International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division et al v. Norfolk Southern Railway Company
Plaintiff: International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division, Smart-TD GCA-680 and Smart-TD GCA-898
Defendant: Norfolk Southern Railway Company
Counter Defendant: Smart-TD General Committee of Adjustments GO-169 and Smart-TD GCA-687
Case Number: 1:2021cv01870
Filed: September 30, 2021
Court: US District Court for the Northern District of Ohio
Presiding Judge: Solomon Oliver
Referring Judge: David A Ruiz
Nature of Suit: Labor: Railway Labor Act
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question: Railway Labor Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 28, 2022 Opinion or Order 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)
July 28, 2022 Opinion or Order 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)
July 28, 2022 Opinion or Order 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)
July 20, 2022 Filing 27 Jointly Proposed Schedule filed by Norfolk Southern Railway Company. Related document(s) #26 .(Lewis, John)
June 16, 2022 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)
June 10, 2022 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)
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)
March 14, 2022 Filing 23 Joint Status Report filed by Norfolk Southern Railway Company. Related document(s) #22 .(Lewis, John)
February 28, 2022 Opinion or Order 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)
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 Thomas M. Parker. (S,HR)
February 22, 2022 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)
February 22, 2022 Case reassigned to District Judge Bridget Meehan Brennan pursuant to General Order 2022-04. (S,HR)
February 7, 2022 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)
January 26, 2022 Opinion or Order 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)
January 19, 2022 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)
January 10, 2022 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)
January 4, 2022 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)
December 27, 2021 Opinion or Order 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)
December 27, 2021 Opinion or Order 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)
December 10, 2021 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)
December 10, 2021 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)
November 17, 2021 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)
November 11, 2021 Filing 13 Declaration to Replace Doc # 10-2 Declaration of Andrew Shepard filed by Norfolk Southern Railway Company. Related document(s) #10 . (Lewis, John)
November 11, 2021 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).
November 10, 2021 Filing 11 Opposition to #4 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 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)
November 10, 2021 Filing 9 Answer to #1 Complaint, Additional Defenses and, Counterclaim against All Plaintiffs filed by Norfolk Southern Railway Company. (Lewis, John)
November 5, 2021 Opinion or Order 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)
November 4, 2021 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)
November 4, 2021 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)
November 1, 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. 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)
October 29, 2021 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)
October 29, 2021 Filing 5 Attorney Appearance by John B. Lewis filed by on behalf of Norfolk Southern Railway Company. (Lewis, John)
October 27, 2021 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)
September 30, 2021 Filing 3 Errata filed by All Plaintiffs. Related document(s) #1 . (Attachments: #1 Exhibit A-Corrected Cover Sheet)(Diehl-Gibbons, Erika)
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) (L,Ja)
September 30, 2021 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)
September 30, 2021 Judge Solomon Oliver, Jr assigned to case. (L,Ja)
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. (L,Ja)

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Search for this case: International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division et al v. Norfolk Southern Railway Company
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Plaintiff: International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division
Represented By: Erika A. Diehl-Gibbons
Represented By: Kevin C. Brodar
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Plaintiff: Smart-TD GCA-680
Represented By: Erika A. Diehl-Gibbons
Represented By: Kevin C. Brodar
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Plaintiff: Smart-TD GCA-898
Represented By: Erika A. Diehl-Gibbons
Represented By: Kevin C. Brodar
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Counter defendant: Smart-TD General Committee of Adjustments GO-169
Represented By: Erika A. Diehl-Gibbons
Represented By: Kevin C. Brodar
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Counter defendant: Smart-TD GCA-687
Represented By: Erika A. Diehl-Gibbons
Represented By: Kevin C. Brodar
Represented By: Shawn M. McKinley
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Defendant: Norfolk Southern Railway Company
Represented By: Andrew J. Rolfes
Represented By: Dustin M. Dow
Represented By: John B. Lewis
Represented By: Joseph P. Sirbak, II
Represented By: Robert S. Hawkins
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