)
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| Filing 24 Proposed Stipulated protective order filed by Plaintiff Norfolk Southern Railway Company. (Haskins, Matthew) Modified text on 8/19/2021 (S,SR). |
| Filing 23 FILING ERROR - INCORRECT DOCUMENT - ATTORNEY TO REFILE Motion for protective order Stipulated Protective Order and Discovery Confidentiality Order filed by Plaintiff Norfolk Southern Railway Company. (Haskins, Matthew) Modified to note filing error on 8/18/2021 (M,TL). |
| Filing 22 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Norfolk Southern Railway Company. (Haskins, Matthew) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Jeffrey D. Cohen for Norfolk Southern Railway Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #21 ). Judge Pamela A. Barker on 8/12/2021.(W,CM)
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| Filing 21 Motion for attorney Jeffrey D. Cohen to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10979038, filed by Counter-Defendant Norfolk Southern Railway Company, Plaintiff Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Declaration of Jeffrey D. Cohen)(Pitchford, Marshal) Modified on 8/12/2021 (W,CM). |
| Filing 20 Reply in support of #17 Motion to Refer Issues to the Surface Transportation Board and Motion to stay this lawsuit pending the Surface Transportation Board's ruling, filed by Bucyrus Railcar Repair, LLC. (Attachments: #1 Exhibit A - Finch Order Referral, #2 Exhibit B - Pejepscot, #3 Exhibit C - Kenco, #4 Exhibit D - Finch Decision, #5 Exhibit E - Teck Discovery Case). (Spellacy, Leo) |
| Filing 19 Opposition to #17 Motion to stay and to Refer Issues to the Surface Transportation Board filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Tariff NS 6004-D, #2 Exhibit B - Conditions of Carriage)(Haskins, Matthew) |
| Filing 18 Unopposed Motion for extension of time until June 21, 2021 to file response/reply to #17 Motion to stay and to Refer Issues to the Surface Transportation Board filed by Plaintiff Norfolk Southern Railway Company. Related document(s) #17 . (Haskins, Matthew). |
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Order [non-document] granting #18 Plaintiff's Unopposed Motion for Extension of Time to file a brief responding to Bucyrus Railcar Repair, LLCs Motion to Refer Issues to the Surface Transportation Board and to Stay this Lawsuit Pending the Surface Transportation Board's Ruling. Response Deadline set for 6/21/2021. Judge Pamela A. Barker on 6/2/2021.(P,K)
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Order [non-document] In light of the filing of Defendant's Motion to Stay or Refer (Doc. No. #17 ), the telephonic CMC set for June 1, 2021 is cancelled and rescheduled for August 25, 2021 at 1:30 p.m. The Parties' Planning Report is due no later than August 18, 2021. Judge Pamela A. Barker on 5/24/2021. (P,K)
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| Filing 17 Motion to stay and to Refer Issues to the Surface Transportation Board, with memorandum in support, filed by Defendant Bucyrus Railcar Repair, LLC. Related document(s) #1 . (Attachments: #1 Exhibit A - Demurrage Policy Statement, #2 Exhibit B - Greenville County Economic Development - Petition for Declaratory Order, #3 Exhibit C- Other Customers Experiencing Failure, #4 Exhibit D - Plaintiff's Response to Board, #5 Exhibit E - Plaintiff's Public Announcement, #6 Exhibit F - STB Chairman's Response, #7 Exhibit G - Customers Opposition to Changes, #8 Exhibit H - Oversight Hearing on Demurrage and Accessorial Charges)(Spellacy, Leo). AddedMotion on 5/26/2021 (L,MI). Modified on 5/26/2021 (L,MI). |
| Filing 16 Answer and Affirmative Defenses of Plaintiff Norfolk Southern Railway Company to Bucyrus Railcar Repair, LLC's Counterclaim, filed by Norfolk Southern Railway Company. Related document(s) #12 . (Haskins, Matthew) |
| Filing 15 Case Management Conference Scheduling Order with case management conference to be held telephonically on 6/1/2021 at 02:30 PM. The Court will provide counsel, via email, instructions for accessing the conference call. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Judge Pamela A. Barker on 4/22/2021. (Attachments: #1 Report of Parties' Planning Meeting Standard)(P,K) |
| Filing 14 Magistrate Consent Package issued by Courtroom Deputy. (P,K) |
| Filing 13 Corporate Disclosure Statement filed by Bucyrus Railcar Repair, LLC. (Spellacy, Leo) |
| Filing 12 Answer to #1 Complaint Affirmative Defenses, and, Counterclaim against Norfolk Southern Railway Company filed by Bucyrus Railcar Repair, LLC. (Spellacy, Leo) |
| Filing 11 Address Change Notice FOR ATTORNEY THOMAS W. WILCOX by Leo M. Spellacy, Jr filed by on behalf of Bucyrus Railcar Repair, LLC. (Spellacy, Leo) |
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Order [non-document] granting Plaintiff's Motion for appearance pro hac vice by attorney Matthew J. Haskins for Norfolk Southern Railway Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #10 ). Judge Pamela A. Barker on 3/24/2021.(L,Ja)
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Order [non-document] granting Plaintiff's Motion for appearance pro hac vice by attorney Eric C. Palombo for Norfolk Southern Railway Company. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #9 ). Entered by Judge Pamela A. Barker on 3/24/2021.(L,Ja)
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| Filing 10 Motion for attorney Matthew J. Haskins to Appear Pro Hac Vice with Certificates of Good Standing and Declaration in Support. Filing fee $ 120, receipt number AOHNDC-10736412, filed by Plaintiff Norfolk Southern Railway Company. (Pitchford, Marshal) Modified text on 3/24/2021 (M,TL). |
| Filing 9 Motion for attorney Eric C. Palombo to Appear Pro Hac Vice with Certificates of Good Standing and Declaration in Support. Filing fee $ 120, receipt number AOHNDC-10736402, filed by Plaintiff Norfolk Southern Railway Company. (Pitchford, Marshal) Modified text on 3/24/2021 (M,TL). |
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Order [non-document]granting Defendant's Motion for appearance pro hac vice by attorney Thomas W. Wilcox for Bucyrus Railcar Repair, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #7 ). Entered by Judge Pamela A. Barker on 3/15/2021.(L,Ja)
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| Filing 8 Attorney Appearance of Elizabeth E. Collins filed by on behalf of Bucyrus Railcar Repair, LLC. Related document(s) #5 .(Spellacy, Leo) s/ by Elizabeth E. Collins. Modified text on 3/25/2021 (S,SR). |
| Filing 7 Motion for attorney Thomas W. Wilcox to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10716147, filed by Defendant Bucyrus Railcar Repair, LLC. Related document(s) #5 . (Attachments: #1 Affidavit Thomas W. Wilcox, #2 Proposed Order Granting Motion for Pro Hac Vice)(Spellacy, Leo) |
| Filing 6 Unopposed Motion for extension of time until April 21, 2021 to answer Plaintiff's Complaint filed by Defendant Bucyrus Railcar Repair, LLC. Related document(s) #1 . (Spellacy, Leo) |
| Filing 5 Attorney Appearance by Leo M. Spellacy, Jr., filed by on behalf of Bucyrus Railcar Repair, LLC. Related document(s) #1 .(Spellacy, Leo) |
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Order [non-document] granting Defendant's #6 Unopposed Motion for extension of time until April 21, 2021 to answer Plaintiff's Complaint. Entered by Judge Pamela A. Barker on 3/11/2021.(L,Ja)
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| Filing 4 Return of Service by personal service executed upon Bucyrus Railcar Repair, LLC on 3/1/2021, filed on behalf of Norfolk Southern Railway Company Related document(s) #3 , #1 . (Pitchford, Marshal) |
| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon Bucyrus Railcar Repair, LLC. (Attachments: #1 Magistrate Consent Form) (M,MT) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent Norfolk Southern Corporation for Norfolk Southern Railway Company filed by Norfolk Southern Railway Company. (Pitchford, Marshal) |
| Filing 1 Complaint against Bucyrus Railcar Repair, LLC. Filing fee paid $402.00, Receipt number AOHNDC-10672010. Filed by Norfolk Southern Railway Company. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Pitchford, Marshal) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (M,MT) |
| Judge Pamela A. Barker assigned to case. (M,MT) |
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