International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division et al v. Norfolk Southern Railway Company
| International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division, Smart-TD GCA-680, Smart-TD GCA-687 and Smart-TD GCA-898 |
| Norfolk Southern Railway Company |
| Smart-TD General Committee of Adjustments GO-169 |
| 1:2021cv01870 |
| September 30, 2021 |
| US District Court for the Northern District of Ohio |
| Solomon Oliver |
| David A Ruiz |
| Labor: Railway Labor Act |
| 28 U.S.C. § 1331 Fed. Question: Railway Labor Act |
| None |
Docket Report
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This docket was last retrieved on August 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 36 Joint Motion for extension of discovery period and related summary judgment deadlines until 11/12/2023; 12/13/2023; 01/18/2024 filed by Defendant Norfolk Southern Railway Company. (Dow, Dustin) |
Order [non-document] granting the parties' #36 Joint Motion to Extend Deadlines by ninety days. 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)
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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)
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| Filing 35 Joint Motion for extension of Discovery Period and Related Summary Judgment Deadlines until 08/12/2023; 09/12/2023; 10/13/2023 filed by Defendant Norfolk Southern Railway Company. (Dow, Dustin) |
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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)
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| Filing 34 Motion by John B. Lewis to withdraw as attorney filed by Norfolk Southern Railway Company (Lewis, John) |
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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)
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| Filing 33 Joint Motion for extension of discovery deadline; jointly stipulated facts and stipulated record; dispositive motions; opposition briefs; replies until 60 days extension of discovery and motion deadlines filed by Defendant Norfolk Southern Railway Company. (Dow, Dustin) |
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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)
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| Filing 32 Joint Motion for extension of Discovery Deadline until April 14, 2023 filed by Defendant Norfolk Southern Railway Company, Counter-Claimant Norfolk Southern Railway Company. (Lewis, John) |
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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)
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| Filing 31 Joint Motion for extension of Discovery until January 30, 2023 filed by Defendant Norfolk Southern Railway Company, Counter-Claimant Norfolk Southern Railway Company. Related document(s) #28 . (Lewis, John) |
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Filing 30
Order denying Defendant's Motion to reassign case, and denying Motion to consolidate cases. (Related Doc #12 ). Judge David A. Ruiz on 7/28/2022. (H,Z)
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Filing 29
Order denying without prejudice as moot the following motions: Plaintiffs' Motion for preliminary injunction (Related Doc #4 ); and Defendant's Motion for summary judgment (Related Doc #10 ). Judge David A. Ruiz on 7/28/2022. (H,Z)
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Filing 28
Minute Order of Telephone Conference held on 7/27/2022. Time: 20 minutes. The Court adopted the parties' Jointly Proposed Schedule #27 . 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)
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| Filing 27 Jointly Proposed Schedule filed by Norfolk Southern Railway Company. Related document(s) #26 .(Lewis, John) |
| Filing 26 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) |
| Filing 25 Report of Parties' Planning Meeting Under FED. R. CIV. P. 26(f) AND L.R. 16.3(b) - parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Diehl-Gibbons, Erika) |
| 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) |
| Filing 23 Joint Status Report filed by Norfolk Southern Railway Company. Related document(s) #22 .(Lewis, John) |
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Filing 22
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)
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| Random Reassignment of Magistrate Judge pursuant to General Order 2022-03. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (S,HR) |
| Case reassigned to District Judge Bridget Meehan Brennan pursuant to General Order 2022-04. (S,HR) |
| Case reassigned to District Judge David A. Ruiz pursuant to General Order 2022-03. Judge Bridget Meehan Brennan assignment terminated due to conflict with Law Firm Baker and Hostetler. (S,HR) |
| Filing 21 Reply in support of #10 Motion for summary judgment and Memorandum in Support filed by Norfolk Southern Railway Company. (Attachments: #1 Affidavit Second Declaration of Andrew Shepard)(Lewis, John) |
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Order [non-document] granting Defendant's #20 Unopposed Motion for extension of time until February 7, 2022 to file reply memorandum in support of motion for summary judgment. Judge Solomon Oliver, Jr. on 1/26/2022.(R,Sh)
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| Filing 20 Unopposed Motion for extension of time until February 7, 2022 to file reply memorandum in support of motion for summary judgment, filed by Defendant Norfolk Southern Railway Company. Related document(s) #19 , #10 . (Attachments: #1 Proposed Order). (Lewis, John) |
| Filing 19 Opposition to #10 Motion for summary judgment and Memorandum in Support filed by International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division, Smart-TD GCA-680, Smart-TD GCA-687. (Attachments: #1 Affidavit Houk)(Diehl-Gibbons, Erika) |
| Filing 18 Reply to #9 Answer to Complaint, Counterclaim filed by International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division, Smart-TD GCA-680, Smart-TD GCA-687. (Diehl-Gibbons, Erika) |
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Order [non-document] granting Plaintiff's #16 Motion for extension of time until 01/10/2022 to file response/reply to #10 Motion for summary judgment. Judge Solomon Oliver, Jr. on 12/27/2021.(R,Sh)
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Order [non-document] granting Plaintiff's Unopposed Motion for leave to file Answer to Counterclaim (Related Doc #15 ). Judge Solomon Oliver, Jr. on 12/27/2021.(R,Sh)
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| Filing 16 Motion for extension of time until 01/10/2022 to file response/reply to #10 Motion for summary judgment and Memorandum in Support filed by International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division, Smart-TD GCA-680, Smart-TD GCA-687. Related document(s) #10 . (Attachments: #1 Proposed Order Granting Extension)(Diehl-Gibbons, Erika) |
| Filing 15 Motion for leave to file answer out of time filed by International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division, Smart-TD GCA-680, Smart-TD GCA-687. Related document(s) #9 . (Attachments: #1 Exhibit Proposed Answer, #2 Proposed Order)(Diehl-Gibbons, Erika) |
| Filing 14 Reply in support of #4 Motion for preliminary injunction filed by International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division, Smart-TD GCA-680, Smart-TD GCA-687, Smart-TD GCA-898, Smart-TD General Committee of Adjustments GO-169. (Attachments: #1 Affidavit Gholson Declaration and Exhibit A (1998 Agr Excerpt), B (Flowback Agr), #2 Affidavit Phillips Second Declaration)(Diehl-Gibbons, Erika) |
| Filing 13 Declaration to Replace Doc # 10-2 Declaration of Andrew Shepard filed by Norfolk Southern Railway Company. Related document(s) #10 . (Lewis, John) |
| Filing 12 Motion to reassign and Motion to consolidate cases filed by Defendant Norfolk Southern Railway Company, Counter-Claimant Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - BLET and SMART-TD Articles)(Lewis, John). Added Motion to reassign case, modified on 11/16/2021 (W,CM). |
| Filing 11 Opposition to #4 Motion for preliminary injunction filed by Norfolk Southern Railway Company. (Lewis, John) |
| Filing 10 Motion for summary judgment and Memorandum in Support filed by Defendant Norfolk Southern Railway Company, Counter-Claimant Norfolk Southern Railway Company. (Attachments: #1 Brief in Support Memorandum 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) |
| Filing 9 Answer to #1 Complaint, Additional Defenses and, Counterclaim against All Plaintiffs filed by Norfolk Southern Railway Company. (Lewis, John) |
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Order [non-document] granting Defendant's Motions for appearance pro hac vice by attorney Robert S. Hawkins, and 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 #7 , #8 ). Judge Solomon Oliver, Jr. on 11/5/2021.(R,Sh)
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| Filing 8 Motion for attorney Andrew J. Rolfes to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11117608, filed by Defendant Norfolk Southern Railway Company. (Attachments: #1 Affidavit Exhibit A - Affidavit of Andrew J. Rolfes)(Lewis, John) |
| Filing 7 Motion for attorney Robert S. Hawkins to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11117464, filed by Defendant Norfolk Southern Railway Company. (Attachments: #1 Affidavit Exhibit A - Affidavit of Robert S. Hawkins)(Lewis, John) |
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Order [non-document] granting Defendant's Motion for appearance pro hac vice by attorney 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 #6 ). Approved by Judge Solomon Oliver, Jr. on 11/1/2021.(R,Sh)
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| Filing 6 Motion for attorney Joseph P. Sirbak, II to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11109693, filed by Defendant Norfolk Southern Railway Company. (Attachments: #1 Affidavit of Joseph P. Sirbak, II in Support of Motion for Admission Pro Hac Vice)(Lewis, John) |
| Filing 5 Attorney Appearance by John B. Lewis filed by on behalf of Norfolk Southern Railway Company. (Lewis, John) |
| Filing 4 Motion for preliminary injunction filed by International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division, Smart-TD GCA-680, Smart-TD GCA-687, Smart-TD GCA-898, Smart-TD General Committee of Adjustments GO-169. (Attachments: #1 Brief in Support, #2 Affidavit Phillips Decl. and accompanying Exhibits, #3 Affidavit Ball Decl. and accompanying Exhibits, #4 Proposed Order)(Diehl-Gibbons, Erika) |
| Filing 3 Errata filed by All Plaintiffs. Related document(s) #1 . (Attachments: #1 Exhibit A-Corrected Cover Sheet)(Diehl-Gibbons, Erika) |
| Filing 2 Original Summons and Magistrate Consent Form issued to Counsel for service upon Norfolk Southern Railway Company. (Attachments: #1 Magistrate Consent Form) (L,Ja) |
| Filing 1 Complaint against Norfolk Southern Railway Company. Filing fee paid $ 402, Receipt number AOHNDC-11061488. Plaintiff has indicated that case may be related to pending civil action 21-cv-1866. Filed by Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Diehl-Gibbons, Erika) |
| Judge Solomon Oliver, Jr assigned to case. (L,Ja) |
| 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. (L,Ja) |
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