Brotherhood of Locomotive Engineers and Trainmen v. Norfolk Southern Railway Company
Plaintiff: Brotherhood of Locomotive Engineers and Trainmen
Defendant: Norfolk Southern Railway Company
Case Number: 1:2021cv01866
Filed: September 30, 2021
Court: US District Court for the Northern District of Ohio
Presiding Judge: Pamela A Barker
Referring Judge: David A Ruiz
Nature of Suit: Labor: Railway Labor Act
Cause of Action: 45 U.S.C. ยง 151 Railway Labor Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2023 Opinion or Order Order [non-document] granting the parties' #38 Joint Motion to Extend Deadlines. Discovery due by 11/13/2023; jointly stipulated facts and stipulated record due by 12/13/2023; and dispositive motions due by 1/11/2024. Judge David A. Ruiz on 8/14/2023. (H,Z)
August 12, 2023 Filing 38 Joint Motion for extension of Discovery Cut Off, Stipulations, and Summary Judgment Briefing until 90 days from current deadlines filed by Plaintiff Brotherhood of Locomotive Engineers and Trainmen. (Petroff, Dimitre)
August 1, 2023 Filing 37 Agreed Limited Protective Order regarding confidential documents #36 . Judge David A. Ruiz on 7/31/2023. (H,Z)
July 28, 2023 Filing 36 Proposed Order for Agreed Limited Protective Order filed by Brotherhood of Locomotive Engineers and Trainmen. (Petroff, Dimitre)
June 14, 2023 Opinion or Order Order [non-document] granting the parties' #35 Joint Motion for Extension of Time. Discovery due by 8/14/2023; jointly stipulated facts and stipulated record due by 9/14/2023; and dispositive motions due by 10/13/2023. Judge David A. Ruiz on 6/14/2023. (H,Z)
June 12, 2023 Filing 35 Joint Motion for extension of Discovery and Related Deadlines until 8/14/2023 & 60 days for related deadlines filed by Plaintiff Brotherhood of Locomotive Engineers and Trainmen. (Petroff, Dimitre)
May 30, 2023 Opinion or Order Order [non-document] granting Defendant's Motion to withdraw as attorney. (Related Doc #34 ). Attorney John B. Lewis removed from case. Judge David A. Ruiz on 5/30/2023. (H,Z)
May 25, 2023 Filing 34 Motion by John B. Lewis to withdraw as counsel filed by Counter-Claimant Norfolk Southern Railway Company, Defendant Norfolk Southern Railway Company. (Lewis, John)
April 17, 2023 Opinion or Order Order [non-document] granting the parties' #33 Joint Motion to Extend Deadlines by 60 days. Discovery due by 6/13/2023; Jointly Stipulated Facts and Record due by 7/14/2023; and Dispositive Motions due by 8/14/2023. Judge David A. Ruiz on 4/17/2023. (H,Z)
April 13, 2023 Filing 33 Joint Motion for extension of Discovery and Related Deadlines until 6/13/2023 & 60 days for Related Deadlines filed by Plaintiff Brotherhood of Locomotive Engineers and Trainmen. (Petroff, Dimitre)
February 17, 2023 Opinion or Order Order [non-document] granting the parties' #32 Joint Motion for a sixty-day extension of discovery and summary judgment deadlines. Discovery due by 4/14/2023. Jointly Stipulated Facts and Record due by 5/15/2023. Dispositive Motions due by 6/14/2023; Opposition Briefs due by 7/14/23; Replies due by 7/28/2023. Judge David A. Ruiz on 2/17/2023. (H,Z)
February 12, 2023 Filing 32 Joint Motion for a 60 day extension of discovery and summary judgment deadlines filed by Plaintiff Brotherhood of Locomotive Engineers and Trainmen. (Petroff, Dimitre)
December 28, 2022 Opinion or Order Order [non-document] granting #31 Joint Motion to Extend Deadlines. Written Discovery due by 2/13/2023. Jointly Stipulated Facts and Record due 3/16/2023. Dispositive Motions due by 4/15/2023, Opposition Briefs due by 5/15/2023, and Replies due by 5/29/2023. Judge David A. Ruiz on 12/28/2022. (G,CA)
December 27, 2022 Filing 31 Joint Motion for extension of Discovery until January 30, 2023 filed by Counter-Claimant Norfolk Southern Railway Company, Defendant Norfolk Southern Railway Company. Related document(s) #29 . (Lewis, John)
July 28, 2022 Opinion or Order Filing 30 Order denying without prejudice as moot the following motions: Plaintiff's Motion for preliminary injunction (Related Doc #5 ); Plaintiff's Motion for Temporary Restraining Order (Related Doc #22 ); Defendant's Motion for summary judgment (Related Doc #10 ); and Plaintiff's Motion to stay (Related Doc #15 ). Judge David A. Ruiz on 7/28/2022. (H,Z)
July 28, 2022 Opinion or Order Filing 29 Minute Order of Telephone Conference held on 7/27/2022. Time: 20 minutes. The Court adopted the parties' Jointly Proposed Schedule #28 . Written Discovery due by 12/30/2022. Jointly Stipulated Facts and Record due 1/30/2023. Dispositive Motions due by 3/1/2023, Opposition Briefs due by 4/3/2023, and Replies due by 4/17/2023. Judge David A. Ruiz on 7/28/2022. (H,Z)
July 20, 2022 Filing 28 Jointly Proposed Schedule filed by Norfolk Southern Railway Company. Related document(s) #27 .(Lewis, John)
June 16, 2022 Filing 27 Minute Order of Case Management Conference held on 6/16/2022. Jointly Proposed Schedule to be filed by July 20, 2022. Telephone Conference set for 7/27/2022 at 10:00 AM. Time: 60 minutes. Judge David A. Ruiz on 6/16/2022. (H,Z)
June 9, 2022 Filing 26 Joint Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Norfolk Southern Railway Company. Related document(s) #24 .(Lewis, John)
May 31, 2022 Filing 25 Reply in support of #22 Motion for immediate temporary restraining order filed by Brotherhood of Locomotive Engineers and Trainmen. (Petroff, Dimitre)
May 27, 2022 Filing 24 Case Management Conference Scheduling Order with case management conference to be held on 6/16/2022 at 09:00 AM by telephone before Judge David A. Ruiz. Conferencing instructions to be emailed to counsel. Lead counsel must participate unless excused by the Court upon written motion. Party representatives may attend but are not required. IMPORTANT: The parties are advised to carefully read this Order. Judge David A. Ruiz on 5/27/2022. (Attachments: #1 Report of the Parties Planning Meeting) (G,CA)
May 24, 2022 Filing 23 Response to #22 Motion for immediate temporary restraining order filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit May 20, 2022 Memorandum Opinion & Order Allied Pilots v. American Airlines)(Lewis, John)
May 23, 2022 Filing 22 Motion for immediate temporary restraining order filed by Plaintiff Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Memorandum in Support) (Petroff, Dimitre)
April 28, 2022 Filing 21 Letter to Honorable David A. Ruiz filed by Norfolk Southern Railway Company. Related document(s) #10 . (Lewis, John)
April 26, 2022 Filing 20 Letter filed by Brotherhood of Locomotive Engineers and Trainmen. Related document(s) #5 . (Petroff, Dimitre)
March 14, 2022 Filing 19 Joint Status Report filed by Norfolk Southern Railway Company. Related document(s) #18 .(Lewis, John)
February 28, 2022 Opinion or Order Filing 18 Order: All prior orders issued in this action, including (but not limited to) Initial Orders and Case Management Orders, shall remain in effect unless such order(s) were superseded by subsequent court order(s). Parties are ordered to confer and file a brief Joint Status Report within 14 days of this Order. IMPORTANT: Parties are advised to carefully read this Order for additional information and requirements. Judge David A. Ruiz on 2/28/2022. (H,SN)
February 23, 2022 Random Reassignment of Magistrate Judge pursuant to General Order 2022-03. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (S,HR)
February 22, 2022 Case reassigned to District Judge David A. Ruiz pursuant to General Order 2022-03. Judge Bridget Meehan Brennan's assignment terminated due to Baker & Hostetler conflict. (S,HR)
February 22, 2022 Case reassigned to District Judge Bridget Meehan Brennan pursuant to General Order 2022-04. (R,EM)
February 8, 2022 IMPORTANT: [non-document] The Court CANCELS the 2/15/2022 in-person evidentiary hearing regarding Plaintiff's Motion for Preliminary Injunction. The Court will RESET the hearing at a later date. (P,K)
January 3, 2022 Filing 17 Reply in support of #15 Motion to stay Motion for Summary Judgment filed by Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Affidavit 2nd Declaration of L. Randy Fannon)(Petroff, Dimitre)
December 27, 2021 Filing 16 Reply in support of #10 Motion for summary judgment and Memorandum in Support of Motion for Summary Judgment and in Opposition to Plaintiffs Motion to Defer Summary Judgment filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit Second Declaration of Andrew Shepard)(Lewis, John)
December 16, 2021 Opinion or Order Order [non-document] The Court RESETS the in-person evidentiary hearing regarding Plaintiff's Motion for Preliminary Injunction to February 15, 2022 at 9:00 am in Courtroom 16A. Judge Pamela A. Barker on 12/16/2021. (P,K)
December 13, 2021 Filing 15 Motion to stay Motion for Summary Judgment filed by Plaintiff Brotherhood of Locomotive Engineers and Trainmen. Related document(s) #5 , #10 . (Attachments: #1 Memorandum in Support of its Motion to Defer Summary Judgment and in Opposition to Motion for Summary Judgment, #2 Affidavit Declaration of James Petroff)(Petroff, Dimitre)
December 13, 2021 Opinion or Order Order [non-document] granting #14 Plaintiff's Motion for Extension of Time to File Response to #10 Defendant's Motion for Summary Judgment. Judge Pamela A. Barker on 12/13/2021.(P,K)
December 10, 2021 Filing 14 Unopposed Motion for extension of time until 12-13-2021 to file response/reply to #10 Motion for summary judgment and Memorandum in Support filed by Plaintiff Brotherhood of Locomotive Engineers and Trainmen. Related document(s) #10 . (McInerney, Joshua)
December 6, 2021 Opinion or Order Order [non-document] The Court shall conduct an in-person evidentiary hearing regarding Plaintiff's Motion for Preliminary Injunction on December 29, 2021 at 9:00 am in Courtroom 16A. Judge Pamela A. Barker on 12/6/2021. (P,K)
November 29, 2021 Opinion or Order Order [non-document]granting Defendant's Motion for appearance pro hac vice by attorney Robert S. Hawkins 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 #8 ). Judge Pamela A. Barker on 11/29/2021.(P,K)
November 29, 2021 Opinion or Order Order [non-document]granting Defendant's Motion for appearance pro hac vice by attorney Andrew J. Rolfes 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 ). Judge Pamela A. Barker on 11/29/2021.(P,K)
November 17, 2021 Filing 13 Reply in support of #5 Motion for preliminary injunction filed by Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Exhibit A - Declaration of L. R. Fannon, #2 Exhibit B - Declaration of J. Ball, #3 Exhibit C - Declaration of T. Pontolillo)(Petroff, Dimitre)
November 11, 2021 Filing 12 Notice of Motion to Reassign and Consolidate filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit Motion to Reassign and Consolidate Filed in Case No. 1:21-cv-1870 SMART-TD v. NS)(Lewis, John)
November 10, 2021 Filing 11 Opposition to #5 Motion for preliminary injunction filed by Norfolk Southern Railway Company. (Lewis, John)
November 10, 2021 Filing 10 Motion for summary judgment and Memorandum in Support filed by Counter-Claimant Norfolk Southern Railway Company, Defendant Norfolk Southern Railway Company. (Attachments: #1 Brief in Support of Motion for Summary Judgment as to Plaintiff's Complaint and as to Count I of NS's Counterclaim, #2 Affidavit Declaration of Andrew Shephard, #3 Exhibit A-F 1985 UTU, 1986 BLET Source of Supply Agreements, Two Flowback Agreements, Correspondence 2-25-1993, Correspondence 11-8-2000, Correspondence 5-7-2003, #4 Exhibit G-L NS Response, Correspondence 4-9-2010, Spreadsheet, PLB 4417, Award 32, PLB 5811, Award 76, 7-12-2011 Submission re PLB 5811, #5 Exhibit M-R Article V 2016 BLET Agreement, Article III 2015 BLET Agreement, Agreed to Questions and Answers re PPI, Article 4(b), Article 4(b) Crew Agreement, Correspondence 5-17-2016, #6 Exhibit S-W Correspondence 5-20-2016, Correspondence 8-12-2016, April 28, 2021 Email Gholson to Shepard, Deleskiewicz penalty claim, Two grievance records filed by SMART-TD, #7 Exhibit X-Z PLB 6619 Award I, Correspondence 8-11-2021 and Correspondence 8-20-2021, #8 Exhibit AA-GG Correspondence on 8-25-2021, 9-14-2021, 8-10-2021, 8-19-2021, 9-17-2021 and 9-24-2021)(Lewis, John)
November 4, 2021 Filing 9 Motion for attorney Andrew J. Rolfes to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11117742, filed by Counter-Claimant Norfolk Southern Railway Company, Defendant Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Affidavit of Andrew J. Rolfes)(Lewis, John)
November 4, 2021 Filing 8 Motion for attorney Robert S. Hawkins to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11117677, filed by Counter-Claimant Norfolk Southern Railway Company, Defendant Norfolk Southern Railway Company. (Attachments: #1 Affidavit Exhibit A - Affidavit of Robert S. Hawkins)(Lewis, John)
November 2, 2021 Opinion or Order Order [non-document]granting Defendant's Motion for appearance pro hac vice by attorney Joseph P. Sirbak, II for Norfolk Southern Railway Company,Joseph P. Sirbak, II 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 #7 ). Judge Pamela A. Barker on 11/2/2021.(P,K)
October 29, 2021 Filing 7 Motion for attorney Joseph P. Sirbak, II to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11109289, filed by Counter-Claimant Norfolk Southern Railway Company, Defendant Norfolk Southern Railway Company. (Attachments: #1 Affidavit of Joseph P. Sirbak, II in Support of Motion for Admission Pro Hac ViceI)(Lewis, John)
October 28, 2021 Filing 6 Answer to Defendant's Counterclaim filed by Brotherhood of Locomotive Engineers and Trainmen. Related document(s) #3 . (McInerney, Joshua)
October 27, 2021 Filing 5 Motion for preliminary injunction filed by Plaintiff Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Memorandum in Support of Plaintiff's Motion for Preliminary Injunctive Relief, #2 Proposed Order)(Petroff, Dimitre)
October 12, 2021 Filing 4 Attorney Appearance by Dustin M. Dow filed by on behalf of Norfolk Southern Railway Company. (Dow, Dustin)
October 7, 2021 Filing 3 Answer to #1 Complaint, and, Counterclaim against Brotherhood of Locomotive Engineers and Trainmen by Norfolk Southern Railway Company filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit 1 Pub. L. Bd. 4417 Award 32, #2 Exhibit 2 Pub. L. Bd. 5811 Award 76, #3 Exhibit 3 8-11-21 Ltr from BLE General Chairman Dewayne L. Dehart, #4 Exhibit 4 8-20-21 Ltr from NSR to Dehart, #5 Exhibit 5 8-25-21 Ltr from BLET General Chairman L.R. Fannon, #6 Exhibit 6 9-14-21 Ltr from BLET General Chairman J. Sturdivant)(Lewis, John)
September 30, 2021 Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Norfolk Southern Railway Company. (Attachments: #1 Magistrate Consent Form) (M,MT)
September 30, 2021 Filing 1 Complaint with jury demand against Norfolk Southern Railway Company. Filing fee paid, $402.00. Receipt # AOHNDC-11061080. Filed by Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Fully Executed 2015 NSR/BLET Agreement, #3 Proposed Summons) (M,MT)
September 30, 2021 Judge Pamela A. Barker assigned to case. (M,MT)
September 30, 2021 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)

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Plaintiff: Brotherhood of Locomotive Engineers and Trainmen
Represented By: Joshua D. McInerney
Represented By: Dimitre James Petroff
Represented By: D. James Petroff
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Defendant: Norfolk Southern Railway Company
Represented By: Dustin M. Dow
Represented By: Joseph P. Sirbak, II
Represented By: John B. Lewis
Represented By: Andrew J. Rolfes
Represented By: Robert S. Hawkins
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