BNSF Railway Company v. Brotherhood of Locomotive Engineers and Trainmen et al
| BNSF Railway Company |
| Brotherhood of Locomotive Engineers and Trainmen and International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division |
| Brotherhood of Locomotive Engineers and Trainmen and International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division |
| BNSF Railway Company |
| 4:2026cv00832 |
| July 8, 2026 |
| U.S. District Court for the Northern District of Texas |
| Mark Pittman |
| Labor: Railway Labor Act |
| 45 U.S.C. § 151 Railway Labor Act |
| None |
Docket Report
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This docket was last retrieved on July 23, 2026. A more recent docket listing may be available from PACER.
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| Filing 33 Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on July 16, 2026 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or [email protected]. 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. (20 pages) Redaction Request due 8/13/2026. Redacted Transcript Deadline set for 8/24/2026. Release of Transcript Restriction set for 10/21/2026. (mwg) |
| Filing 32 ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Motion Hearing held on 7/16/2026 re: #10 MOTION for Temporary Restraining Order, #16 STIPULATION, and #29 Joint Stipulation of Dismissal / NOTICE of Dismissal. Attorney Appearances: Plaintiff - Russell D Cawyer, Aaron Samuels Markel, Koree B Wooley; Defense - Joshua David McInerney, Christopher Sean Peifer, Dimitre James Petroff, Erika A Diehl-Gibbons, Shawn M McKinley, Sanford R Denison. (Court Reporter: Monica Guzman) (No exhibits) Time in Court - :20. (chmb) |
Filing 31
ORDER: Before the Court is the Parties #29 Joint Stipulation of Dismissal. Having reviewed the Motion, the Court hereby GRANTS the Motion. All claims in this case are DISMISSED without prejudice. This is a FINAL JUDGMENT for purposes of appeal. (Ordered by Judge Mark Pittman on 7/16/2026) (jnp)
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Filing 30
ORDER: The Court ORDERS that a hearing regarding the Motion #29 is SET for Thursday, July 16, 2026, at 10:00 a.m. in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. The Court further ORDERS that ALL COUNSEL of record attend the hearing in person. (Ordered by Judge Mark Pittman on 7/14/2026) (hcc)
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| Filing 29 Joint Stipulation of Dismissal / NOTICE of Dismissal Jointly Filed by the Parties filed by BNSF Railway Company (Wooley, Koree) Modified docket text per document on 7/14/2026 (hcc). |
| Filing 28 Appendix in Support filed by Brotherhood of Locomotive Engineers and Trainmen re #22 MOTION for Temporary Restraining Order and a Preliminary Injunction (McInerney, Joshua) |
| Filing 27 Brief/Memorandum in Support filed by International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division re #26 MOTION for Temporary Restraining Order And Preliminary Injunction (Denison, Sanford) |
| Filing 26 MOTION for Temporary Restraining Order And Preliminary Injunction filed by International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division (Denison, Sanford) |
| Filing 25 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division. (Clerk QC note: No affiliate entered in ECF). (Denison, Sanford) |
| Filing 24 ANSWER to #1 Complaint,,,,, filed by International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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 FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF UNDER THE RAILWAY LABOR ACT against BNSF Railway Company filed by International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division (Attachments: #1 Exhibit(s) A - 1996 Nat. Agreement, Art XI and Side Letter No. 11, #2 Exhibit(s) B - 2022 MRL Implementing Agreement, #3 Exhibit(s) C - BNSF June 15, 2026 Enhanced Customer Service Notice and Attachments, #4 Exhibit(s) D - 7.8.26 Side Letter No. 11 Conference Request BNSF Notice Affecting Former MRL Pool Service and BNSF Notice, #5 Exhibit(s) E - Binau Award - Enhanced Customer Service, #6 Exhibit(s) F - Quinn Award - Enhanced Customer Service)Attorney Sanford R Denison added to party International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division(pty:dft) (Denison, Sanford) |
| Filing 23 Brief/Memorandum in Support filed by Brotherhood of Locomotive Engineers and Trainmen re #22 MOTION for Temporary Restraining Order and a Preliminary Injunction and Response to BNSF's Motion for TRO (Doc #10) (McInerney, Joshua) |
| Filing 22 MOTION for Temporary Restraining Order and a Preliminary Injunction filed by Brotherhood of Locomotive Engineers and Trainmen (McInerney, Joshua) |
| Filing 21 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Brotherhood of Locomotive Engineers and Trainmen. (Clerk QC note: No affiliate entered in ECF). (McInerney, Joshua) |
| Filing 20 ANSWER to #1 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 and Instructions 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 FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, DECLARATORY RELIEF AND DAMAGES against BNSF Railway Company filed by Brotherhood of Locomotive Engineers and Trainmen (Attachments: #1 BLET Appendix) (McInerney, Joshua) |
| Filing 19 SUMMONS Returned Executed as to International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division ; served on 7/9/2026. (Cawyer, Russell) |
| Filing 18 SUMMONS Returned Executed as to Brotherhood of Locomotive Engineers and Trainmen ; served on 7/9/2026. (Cawyer, Russell) |
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Filing 17
ORDER: Before the Court is Plaintiff BNSF Railway Company's #10 Motion for Temporary Restraining Order and/or Preliminary Injunction. Also before the Court is the Parties #16 Stipulated Request for Briefing Schedule. Accordingly, the Court ORDERS Defendant to file any cross motion by July 10, 2026. Responses due by 7/13/2026. Replies due by 7/15/2026. The Court also ORDERS that a hearing regarding the Motion be held on Thursday, July 16, 2026, at 10:00 a.m. in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse. The Court further ORDERS that all Parties send a client representative to the hearing. (Ordered by Judge Mark Pittman on 7/9/2026) (jnp)
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| Filing 16 STIPULATION Stipulated Request For Briefing Schedule And Hearing On Plaintiffs Motion For Temporary Restraining Order and/or Preliminary Injunction by BNSF Railway Company, Brotherhood of Locomotive Engineers and Trainmen, International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division. (Cawyer, Russell) Modified filers and event to motion on 7/9/2026 (jnp). |
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Filing 15
ELECTRONIC ORDER granting #14 Application for Admission Pro Hac Vice of Aaron S. Markel. 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 7/9/2026) (chmb)
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| Filing 14 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16597856) filed by BNSF Railway Company (Attachments: #1 Proposed Order) (Markel, Aaron) |
| Filing 13 CERTIFICATE of Conference re #10 MOTION for Temporary Restraining Order BNSF Railway Company's Motion for Temporary Restraining Order and/or Preliminary Injunction Certificate of Compliance with Federal Rules of Civil Procedure 65(b) by Russell D Cawyer on behalf of BNSF Railway Company (Cawyer, Russell) |
| Filing 12 Appendix in Support filed by BNSF Railway Company re #10 MOTION for Temporary Restraining Order BNSF Railway Company's Motion for Temporary Restraining Order and/or Preliminary Injunction (Cawyer, Russell) |
| Filing 11 Brief/Memorandum in Support filed by BNSF Railway Company re #10 MOTION for Temporary Restraining Order BNSF Railway Company's Motion for Temporary Restraining Order and/or Preliminary Injunction (Cawyer, Russell) |
| Filing 10 MOTION for Temporary Restraining Order BNSF Railway Company's Motion for Temporary Restraining Order and/or Preliminary Injunction filed by BNSF Railway Company (Cawyer, Russell) |
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Filing 9
ELECTRONIC ORDER granting #6 Application for Admission Pro Hac Vice of Koree B. Wooley. 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 7/8/2026) (chmb)
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| Filing 8 Summons Issued as to Brotherhood of Locomotive Engineers and Trainmen, International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division. (saw) |
| Filing 7 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. All counsel and unrepresented parties are also reminded of the judge-specific requirement that they read and abide by (1) Dondi Properties Corp. v. Commerce Savings & Loan Assoc., 121 F.R.D. 284 (N.D. Tex. 1988);(2) the Local Civil Rules of the United States District Court for the Northern District of Texas;(3) the Texas Lawyers Creed;(4) the Texas Disciplinary Rules of Professional Conduct;and (5) Judge-Specific Requirements of Judge Pittman. (saw) |
| Filing 6 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-16596607) filed by BNSF Railway Company (Attachments: #1 Proposed Order For Admission Pro Hac Vice) (Wooley, Koree) |
| Filing 5 Request for Clerk to issue Summons filed by BNSF Railway Company. (Cawyer, Russell) |
| Filing 4 Request for Clerk to issue Summons filed by BNSF Railway Company. (Cawyer, Russell) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by BNSF Railway Company. (Clerk QC note: Affiliate entry indicated). (Cawyer, Russell) |
| Filing 2 Appendix in Support filed by BNSF Railway Company re #1 Complaint,,,,, (Cawyer, Russell) |
| 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 $405; Receipt number ATXNDC-16595800) Plaintiff will submit summons(es) for issuance. 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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| Search for this case: BNSF Railway Company v. Brotherhood of Locomotive Engineers and Trainmen et al | |
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| Plaintiff: BNSF Railway Company | |
| Represented By: | Koree B Wooley |
| Represented By: | Russell D Cawyer |
| Represented By: | Aaron Samuels Markel |
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| Defendant: Brotherhood of Locomotive Engineers and Trainmen | |
| Represented By: | Dimitre James Petroff |
| Represented By: | Christopher Sean Peifer |
| Represented By: | Joshua David McInerney |
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| Defendant: International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division | |
| Represented By: | Sanford R Denison |
| Represented By: | Shawn M McKinley |
| Represented By: | Erika A Diehl-Gibbons |
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| Counter-claimant: Brotherhood of Locomotive Engineers and Trainmen | |
| Represented By: | Dimitre James Petroff |
| Represented By: | Christopher Sean Peifer |
| Represented By: | Joshua David McInerney |
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| Counter-claimant: International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division | |
| Represented By: | Sanford R Denison |
| Represented By: | Shawn M McKinley |
| Represented By: | Erika A Diehl-Gibbons |
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| Counter-defendant: BNSF Railway Company | |
| Represented By: | Koree B Wooley |
| Represented By: | Aaron Samuels Markel |
| Represented By: | Russell D Cawyer |
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