BNSF Railway Company v. International Association of Sheet Metal Air Rail and Transportation Workers et al
| BNSF Railway Company |
| International Association of Sheet Metal Air Rail and Transportation Workers and Brotherhood of Locomotive Engineers and Trainmen |
| 4:2022cv00052 |
| January 13, 2022 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Labor: Railway Labor Act |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on March 8, 2022. A more recent docket listing may be available from PACER.
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Filing 60
ORDER: The Joint Report shall be filed on or before March 28, 2022. (Ordered by Judge Mark Pittman on 3/8/2022) (mmw)
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Filing 59
OPINION & ORDER: The Court concludes that BNSF has established the four essential elements for a preliminary injunction. The Court therefore GRANTS BNSF's Motion for a Preliminary Injunction (ECF No. #39 ) and DENIES the Unions' Motions for Preliminary Injunction (ECF Nos. #44 #45 ). see order (Ordered by Judge Mark Pittman on 2/22/2022) (mmw)
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Filing 58
REPLY filed by International Association of Sheet Metal Air Rail and Transportation Workers re: #45 MOTION for Injunction (Denison, Sanford)
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Filing 57
REPLY filed by Brotherhood of Locomotive Engineers and Trainmen re: #44 MOTION for Injunction (Attachments: #1 BLET's Appendix for its Reply in Support of its Motion for a Preliminary Injunction) (Petroff, Dimitre)
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Filing 56
Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on 1.24.22 before Judge Mark Pittman. Court Reporter/Transcriber Zoie Williams, Telephone number 817.850.6630. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (95 pages) Redaction Request due 3/3/2022. Redacted Transcript Deadline set for 3/14/2022. Release of Transcript Restriction set for 5/11/2022. (zow)
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Filing 55
REPLY filed by BNSF Railway Company re: #39 MOTION for Injunction (Cawyer, Russell)
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Filing 54
Appendix in Support filed by BNSF Railway Company re #53 Response/Objection Response in Opposition to Defendants' Motions for Preliminary Injunction (Attachments: #1 Declaration(s) Second Supplemental Declaration of Salvator Macedonio) (Cawyer, Russell)
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Filing 53
RESPONSE filed by BNSF Railway Company re: #44 MOTION for Injunction , #45 MOTION for Injunction (Cawyer, Russell)
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Filing 52
ORDER: The Court GRANTS BNSF Railway Company's #47 Motion to Extend Temporary Restraining Order. The Court further ORDERS that the #30 Temporary Restraining Order issued by the Court on 1/25/2022 is EXTENDED for the first time for a period of 14 days. As such, the Temporary Restraining Order will expire on 2/22/2022. See FED. R. CIV. P. 65(b)(2). The Court further concludes that the current bond is sufficient and will not be increased. (Ordered by Judge Mark Pittman on 2/8/2022) (twd)
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Filing 51
Appendix in Support filed by International Association of Sheet Metal Air Rail and Transportation Workers re #50 Response/Objection to BNSF's #39 Motion For Preliminary Injunction (Denison, Sanford)
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Filing 50
RESPONSE filed by International Association of Sheet Metal Air Rail and Transportation Workers re: #39 MOTION for Injunction (Denison, Sanford)
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Filing 49
RESPONSE filed by Brotherhood of Locomotive Engineers and Trainmen re: #39 MOTION for Injunction (Attachments: #1 Appendix in Support of BLET's Opposition to BNSF's Motion for Preliminary Injunction) (Petroff, Dimitre)
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Filing 48
ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Telephone Conference held on 2/7/2022. Attorney Appearances: Plaintiff - David Pryor, Donald Munro, Russell Cawyer; Defense - Sanford Denison, Erika Diehl-Gibbons, Dimitre Petroff, Rod Tanner, Joshua McInerney. (Court Reporter: Zoie Williams) (No exhibits) Time in Court - :15. (chmb)
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Filing 47
MOTION to Extend Time Motion to Extend Temporary Restraining Order and Brief in Support filed by BNSF Railway Company with Brief/Memorandum in Support. (Cawyer, Russell)
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Filing 46
Brief/Memorandum in Support filed by International Association of Sheet Metal Air Rail and Transportation Workers re #45 MOTION for Injunction (Attachments: #1 Declaration(s) of Joseph Michael LaPresta with Attached Exhibits "G" through "I") (Denison, Sanford)
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Filing 45
MOTION for Injunction filed by International Association of Sheet Metal Air Rail and Transportation Workers (Denison, Sanford)
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Filing 44
MOTION for Injunction filed by Brotherhood of Locomotive Engineers and Trainmen (Attachments: #1 Memorandum in Support of BLET's Motion for Preliminary Injunction) (Petroff, Dimitre)
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Filing 43
ELECTRONIC ORDER granting #42 Application for Admission Pro Hac Vice of Erika A. Diehl-Gibbons. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 2/2/2022) (chmb) (lcarm)
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Filing 42
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Erika A. Diehl-Gibbons (Filing fee $100; Receipt number 0539-12570268) filed by International Association of Sheet Metal Air Rail and Transportation Workers (Attachments: #1 Proposed Order Granting Application of Erika A. Diehl-Gibbons for Admission Pro Hac Vice) (Denison, Sanford)
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Filing 41
Appendix in Support filed by BNSF Railway Company re #40 Breif in Support of #39 MOTION for Injunction (Cawyer, Russell) Modified link on 2/1/2022 (mmw).
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Filing 40
Brief/Memorandum in Support filed by BNSF Railway Company re #39 MOTION for Injunction (Cawyer, Russell)
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Filing 39
MOTION for Injunction filed by BNSF Railway Company (Cawyer, Russell)
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Filing 38
AMENDED ANSWER to #5 Amended Complaint,, filed by Brotherhood of Locomotive Engineers and Trainmen Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice., COUNTERCLAIM against BNSF Railway Company filed by Brotherhood of Locomotive Engineers and Trainmen (Petroff, Dimitre)
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Filing 37
SCHEDULING ORDER: The Court ORDERS Defendants to file their respective Motions for Preliminary Injunction and Brief in Support on or before 2/02/2022. The Court further ORDERS Plaintiff to file their Response Brief to Defendants' Motions for Preliminary Injunction on or before 2/8/2022. The Court further ORDERS Defendants to file their Reply Briefs to Plaintiff's Response, if any, on or before 2/11/2022. Defendants' Reply Briefs shall not contain any additional evidence. (Ordered by Judge Mark Pittman on 1/28/2022) (twd)
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Filing 36
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by International Association of Sheet Metal Air Rail and Transportation Workers. (Denison, Sanford)
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Filing 35
ANSWER to #5 Amended Complaint,, filed by International Association of Sheet Metal Air Rail and Transportation Workers. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice., COUNTERCLAIM against BNSF Railway Company filed by International Association of Sheet Metal Air Rail and Transportation Workers (Denison, Sanford)
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Filing 34
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Brotherhood of Locomotive Engineers and Trainmen. (Petroff, Dimitre)
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Filing 33
ANSWER to #5 Amended Complaint,, filed by Brotherhood of Locomotive Engineers and Trainmen. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice., COUNTERCLAIM against BNSF Railway Company filed by Brotherhood of Locomotive Engineers and Trainmen (Petroff, Dimitre)
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Filing 32
Surety Bond in the amount of $150,000.00 posted by BNSF Railway Company. (mmw)
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Filing 31
SCHEDULING ORDER: The Court ORDERS Plaintiff to file its Motion for Preliminary Injunction and Brief in Support on or before January 31, 2022. The Court further ORDERS Defendants to file their Response Brief to Plaintiff's Motion for Preliminary Injunction on or before February 7, 2022. The Court further ORDERS that Plaintiff may file its Reply Brief to Defendants' Response, if any, on or before February 10, 2022. Should any of the Parties seek an evidentiary hearing on the Motion for a Preliminary Injunction, they shall file a notice with the Court on or before February 11, 2022. The Court further ORDERS that, if an evidentiary hearing on Plaintiff's Motion for Preliminary Injunction is necessary, it will be held at 9:00 a.m. on Monday, February 14, 2022. (Ordered by Judge Mark Pittman on 1/25/2022) (bdb)
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Filing 30
ORDER: The Court therefore GRANTS BNSF Railway Company's Motion for Temporary Restraining Order (ECF No. #6 ). (Ordered by Judge Mark Pittman on 1/25/2022) (mmw)
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Filing 29
WAIVER OF SERVICE Returned Executed as to Brotherhood of Locomotive Engineers and Trainmen. Waiver sent on 1/21/2022. (Cawyer, Russell)
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Filing 27
ELECTRONIC ORDER granting #26 Application for Admission Pro Hac Vice of James Petroff. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 1/25/2022) (chmb) (lcarm)
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Filing 26
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; receipt no. 0539-12542120.) filed by Brotherhood of Locomotive Engineers and Trainmen (Attachments: #1 Proposed Order)Attorney Dimitre James Petroff added to party Brotherhood of Locomotive Engineers and Trainmen(pty:dft) (Petroff, Dimitre) Modified filing fee per attorney on 1/25/2022 (jmg).
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Filing 28
ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Motion Hearing held on 1/24/2022 re #6 Motion for TRO filed by BNSF Railway Company. Attorney Appearances: Plaintiff - David Pryor, Donald Munro, Russell Cawyer, Taylor Winn; Defense - Sanford Denison, Kevin Brodar, Dimitre James Petroff, Rod Tanner. (Court Reporter: Zoie Williams) (No exhibits) Time in Court - 1:30. (chmb)
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Filing 25
Appendix in Support filed by BNSF Railway Company re #24 Brief/Memorandum in Support of Motion (Cawyer, Russell)
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Filing 24
Plaintiff's Reply Brief filed by BNSF Railway Company re #6 MOTION for Temporary Restraining Order (Cawyer, Russell) Modified docket text per PDF on 1/25/2022 (mmw).
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Filing 23
NOTICE of Attorney Appearance by Sanford R Denison for Kevin C Brodar and Erika A. Diehl-Gibbons on behalf of International Association of Sheet Metal Air Rail and Transportation Workers. (Denison, Sanford)
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Filing 22
RESPONSE filed by International Association of Sheet Metal Air Rail and Transportation Workers re: #6 MOTION for Temporary Restraining Order (Attachments: #1 Affidavit(s) For Jeremy Ferguson) (Denison, Sanford)
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Filing 21
Appendix in Support filed by Brotherhood of Locomotive Engineers and Trainmen re #20 Response/Objection (Tanner, Rod)
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Filing 20
RESPONSE filed by Brotherhood of Locomotive Engineers and Trainmen re: #6 MOTION for Temporary Restraining Order (Tanner, Rod)
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Filing 19
New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (mmw)
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Case Reassigned to Judge Mark Pittman per 17 Electronic Order. Judge Reed C. O'Connor no longer assigned to the case. (mmw)
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Filing 18
ORDER: The Court ORDERS that a hearing regarding the Motion for Temporary Restraining Order will be held at 10:00 a.m. on Monday, January 24, 2022, in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. (Ordered by Judge Mark Pittman on 1/20/2022) (chmb) (lcarm)
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Filing 17
ELECTRONIC ORDER: This case shall be reassigned to the docket of the Honorable Mark Pittman for all purposes. (Ordered by Judge Reed C. O'Connor on 1/20/2022) (Judge Reed C. O'Connor)
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Filing 16
New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (mmw)
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Filing 15
ORDER OF TRANSFER: It is therefore ORDERED that this case be transferred to the United States District Court for the Northern District of Texas, Fort Worth Division, at Fort Worth, Texas. The Order setting a hearing on the Motion for Temporary Restraining Order (ECF No. #11 ) is hereby VACATED. (Ordered by Chief Judge Barbara M. G. Lynn on 1/20/2022) (ykp)
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Filing 14
NOTICE of Attorney Appearance by Rod Tanner on behalf of Brotherhood of Locomotive Engineers and Trainmen. (Filer confirms contact info in ECF is current.) (Tanner, Rod)
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NEW CASE NUMBER 4:22-cv-00052-O BNSF Railway Company v. International Association of Sheet Metal Air Rail and Transportation Workers et al has been opened following the order of transfer entered in case number 3:22-cv-00083-M. Future filings should reflect only the new case number and be directed to the proper division (see LR 5.1(a)). Clerk to complete new case processing and mail notice of this entry to any party who did not receive it electronically. (twd)
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Filing 13
Appendix in Support filed by BNSF Railway Company re #12 Response/Objection to Order to Show Cause (Cawyer, Russell)
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Filing 12
RESPONSE filed by BNSF Railway Company re: #10 Order to Show Cause/Order to Answer (Cawyer, Russell)
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Filing 11
***VACATED PER ORDER, DOC. #15 *** ORDER: Before the Court is Plaintiff's Motion for Temporary Restraining Order. ECF No. #6 . The Motion is SET for hearing on 1/24/2022, at 1 p.m. CST, via Zoom. The Zoom link will be emailed to counsel when it becomes available. Plaintiff shall provide notice of the hearing and the Zoom link to anyone Plaintiff believes is representing Defendants in this dispute. In light of the Motion for Temporary Restraining Order, Plaintiff shall respond to the Court's January 18, 2022, Show Cause Order regarding venue (ECF No. #10 ) by 5 p.m. CST on 1/21/2022. (Ordered by Chief Judge Barbara M. G. Lynn on 1/19/2022) (ndt) Modified on 1/20/2022 (ctf).
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Filing 10
SHOW CAUSE ORDER: Plaintiff is ORDERED to show cause by 1/25/2022, why this lawsuit is properly filed in the Dallas Division of the Northern District of Texas. (Ordered by Chief Judge Barbara M. G. Lynn on 1/18/2022) (ykp)
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Filing 9
NOTICE of Plaintiff's Certificate of Compliance with Fed. R. Civ. P. 65(b) re: #6 MOTION for Temporary Restraining Order filed by BNSF Railway Company (Cawyer, Russell)
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Filing 8
Appendix in Support filed by BNSF Railway Company re #6 MOTION for Temporary Restraining Order (Cawyer, Russell)
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Filing 7
Brief/Memorandum in Support filed by BNSF Railway Company re #6 MOTION for Temporary Restraining Order (Cawyer, Russell)
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Filing 6
MOTION for Temporary Restraining Order filed by BNSF Railway Company (Attachments: #1 Proposed Order) (Cawyer, Russell)
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Filing 5
AMENDED COMPLAINT against Brotherhood of Locomotive Engineers and Trainmen, International Association of Sheet Metal Air Rail and Transportation Workers filed by BNSF Railway Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Cawyer, Russell)
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Filing 4
Court Request for Recusal: Senior Judge A. Joe Fish recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Chief Judge Barbara M. G. Lynn for all further proceedings. Future filings should indicate the case number as: 3:22-cv-83-M. (ctf)
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Filing 3
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ndt)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by BNSF Railway Company. (Cawyer, Russell)
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Filing 1
COMPLAINT against Brotherhood of Locomotive Engineers and Trainmen, International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division filed by BNSF Railway Company. (Filing fee $402; Receipt number 0539-12521342) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Cawyer, Russell)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Thu Jan 13 14:52:32 CST 2022 (crt)
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| Counter defendant: BNSF Railway Company | |
| Represented By: | Donald J Munro |
| Represented By: | David M Pryor |
| Represented By: | Russell D Cawyer |
| Represented By: | Taylor J Winn |
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| Counter claimant: International Association of Sheet Metal Air Rail and Transportation Workers | |
| Represented By: | Sanford R Denison |
| Represented By: | Erika A Diehl-Gibbons |
| Represented By: | Kevin C Brodar |
| Represented By: | Shawn M McKinley |
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| Counter claimant: Brotherhood of Locomotive Engineers and Trainmen | |
| Represented By: | Rod Tanner |
| Represented By: | Dimitre James Petroff |
| Represented By: | Joshua David McInerney |
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