Franke et al v. Norfolk Southern Railway Company et al
| Jeff Franke, Steven Frye and Greg Fish |
| Norfolk Southern Railway Company, Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment, David Ray, Brotherhood of Locomotive Engineers and Trainmen, Norfolk Southern Corporation and International Brotherhood of Teamsters |
| 3:2020cv02152 |
| September 23, 2020 |
| US District Court for the Northern District of Ohio |
| James R Knepp |
| Jack Zouhary |
| Labor: Railway Labor Act |
| 45 U.S.C. § 151 |
| Both |
Docket Report
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This docket was last retrieved on September 23, 2021. A more recent docket listing may be available from PACER.
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Acknowledgment from the USCA for Sixth Circuit of receipt of #34 Notice of Appeal (USCA# 21-3848). Date filed in USCA 9/22/21. (H,SP)
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Filing 37
Transcript Request by Norfolk Southern Railway Company for proceedings held on March 4, 2021 before Judge James R Knepp II, re #34 Notice of Appeal. Court Reporter: Susan Trischan. Transcript required for appeal. (Lewis, John)
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Filing 36
Transcript Request by Brotherhood of Locomotive Engineers and Trainmen for proceedings held on 3/4/2021 before Judge James R. Knepp II, re #34 Notice of Appeal. Court Reporter: Susan Trischan. Transcript required for appeal. (Petroff, D.)
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Filing 35
Transcript Request by Greg Fish, Jeff Franke, Steven Frye for proceedings held on 3/4/2021 before Judge James R. Knepp II, re #34 Notice of Appeal. Court Reporter: Susan Trischan. Transcript required for appeal. (Leizerman, E.J.)
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Filing 34
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #33 Judgment Entry of 8/24/21, filed by Greg Fish, Jeff Franke, Steven Frye. (Filing fee $505, receipt number AOHNDC-11042365) (Leizerman, E.J.)
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Filing 33
Judgment Entry. For the reasons stated in the related #32 Memorandum Opinion and Order issued this same date, the Court ORDERS that Defendants' #22 Motion to Dismiss is GRANTED; Defendant Ray's #23 Motion to Dismiss is DENIED as MOOT; and Defendants' #25 , #26 , #27 Motions to Strike are GRANTED on the basis that the #24 Amended Complaint is futile as to the arguments presented in support of dismissal. Judge James R. Knepp II on 8/24/2021. (S,JM)
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Filing 32
Memorandum Opinion and Order. Defendants' #22 Motion to Dismiss is GRANTED; Defendant Ray's #23 Motion to Dismiss is DENIED as MOOT; and Defendants' #25 , #26 , #27 Motions to Strike are GRANTED on the basis that the #24 Amended Complaint is futile as to the arguments presented in support of dismissal. Judge James R. Knepp II on 8/24/2021. (S,JM)
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Filing 31
Reply in support of #22 Motion to dismiss for failure to state a claim , #26 Motion to strike "Second Amended Complaint", #25 filed by All Defendants. (Lewis, John)
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Order. [non-document] Plaintiffs' #30 Motion for Clarification is denied as moot. The Court's prior order granted Defendants' joint request to file a single reply memorandum to Plaintiffs' omnibus response. Judge James R. Knepp II on 4/12/2021. (S,JM)
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Filing 30
Motion to clarify April 7, 2021 Order filed by Greg Fish, Jeff Franke, Steven Frye. (Leizerman, E.J.)
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Order [non-document] granting Defendants' #29 Motion for Leave to File Reply Memorandum in Support of #22 Motion to Dismiss. Judge James R. Knepp II on 4/7/2021. (S,JM) Corrected document number on 4/9/2021 (S,JM).
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Filing 29
Motion for leave to File Reply Memorandum in Support of Motion to Dismiss filed by Brotherhood of Locomotive Engineers and Trainmen, International Brotherhood of Teamsters, Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment, Norfolk Southern Railway Company, David Ray. Related document(s) #28 . (Lewis, John)
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Filing 28
Response to #23 Motion to dismiss for failure to state a claim , #22 Motion to dismiss for failure to state a claim , #26 Motion to strike "Second Amended Complaint", #25 Motion to strike Second Amended Complaint and Memorandum in Support, #27 Motion to strike Plaintiffs' "Second" Amended Complaint filed by All Plaintiffs. (Attachments: #1 Exhibit A) LCCP Complaint Filed 8/20/20, #2 Exhibit B) Public Law Board Awards, #3 Exhibit C) Public Law Board Award of Jeff E. Franke, #4 Exhibit D) Public Law Board Award of Steven Frye, #5 Exhibit E) Public Law Board Award of Greg Fish)(Leizerman, E.J.)
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Minute Order of Record Telephone Conference [non-document] held on 3/4/2021. Attorney E.J. Leizerman attended for Plaintiffs; Attorneys Dustin M. Dow and John B. Lewis for Defendant Norfolk Southern Railway Company, D. James Petroff for Brotherhood of Locomotive Engineers and Trainmen, George H. Faulkner and Jonah D. Grabelsky for International Brotherhood of Teamsters Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment, and John T. McLandrich for David Ray. Plaintiffs to file omnibus response to Defendants' pending #22 , #23 Motions to Dismiss and #25 , #26 , #27 Motions to Strike on or before 3/31/2021. Judge James R. Knepp II on 3/4/2021. (Court Reporter: Sue Trischan) Time: 30 minutes. (S,JM)
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Order. [non-document] At the request of counsel for Plaintiffs, a Telephone Conference is set for 3/4/2021 at 03:00 PM before Judge James R. Knepp II. The conference will convene on the Court's bridge line with dial-in access information to be provided to counsel in advance of the call. Judge James R. Knepp II on 3/1/2021. (S,JM)
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Filing 27
Motion to strike Plaintiffs' "Second" Amended Complaint filed by Brotherhood of Locomotive Engineers and Trainmen, International Brotherhood of Teamsters, Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment. Related document(s) #24 . (Grabelsky, Jonah)
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Filing 26
Motion to strike "Second Amended Complaint" filed by Defendant David Ray. Related document(s) #24 . (McLandrich, John)
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Filing 25
Motion to strike Second Amended Complaint and Memorandum in Support filed by Defendant Norfolk Southern Railway Company. Related document(s) #24 . (Attachments: #1 Brief in Support Memorandum in Support of Motion to Strike (Second) Amended Complaint)(Lewis, John)
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Filing 24
Amended complaint against All Defendants. Filed by Greg Fish, Steven Frye, Jeff Franke. (Leizerman, E.J.)
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Filing 23
Motion to dismiss for failure to state a claim filed by Defendant David Ray. (Attachments: #1 Brief in Support, #2 Exhibit Zurawski v Douglas)(McLandrich, John)
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Filing 22
Motion to dismiss for failure to state a claim filed by Brotherhood of Locomotive Engineers and Trainmen, International Brotherhood of Teamsters, Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment, Norfolk Southern Railway Company, David Ray. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Defendants' Exhibit and Addenda in Support, #3Exhibit 1 November 16, 2020 Order of Judge James G. Carr in James v. Norfolk Southern, et al., #4 Addendum A National Mediation Board Uniform Procedures for Placement and Retention of Arbitrators, #5 Addendum B NMB Arbitration Contact List, #6 Addendum C NMB Arbitrator Contact List, #7 Addendum D Resume of David N. Ray, #8 Addendum E 2019 NMB Annual Performance and Accountability Report, Railroad Grievance Arbitration Section)(Lewis, John)
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Order [non-document] granting #21 Motion to Withdraw as Attorney. Attorney Jessica R. Doogan removed from case. Judge James R. Knepp II on 1/6/2021. (S,JM)
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Filing 21
Motion by Jessica R. Doogan to withdraw as attorney filed by Defendant Brotherhood of Locomotive Engineers and Trainmen. (Attachments: #1 Proposed Order)(Doogan, Jessica)
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Order [non-document] approving Joint #20 Scheduling Order. Defendants' Motion to Dismiss due by 1/21/2021; Plaintiffs' response thereto due 3/8/2021. Any motion from Defendant Ray regarding immunity is subject to the same filing and response timeframe. District Judge James R. Knepp II on 12/7/2020. (S,JM)
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Case reassigned to District Judge James R. Knepp II pursuant to General Order 2020-26. (B,JL)
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Filing 20
Joint Proposed Scheduling Order filed by Norfolk Southern Railway Company. Related document(s) #19 . (Lewis, John)
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Filing 19
ORDER. Phone Status held on 11/13/20. Court reviewed letters exchanged between the parties (attached) on Plaintiffs' desired Motion to Remand. That Motion is denied. See attached Order for detail. Court reviewed with counsel several alternatives moving forward, and the impact, if any, on similar litigation pending before Judge Carr. Court approved a joint filing of a Motion to Dismiss, and defense counsel agreed to confer with each other and Plaintiffs' counsel, and then submit a proposed briefing schedule with page limits by 11/23/20. (30 min) Judge Jack Zouhary on 11/16/20. (Attachments: #1 Plaintiffs' Letter, #2 Defendants' Letter)(S,Na)
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Filing 18
Amended complaint against All Defendants. Filed by Greg Fish, Steven Frye, Jeff Franke. (Leizerman, E.J.)
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Filing 17
ORDER. Court reviewed Joint Proposed Preliminary Case Schedule (Doc. #16 ). Consistent with Court's Civil Case Management Procedures (Doc. #14 ), in advance of briefing on a motion to remand, counsel shall exchange letters (two-page limit) with each other. Plaintiffs' letter to Defendants due by 10/27/20; Defendants' response to Plaintiffs due by 11/6/20. Counsel shall then forward their respective letters to Chambers by e-mail by 11/11/20. Court will then hold a phone conference with counsel on 11/13/20 at 9:30 AM (District Court conference line) to discuss potential briefing on the motion. Judge Jack Zouhary on 10/19/20. (S,Na)
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Filing 16
Joint Proposed Preliminary Case Schedule filed by Norfolk Southern Railway Company. Related document(s) #15 .(Dow, Dustin)
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Filing 15
ORDER. Initial Phone Status held on 10/2/20. Counsel agreed to confer and submit a proposed preliminary case schedule by 10/16/20. Motion to Dismiss (Doc. #13 ) is denied without prejudice. Counsel shall comply with Civil Case Management Procedures (Doc. #14 ). (30 min) Judge Jack Zouhary on 10/5/20. (S,Na)
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NOTICE [non-document] of Initial Phone Status set for 10/2/20 at 8:45 AM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na)
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Filing 14
Civil Case Management Procedures Order. Judge Jack Zouhary on 9/30/2020. (M,L)
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Filing 13
Motion to dismiss Plaintiffs' Complaint filed by Defendant Norfolk Southern Railway Company. Related document(s) #1 . (Attachments: #1 Brief in Support Memorandum in Support of Motion to Dismiss, #2 Appendix Addenda to Memorandum in Support, #3 Exhibit Addendum A - NMB Uniform Procedures, #4 Exhibit Addendum B - NMB Arbitration Services Personal Data Sheet, #5 Exhibit Addendum C - NMB Arbitrator Contact List, #6 Exhibit Addendum D - Resume of David N. Ray from NMB Website, #7 Exhibit Addendum E - 2019 NMB Annual Performance and Accountability Report)(Lewis, John)
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Filing 12
Motion for extension/enlargement of time until October 21, 2020 to answer , move or plead to complaint filed by Defendant David Ray. (McLandrich, John)
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Order [non-document] granting #12 Motion for extension of time until October 21, 2020 to answer, move or plead to complaint. David Ray - Answer now due 10/21/2020. Judge Jack Zouhary on 9/30/2020.(D,L)
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Order [non-document] granting #11 Unopposed Motion for extension of time until 10-30-2020 to answer Complaint. International Brotherhood of Teamsters - Answer now due 10/30/2020; Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment - Answer now due 10/30/2020. Judge Jack Zouhary on 9/30/2020.(D,L)
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Filing 11
Unopposed Motion for extension of time until 10-30-2020 to answer Complaint filed by International Brotherhood of Teamsters, Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment. (Grabelsky, Jonah)
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Order [non-document] granting #10 Unopposed Motion for extension of time until 10/30/2020 to answer Complaint. Brotherhood of Locomotive Engineers and Trainmen - Answer now due 10/30/2020. Judge Jack Zouhary on 9/28/2020.(D,L)
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Filing 10
Unopposed Motion for extension of time until 10/30/2020 to answer Complaint filed by Defendant Brotherhood of Locomotive Engineers and Trainmen. (Doogan, Jessica)
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Filing 9
Attorney Appearance by Jonah D. Grabelsky filed by on behalf of International Brotherhood of Teamsters, Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment. (Grabelsky, Jonah)
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Filing 8
Attorney Appearance by Joseph D. Mando filed by on behalf of International Brotherhood of Teamsters, Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment. (Mando, Joseph)
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Filing 7
Attorney Appearance by George H. Faulkner filed by on behalf of International Brotherhood of Teamsters, Norfolk Southern Northern Lines, Wheeling and Lake Erie General Committee of Adjustment. (Faulkner, George)
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Filing 6
Attorney Appearance by Jessica R. Doogan filed by on behalf of Brotherhood of Locomotive Engineers and Trainmen. (Doogan, Jessica)
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Filing 5
Attorney Appearance by Sarah E. Ingles filed by on behalf of Brotherhood of Locomotive Engineers and Trainmen. (Ingles, Sarah)
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Filing 4
Attorney Appearance by Joshua D. McInerney filed by on behalf of Brotherhood of Locomotive Engineers and Trainmen. (McInerney, Joshua)
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Filing 3
Attorney Appearance by D. James Petroff filed by on behalf of Brotherhood of Locomotive Engineers and Trainmen. (Petroff, D.)
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Filing 2
Magistrate Consent Form issued. (L,MI)
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Filing 1
Notice of Removal from Lucas County Common Pleas Court, case number G-4801-CI-0202002825-000 with jury demand, Filing fee paid $ 400, receipt number AOHNDC-10287728. Filer has indicated that case may be related to pending civil action 3:19-cv-01498. Filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - Lucas County Complaint, #2 Civil Cover Sheet) (Lewis, John)
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Judge Jack Zouhary assigned to case. (L,MI)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (L,MI)
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