Bro Maintenance Way v. Atchison, Topeka, et al

Federal Civil Lawsuit Illinois Central District Court, Case No. 1:96-cv-01515-JBM
District Judge Joe Billy McDade, presiding
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District Judge Joe Billy McDade
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Summary

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Parties
No Logo Brotherhood of Maintenance of Way Employes, Plaintiff

Represented by HARVEY & STUCKEL

Name Phone Fax E-Mail
Space David W Stuckel +1 309 671 4900 +1 309 671 5473 dstuckel@hslaw.us

Represented by Law Offices of John O'Brien Clarke , Jr.

Name Phone Fax E-Mail
Space John O'Brien Clarke, Jr. +1 202 296 8500 +1 202 296 7143 jclarke@highsaw.com
Space Richard S Edelman +1 202 296 8500
No Logo Atchison, Topkea and Santa Fe Railway Co., Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Joanna L. Moorhead +1 202 906 3000

Represented by DUNN, LEE & KEARY

Name Phone Fax E-Mail
Space David P. Lee +1 949 916 1600

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
Space Cheryl G Bluth +1 309 676 0400 +6763 676 676 3374
Space Bradford B Ingram +1 309 676 0400 +1 309 676 3374 bingram@heylroyster.com

Represented by sheagardner.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Ralph J. Moore +1 202 828 2000
Space Donald J. Munro +1 202 828 2000 +1 202 828 2195 dmunro@sheagardner.com
No Logo Burlington Northern Railroad Company, Inc., Counter-Claimant
Officially listed as "Burlington Northern Railroad Company"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Joanna L. Moorhead +1 202 906 3000

Represented by DUNN, LEE & KEARY

Name Phone Fax E-Mail
Space David P. Lee +1 949 916 1600

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
Space Cheryl G Bluth +1 309 676 0400 +6763 676 676 3374
Space Bradford B Ingram +1 309 676 0400 +1 309 676 3374 bingram@heylroyster.com

Represented by sheagardner.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Ralph J. Moore +1 202 828 2000
Space Donald J. Munro +1 202 828 2000 +1 202 828 2195 dmunro@sheagardner.com
No Logo Consolidated Rail Corporation, Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Joanna L. Moorhead +1 202 906 3000

Represented by DUNN, LEE & KEARY

Name Phone Fax E-Mail
Space David P. Lee +1 949 916 1600

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
Space Cheryl G Bluth +1 309 676 0400 +6763 676 676 3374
Space Bradford B Ingram +1 309 676 0400 +1 309 676 3374 bingram@heylroyster.com

Represented by sheagardner.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Ralph J. Moore +1 202 828 2000
Space Donald J. Munro +1 202 828 2000 +1 202 828 2195 dmunro@sheagardner.com
No Logo Csx Transportation, Inc., Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Joanna L. Moorhead +1 202 906 3000

Represented by DUNN, LEE & KEARY

Name Phone Fax E-Mail
Space David P. Lee +1 949 916 1600

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
Space Cheryl G Bluth +1 309 676 0400 +6763 676 676 3374
Space Bradford B Ingram +1 309 676 0400 +1 309 676 3374 bingram@heylroyster.com

Represented by sheagardner.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Ralph J. Moore +1 202 828 2000
Space Donald J. Munro +1 202 828 2000 +1 202 828 2195 dmunro@sheagardner.com
Union Pacific Railroad Company Union Pacific Railroad Company, Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Joanna L. Moorhead +1 202 906 3000

Represented by DUNN, LEE & KEARY

Name Phone Fax E-Mail
Space David P. Lee +1 949 916 1600

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
Space Cheryl G Bluth +1 309 676 0400 +6763 676 676 3374
Space Bradford B Ingram +1 309 676 0400 +1 309 676 3374 bingram@heylroyster.com

Represented by sheagardner.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Ralph J. Moore +1 202 828 2000
Space Donald J. Munro +1 202 828 2000 +1 202 828 2195 dmunro@sheagardner.com
v.
No Logo Atchison, Topkea and Santa Fe Railway Co., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Joanna L. Moorhead +1 202 906 3000

Represented by DUNN, LEE & KEARY

Name Phone Fax E-Mail
Space David P. Lee +1 949 916 1600

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
Space Cheryl G Bluth +1 309 676 0400 +6763 676 676 3374
Space Bradford B Ingram +1 309 676 0400 +1 309 676 3374 bingram@heylroyster.com

Represented by sheagardner.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Ralph J. Moore +1 202 828 2000
Space Donald J. Munro +1 202 828 2000 +1 202 828 2195 dmunro@sheagardner.com
No Logo Burlington Northern Railroad Company, Inc., Defendant
Officially listed as "Burlington Northern Railroad Company"

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Joanna L. Moorhead +1 202 906 3000

Represented by DUNN, LEE & KEARY

Name Phone Fax E-Mail
Space David P. Lee +1 949 916 1600

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
Space Cheryl G Bluth +1 309 676 0400 +6763 676 676 3374
Space Bradford B Ingram +1 309 676 0400 +1 309 676 3374 bingram@heylroyster.com

Represented by sheagardner.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Ralph J. Moore +1 202 828 2000
Space Donald J. Munro +1 202 828 2000 +1 202 828 2195 dmunro@sheagardner.com
No Logo Consolidated Rail Corporation, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Joanna L. Moorhead +1 202 906 3000

Represented by DUNN, LEE & KEARY

Name Phone Fax E-Mail
Space David P. Lee +1 949 916 1600

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
Space Cheryl G Bluth +1 309 676 0400 +6763 676 676 3374
Space Bradford B Ingram +1 309 676 0400 +1 309 676 3374 bingram@heylroyster.com

Represented by sheagardner.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Ralph J. Moore +1 202 828 2000
Space Donald J. Munro +1 202 828 2000 +1 202 828 2195 dmunro@sheagardner.com
No Logo Csx Transportation, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Joanna L. Moorhead +1 202 906 3000

Represented by DUNN, LEE & KEARY

Name Phone Fax E-Mail
Space David P. Lee +1 949 916 1600

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
Space Cheryl G Bluth +1 309 676 0400 +6763 676 676 3374
Space Bradford B Ingram +1 309 676 0400 +1 309 676 3374 bingram@heylroyster.com

Represented by sheagardner.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Ralph J. Moore +1 202 828 2000
Space Donald J. Munro +1 202 828 2000 +1 202 828 2195 dmunro@sheagardner.com
No Logo Norfolk Southern Railway Company, Defendant
Officially listed as "Norfolk & Southern Railway Company"

Represented by HATCH LAW FIRM PC

Name Phone Fax E-Mail
Space William L Hatch +1 217 356 2577 +1 217 351 1771 whatch@hatchlawfirm.com

Represented by Sidley Austin LLP

Name Phone Fax E-Mail
Space James S. Whitehead +1 312 853 7000 +1 312 853 7036 jwhitehead@sidley.com
Union Pacific Railroad Company Union Pacific Railroad Company, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Joanna L. Moorhead +1 202 906 3000

Represented by DUNN, LEE & KEARY

Name Phone Fax E-Mail
Space David P. Lee +1 949 916 1600

Represented by Heyl, Royster, Voelker & Allen, PC

Name Phone Fax E-Mail
Space Cheryl G Bluth +1 309 676 0400 +6763 676 676 3374
Space Bradford B Ingram +1 309 676 0400 +1 309 676 3374 bingram@heylroyster.com

Represented by sheagardner.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Ralph J. Moore +1 202 828 2000
Space Donald J. Munro +1 202 828 2000 +1 202 828 2195 dmunro@sheagardner.com
No Logo Brotherhood of Maintenance of Way Employes, Counter-Defendant

Represented by HARVEY & STUCKEL

Name Phone Fax E-Mail
Space David W Stuckel +1 309 671 4900 +1 309 671 5473 dstuckel@hslaw.us

Represented by Law Offices of John O'Brien Clarke , Jr.

Name Phone Fax E-Mail
Space John O'Brien Clarke, Jr. +1 202 296 8500 +1 202 296 7143 jclarke@highsaw.com
Space Richard S Edelman +1 202 296 8500
Attributes
Office Peoria
Filed 11/14/1996
Jury Demand None
Demand $0
Nature of Suit 740 - Labor: Railway Labor Act
Cause Section 45 U.S.C. § 151 Railway Labor Act
Jurisdiction Federal Question
Disposition Dismissed - Lack of Jurisdiction
County XX US, Outside State
Terminated 5/19/1998
Origin 4
Reopened 4/16/1998
Lead Case
196-cv-01515-JBM None
Related Case
Other Court Cases 96-4175[], 2:96-cv-02250 1[Urbana Division]
Def Custody Status
Flags 14, CLOSED, TRANSF
Timeline
  Entries (86) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 68 Filed: 5/30/2001, Entered: 5/30/2001 OrderCourt Filing
ORDER by Chief Judge Joe B. McDade. Pursuant to the Court's Order of 5/19/98, the bond posted by the carriers as security for this Court's injunction entered 12/17/96, pending appeal shall be released immediately. The Clerk is directed to make the check payable to Mr. Donald Munro in care of the National Railway Labor Conference for the amount of $10,000. The Clerk is directed to send the check to Mr. Munro's office at: Shea & Gardner, 1800 Massachusetts Avenue, NW, Washington, DC 20036-1872. (cc: all counsel/2cc Finance) (SH, ilcd)
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Blank 67 Filed: 5/30/2001, Entered: 5/30/2001 Letter
LETTER from Atty Munro to Court regarding $10,000 Supersedeas Bond on Appeal (SH, ilcd)
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Blank -- Filed: 6/30/1998, Entered: 6/30/1998 Appeal Record Returned
RECORD ON APPEAL returned from U.S. Court of Appeals - 1 volume pleadings (SH, ilcd)
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Blank 66 Filed: 5/20/1998, Entered: 5/20/1998 Judgment*
JUDGMENT in a civil case entered - case is dismissed with prejudice for lack of subject matter jurisdiction. Each party to bear its own costs. (cc: all counsel) (SH, ilcd)
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Blank 65 Filed: 5/19/1998, Entered: 5/20/1998 OrderCourt Filing
ORDER by Judge Joe B. McDade granting motion for entry of judgment [62-1], granting motion for permanent injunction against strikes [62-2]. (See Order). FURTHER ORDERED THAT the bond posted by the carriers as security for this Court's injunction pending appeal entered 12/17/96, shall be released immediately. Case terminated. (cc: all counsel) (SH, ilcd)
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Blank 64 Filed: 5/19/1998, Entered: 5/20/1998 OrderCourt Filing
ORDER by Judge Joe B. McDade Pursuant to the mandate of the Seventh Circuit Court of Appeals issued on 4/15/98, it is ordered that case no. 96-1515 is dismissed with prejudice for lack of subject matter jurisdiction and the Court finds in favor of Norfolk Southern Railway Co and Norfolk and Western Railway Co and against the Union on all counts of the Railroads' Complaint for declaratory and injunctive relief in 96-1524. The Clerk is directed to enter judgment in both cases accordingly. Case dismissed. (cc: all counsel) (SH, ilcd) Modified on 05/20/1998
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Blank 63 Filed: 4/22/1998, Entered: 4/23/1998 Motion for Judgment as a Matter of Law
Carriers' MOTION for entry of judgment and for a permanent injunction against strikes (SH, ilcd)
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Blank 62 Filed: 4/16/1998, Entered: 4/17/1998, Terminated: 5/19/1998 Motion for Judgment as a Matter of Law
MOTION by defendant Atchison, Topeka, defendant Burlington Northern, defendant Consolidated Rail, defendant CSX Transportation, defendant Union Pacific RR Co for entry of judgment and for permanent injunction against strikes (SH, ilcd)
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Blank 61 Filed: 4/16/1998, Entered: 4/16/1998 USCA Mandate
MANDATE from USCA reversing and remanding, with costs, the Decision of the District Court [Appeal [51-1] (SH, ilcd)
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Blank -- Filed: 4/16/1998, Entered: 4/17/1998 Minutes-Miscellaneous
MINUTE-ENTRY: Case reopened pursuant to mandate (SH, ilcd)
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Blank 60 Filed: 1/23/1998, Entered: 2/3/1998 USCA Mandate
MANDATE from USCA - Ordered that Agreement for Voluntary Dismissal of Appeal as to Appellant CSX Transportation Inc only is Granted. The appeal remains active as to all other parties. (SH, ilcd)
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Blank 59 Filed: 1/12/1998, Entered: 1/12/1998 USCA Order
COPY of USCA Order: ORDERED that the motion (for voluntary dismissal) is GRANTED and this appeal is DISMISSED pursuant to Federal Rule of Appellate Procedure 42(b) only as between appellant, CSX Transportation, Inc and appeallee, Brotherhood of Maintenance of Way Employees. The appeal remains active as to all other parties. (SH, ilcd)
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Blank 58 Filed: 2/3/1997, Entered: 2/4/1997 Letter of Transmittal USCA
Letter of transmittal from USCA (VB, ilcd)
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Blank 57 Filed: 1/3/1997, Entered: 1/3/1997 Letter of Transmittal USCA
Letter of transmittal from USCA of supplemental record on appeal (VB, ilcd)
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Blank 56 Filed: 1/2/1997, Entered: 1/2/1997 USCA Notice of Docketing ROA
Notification by USCA of Appellate Docket Number 96-4175 (SH, ilcd)
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Blank 55 Filed: 12/27/1996, Entered: 12/27/1996 Supplemental Record Sent USCA
Transmitted supplemental record on appeal to USCA (VB, ilcd)
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Blank 54 Filed: 12/19/1996, Entered: 12/20/1996 Bond
BOND in the amount of $10,000.00 filed by plaintiff Bro Maintenance Way in 1:96-cv-01515, check number 0029645 drawn on Nations Bank, deposited in the Registry Fund of the Court by Pltfs. Check represents supersedeas bond on appeal. See receipt number 023518. (HK, ilcd)
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Blank 53 Filed: 12/18/1996, Entered: 12/18/1996 Short Record of Appeal Sent to USCA
SHORT RECORD ON APPEAL sent to USCA (HK, ilcd)
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Blank 52 Filed: 12/18/1996, Entered: 12/18/1996 USCA Appeal Fees
Received appeal fee in amount of $ 105.00 ( Receipt # 023514) (HK, ilcd)
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Blank 51 Filed: 12/18/1996, Entered: 12/18/1996, Terminated: 4/16/1998 Notice of Appeal
NOTICE of APPEAL by defendants/counter-claimants in 1:96-cv-01515 from District Court decision/orders [46-2], [47] & [48] in 96-1515 & and by Norfolk Southern Railway Co & Norfolk & Western Railway Co, plaintiffs in 96-1524 from District Court decision/orders [11], [12] & [13] (cc: all counsel/Crt Rptr) (HK, ilcd)
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Blank 50 Filed: 12/18/1996, Entered: 12/18/1996 Transcript
TRANSCRIPT of proceedings held 12/16/96 at 10:00am filed (VOLUME 2) (HK, ilcd) Modified on 12/18/1996
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Blank 49 Filed: 12/18/1996, Entered: 12/18/1996 Transcript
TRANSCRIPT of proceedings held 12/13/96 at 1:45pm filed (VOLUME 1) (HK, ilcd)
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Blank 48 Filed: 12/18/1996, Entered: 12/18/1996 OrderCourt Filing
ORDER by Judge Joe B. McDade in that motion for injunction pending appeal is granted; BMWE are enjoined pending appeal from striking; bond in the sum of $10,000.00 in cash or bond be filed within 7 days; that injunction shall continue until final judgment by the Court of Appeals and that the record on appeal be transmitted immediately to CA7 upon the filing of the notice of appeal. (cc: all counsel) (HK, ilcd)
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Blank 47 Filed: 12/18/1996, Entered: 12/18/1996 Judgment*
JUDGMENT in a civil case entered. Judgment is entered in favor of pltf and against defts on Counts I & II of the amended complaint & the defts' counterclaims are denied. (cc: all counsel) (HK, ilcd)
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Blank -- Filed: 12/18/1996, Entered: 12/18/1996 Appeal Record Sent to USCA
CLERK'S RECORD on appeal transmitted to USCA (2 volumes of pleadings/2 volumes of transcripts/2 volumes of loose pleadings/1 envelope of exhibits) (HK, ilcd) Modified on 12/19/1996
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Blank 46 Filed: 12/17/1996, Entered: 12/18/1996 OrderCourt Filing
ORDER by Judge Joe B. McDade. Clerk to enter final judgment in favor of pltf & against defts on Counts I & II of the amended complaint. Defts counterclaims are denied. Motion for temporary restraining order [29-1] is denied and motion for preliminary injunction [23-1] is denied. Oral motion by Carriers' for injunction pending appeal is granted pursuant to rule 62(c). Case terminated. (cc: all counsel) (HK, ilcd)
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Blank -- Filed: 12/17/1996, Entered: 12/18/1996 Minutes-Miscellaneous
MINUTE-ENTRY:by Judge Joe B. McDade. Attorneys Edelman/Munro/Moore & Whitehead present via phone for status conf regarding order on preliminary injunction. Court finds in favor of Pltf and against defts. See Order. Attorney Moore is to submit proposed injunction order to the Court by 12/18/96 with $10,000.00 bond. Record on appeal to be sent to Court of Appeals immediatley upon entry of injunction order. (cc: all counsel) (HK, ilcd)
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Blank 45 Filed: 12/16/1996, Entered: 12/16/1996 Exhibit
EXHIBIT LIST from evidentiary hearing held 12/13/96 & 12/16/96 (HK, ilcd)
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Blank -- Filed: 12/16/1996, Entered: 12/16/1996 Minutes-Miscellaneous
MINUTE-ENTRY:by Judge Joe B. McDade. Attorneys Eddleman, Moore & Whitehead present in open court for continued evideniary hearing on motion for preliminary injunction [23-1] and merits of the case. Defts rest. Evidence presented on behalf of Pltf. Pltf rest. Closing arguments by counsel. Court takes under advisement on 12/16/96 motion for preliminary injunction [23-1]. Court will enter a written opinion on 12/17/96. If the motion for preliminary injunction is denied, oral motion by deft carriers for injunction pending appeal. (cc: all counsel) (HK, ilcd)
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Blank 44 Filed: 12/13/1996, Entered: 12/13/1996, Terminated: 12/17/1996 Stipulation
STIPULATION re: documents. Furthermore, all parties in 96-1515 stipulate to the dismissal of Counts III and IV of BMWE's Amended Complaint pursuant to Fed. R. Civ. P. 41(a)(1). Plaintiffs in Case No. 96-1524 withdraw their claim in their Complaint to the extent it relates to Article XII of the 9/26/96 National Mediation Agreement. (SH, ilcd)
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Blank -- Filed: 12/13/1996, Entered: 12/16/1996 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Joe B. McDade Parties present in open court by Attys R. Edleman/D.Stuckel/R.Moore/B.Ingram/ J. Whitehead for evidentiary hearing on motion for preliminary injunction [23-1] and merits. Stipulation fld re: documents & declarations. Opening statements by parties. Evidence pres. by dft carriers. Time for adjournment. Case continued to Monday., 12/16/96 at 10:00 AM (cc: all counsel) (SH, ilcd)
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Blank 43 Filed: 12/11/1996, Entered: 12/11/1996 Transcript
Official Court Reporters TRANSCRIPT held 12/5/96 filed (HK, ilcd)
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Blank 42 Filed: 12/9/1996, Entered: 12/10/1996 OrderCourt Filing
ORDER by Judge Joe B. McDade . ORDERED that parties should be prepared to present both documentary evidence and oral testimony at the evidentiary hearing on Friday, 12/13/96 at 1:30 PM. The Court will leave it to the parties' discretion exactly what evidencee to present in light of the obvious time constraints involved. There is no need for witnesses to testify to those matters already contained in the documents, except to shed further light upon their context or meaming. FURTHER ORDERED that Defendant's motion for substitution of attorneys and entry of appearance [39-1] is granted. (cc: all counsel) (SH, ilcd)
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Blank 41 Filed: 12/6/1996, Entered: 12/10/1996 Miscellaneous Document
BRIEF FILED by defendants in 1:96-cv-01515 filed as Joint Memorandum of Points and Authorities in Support of a Ruling on the Defendant/Counter-Plaintiffs' Request for an Injunction without an Evidentiary Hearing (SH, ilcd)
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Blank 40 Filed: 12/6/1996, Entered: 12/10/1996 Miscellaneous Document
BRIEF FILED by Bro Maintenance Way in 1:96-cv-01515 filed as Memorandum of Brotherhood of Maintenance of Way Employees Regarding the Necessity for an Evidentiary Hearing on Defendants' Motion for a Preliminary Injunction (SH, ilcd)
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Blank 39 Filed: 12/6/1996, Entered: 12/10/1996, Terminated: 12/9/1996 Add and Terminate Attorneys
ATTORNEY SUBSTITUTION: Requesting leave of court to substitute Ralph J Moore, Jr as lead counsel and for Brad Ingram & Cheryl Bluth be local counsel for Atchison, Topeka & Santa Fe/Burlington N RR/Consolidated Rail/CSX & Union Pacific RR (HK, ilcd)
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Blank 38 Filed: 12/5/1996, Entered: 12/5/1996 Affidavit
AFFIDAVIT of Steven V. Powers regarding memorandum [37-1] (filed as Declaration of Steven V Powers) (SH, ilcd)
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Blank 37 Filed: 12/5/1996, Entered: 12/5/1996 Memorandum in Opposition to Motion/Petition
MEMORANDUM IN OPPOSITION motion for preliminary injunction [23-1] by plaintiff Bro Maintenance Way (SH, ilcd)
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Blank 36 Filed: 12/5/1996, Entered: 12/5/1996, Terminated: 12/5/1996 Motion for Miscellaneous Relief
MOTION by Atchison, Topeka, Burlington Northern, Consolidated Rail, CSX Transportation, Union Pacific RR Co, for attorney Donald J Munro to appear pro hac vice (SH, ilcd)
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Blank 35 Filed: 12/5/1996, Entered: 12/5/1996, Terminated: 12/5/1996 Motion for Miscellaneous Relief
MOTION by Atchison, Topeka, Burlington Northern, Consolidated Rail, CSX Transportation, Union Pacific RR Co, for attorney Ralph J Moore, Jr to appear pro hac vice (SH, ilcd)
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Blank -- Filed: 12/5/1996, Entered: 12/7/1996 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Joe B. McDade Parties present in open court by Attys Stuckel/Edleman/Ingram/Moore/Munro/ Whitehead & Hatch for Status hearing held 9:00 12/5/96 . Court is granting motion for attorney Donald J Munro to appear pro hac vice [36-1] and motion for attorney Ralph J Moore, Jr to appear pro hac vice [35-1]. Counsel are admonished to complete their admission to the bar of this court. Court is granting motion to consolidate cases/actions 96-1515 & 96-1524 [34-1] and consolidates 1:96-cv-1515 with member cases 1:96-cv-1524. Oral motion by Norfolk to adopt declarations previously filed by railroads. Same granted. Parties stipulate that no TRO is necessary as union will not strike until after court decides preliminary injunction issue. Parties to submit briefs re: whether evidentiary hearing is necessary by 5:00 PM on 12/6/96. Parties given leave to fax. Court is setting motion for preliminary injunction [23-1]/hearing on merits at 1:30 PM on Fri., 12/13/96 (in person in Peoria). (cc: all counsel) (SH, ilcd) Modified on 12/07/1996
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Blank 34 Filed: 12/4/1996, Entered: 12/4/1996, Terminated: 12/5/1996 Motion to Consolidate Cases
Unopposed MOTION by Deft/counter-pltfs: Atchison, Topeka, Burlington Northern, Consolidated Rail, CSX Transportation, Union Pacific RR Co, Atchison, Topeka, Burlington Northern, Consolidated Rail, CSX Transportation, Bro Maintenance Way to consolidate cases/actions 96-1515 & 96-1524 (HK, ilcd)
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Blank 33 Filed: 12/4/1996, Entered: 12/4/1996 Miscellaneous Document
CERTIFICATE of Service (Re: #29-32) by Atchison, Topeka, Burlington Northern, Consolidated Rail, CSX Transportation, Union Pacific RR Co, (S, ilcd)
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Blank 32 Filed: 12/4/1996, Entered: 12/4/1996 Affidavit
AFFIDAVIT of A Kenneth Gradia regarding motion for temporary restraining order [29-1] (filed as Second Declaration of A Kenneth Gradia) (S, ilcd)
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Blank 31 Filed: 12/4/1996, Entered: 12/4/1996 Affidavit
AFFIDAVIT of Robert F. Allen regarding motion for temporary restraining order [29-1] (filed as Declaration of Robert F Allen) (S, ilcd)
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Blank 30 Filed: 12/4/1996, Entered: 12/4/1996 Memorandum in Support of Motion
MEMORANDUM IN SUPPORT of motion for temporary restraining order [29-1] by Atchison, Topeka, Burlington Northern, Consolidated Rail, CSX Transportation, Union Pacific RR Co, (S, ilcd)
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Blank 29 Filed: 12/4/1996, Entered: 12/4/1996, Terminated: 12/17/1996 Motion for TRO
MOTION by defendants/counter plaintiffs Atchison, Topeka, Burlington Northern, Consolidated Rail, CSX Transportation, Union Pacific RR Co, for temporary restraining order (S, ilcd)
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Blank 28 Filed: 11/29/1996, Entered: 12/2/1996 Certificate of Interest
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant Norfolk Southern (SH, ilcd)
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Blank 27 Filed: 11/27/1996, Entered: 11/27/1996 Memorandum in Support of Motion
MEMORANDUM IN SUPPORT of motion for preliminary injunction [23-1] by defendant Atchison, Topeka, defendant Burlington Northern, defendant Consolidated Rail, defendant CSX Transportation, defendant Union Pacific RR Co (HK, ilcd)
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Blank -- Filed: 11/27/1996, Entered: 11/27/1996 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Joe B. McDade. Case is set for Status hearing at 9:00am on Thursday, 12/5/96; in person (cc: all counsel) (HK, ilcd)
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Blank -- Filed: 11/27/1996, Entered: 11/27/1996 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Joe B. McDade granting motion for leave to file brief in excess of local rules [22-1] (cc: all counsel) (HK, ilcd)
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Blank 26 Filed: 11/26/1996, Entered: 11/27/1996 Trial Exhibit
Volume Two-EXHIBITS 16 through 31 to Declaration of A Kenneth Gradia filed by Defendants: Atchison, Topeka, Burlington Northern, Consolidated Rail, CSX Transportation, Union Pacific RR Co stored in file (HK, ilcd)
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Blank 25 Filed: 11/26/1996, Entered: 11/27/1996 Trial Exhibit
EXHIBITS 1 through 15-Volume ONE to Declaration of A. Kenneth Gradia for Defendants:Atchison, Topeka, Burlington Northern, Consolidated Rail, CSX Transportation, Union Pacific RR Co stored in file (HK, ilcd)
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Blank 24 Filed: 11/26/1996, Entered: 11/27/1996 Affidavit
DECLARATION/AFFIDAVIT of A. Kenneth Gradia regarding motion for preliminary injunction [23-1] (HK, ilcd)
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Blank 23 Filed: 11/26/1996, Entered: 11/27/1996 Motion for Preliminary Injunction
MOTION by Defendants: Atchison, Topeka, Burlington Northern, Consolidated Rail, CSX Transportation, Union Pacific RR Co for preliminary injunction (HK, ilcd)
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Blank 22 Filed: 11/26/1996, Entered: 11/27/1996 Motion for Leave to File
MOTION by Atchison, Topeka, Burlington Northern, Consolidated Rail, CSX Transportation, Union Pacific RR Co for leave to file brief in excess of local rules (HK, ilcd)
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Blank 21 Filed: 11/25/1996, Entered: 11/25/1996 OrderCourt Filing
ORDER by Judge Joe B. McDade granting motion to substitute attorney Bradford Ingram (LEAD) & Cheryl Bluth for Richard West [17-1] for ATSF, Burlington NRR, Consolidated Rail Crop, CSX Transportation & Union Pacific RR (cc: all counsel) (HK, ilcd)
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Blank 20 Filed: 11/22/1996, Entered: 11/22/1996 Affirmative Defenses
AFFIRMATIVE DEFENSES filed by Atchison, Topeka, Burlington Northern, Consolidated Rail, CSX Transportation, Union Pacific RR Co (HK, ilcd)
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Blank 20 Filed: 11/22/1996, Entered: 11/22/1996 Answer
ANSWER to amended complaint and COUNTERCLAIM by Atchison, Topeka, Burlington Northern, Consolidated Rail, CSX Transportation, Union Pacific RR Co against plaintiff Bro Maintenance Way (HK, ilcd)
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Blank 19 Filed: 11/22/1996, Entered: 11/22/1996 Affirmative Defenses
AFFIRMATIVE DEFENSES filed by defendant Norfolk Southern (HK, ilcd)
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Blank 19 Filed: 11/22/1996, Entered: 11/22/1996 Answer
ANSWER to Amended Complaint by defendant Norfolk Southern (HK, ilcd)
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Blank 18 Filed: 11/22/1996, Entered: 11/22/1996 Certificate of Interest
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendants (HK, ilcd)
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Blank 17 Filed: 11/22/1996, Entered: 11/22/1996, Terminated: 11/25/1996 Motion to Substitute Attorney
MOTION by defendants to substitute attorney Bradford Ingram (LEAD) & Cheryl Bluth for Richard West (HK, ilcd)
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Blank 16 Filed: 11/19/1996, Entered: 11/19/1996 OrderCourt Filing
ORDER by Judge Joe B. McDade granting Norfolk Southern Railway Co's motion to extend time to answer requesting time until 11/22/96 [15-1] (cc: all counsel) (KB, ilcd))
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Blank 15 Filed: 11/18/1996, Entered: 11/18/1996, Terminated: 11/19/1996 Motion for Extension of Time to File Answer
MOTION by defendant Norfolk Southern to extend time to answer requesting time until 11/22/96 (HK, ilcd)
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Blank -- Filed: 11/18/1996, Entered: 11/19/1996 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Joe B. McDade granting motion to extend time to answer [13-1] ; misc ddl of 11/22/96 created for filing of answer (cc: all counsel) (HK, ilcd)
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Blank 14 Filed: 11/14/1996, Entered: 6/9/1997 Service - Miscellaneous
WAIVER OF SERVICE returned as to defendant CSX Transportation. Waivers sent on 10/25/96. (VB, ilcd)
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Blank 14 Filed: 11/14/1996, Entered: 11/18/1996 Service - Miscellaneous
WAIVER OF SERVICE returned by defendant Union Pacific RR Co on 11/12/96 ; Answers due on 1/13/97 for Union Pacific RR (HK, ilcd)
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Blank -- Filed: 11/14/1996, Entered: 11/15/1996 Case Transferred In - Divisional Transfer
Original file, transfer order received from Urbana [96-2250]. Chief Judge Mihm reassigns this case to Judge Joe B. McDade. All future pleadings to be filed in the Peoria Division under 96-1515. This office requires original plus one copy of all pleadings. (HK, ilcd)
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Blank -- Filed: 11/14/1996, Entered: 11/15/1996 Minutes-Miscellaneous
MINUTE-ENTRY: by Chief Judge Michael M. Mihm transferring case to the Peoria Division. New case number in Peoria is 96-1515; old case number in Urbana Division was 96-2250. File mailed to Peoria division; all future pleadings are to be filed in the Peoria division. (cc: all counsel) (HK, ilcd)
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Blank 13 Filed: 11/13/1996, Entered: 11/13/1996, Terminated: 11/18/1996 Motion for Extension of Time to File Answer
MOTION by defendants Atchison, Topeka, Burlington Northern, Consolidated Rail, CSX Transportation, Union Pacific RR Co to extend time to answer (MT, ilcd)
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Blank 6 Filed: 11/12/1996, Entered: 11/12/1996 Notice of Appearance
ATTORNEY APPEARANCE by William L. Hatch for defendant Norfolk Southern (MT, ilcd)
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Blank -- Filed: 11/12/1996, Entered: 11/12/1996 Remark
Remark File sent to Peoria Division for reassignment by Chief Judge Mihm (MT, ilcd)
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Blank -- Filed: 11/12/1996, Entered: 11/12/1996 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Harold A. Baker. Due to the appearance of William L. Hatch, Judge Harold A. Baker hereby recuses himself from this case. The Clerk is directed to send this file to Chief Judge Michael Mihm for reassignment. (cc: all counsel) (MT, ilcd)
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Blank 12 Filed: 11/8/1996, Entered: 11/13/1996 Service - Miscellaneous
RETURN OF SERVICE executed upon defendant Union Pacific RR Co on 11/1/96 (MT, ilcd)
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Blank 11 Filed: 11/8/1996, Entered: 11/13/1996 Service - Miscellaneous
RETURN OF SERVICE executed upon defendant CSX Transportation on 11/4/96 (MT, ilcd)
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Blank 10 Filed: 11/8/1996, Entered: 11/13/1996 Service - Miscellaneous
RETURN OF SERVICE executed upon defendant Consolidated Rail on 11/1/96 (MT, ilcd)
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Blank 9 Filed: 11/8/1996, Entered: 11/13/1996 Service - Miscellaneous
RETURN OF SERVICE executed upon defendant Burlington Northern on 11/1/96 (MT, ilcd)
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Blank 8 Filed: 11/8/1996, Entered: 11/13/1996 Service - Miscellaneous
RETURN OF SERVICE executed upon defendant Atchison, Topeka on 11/5/96 (MT, ilcd)
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Blank 7 Filed: 11/7/1996, Entered: 11/13/1996 Miscellaneous Document
CERTIFICATE OF SERVICE of Amended Complaint by plaintiff Bro Maintenance Way (MT, ilcd)
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Blank 5 Filed: 11/6/1996, Entered: 11/8/1996 Service - Miscellaneous
RETURN OF SERVICE executed upon defendant Norfolk Southern on 11/1/96 (SLJ, ilcd)
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Blank 4 Filed: 11/4/1996, Entered: 11/5/1996 Service - Miscellaneous
WAIVER OF SERVICE returned by defendant Consolidated Rail on 10/30/96 ; Answers due on 1/3/97 for Consolidated Rail (SLJ, ilcd)
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Blank 3 Filed: 11/4/1996, Entered: 11/5/1996 Amended Complaint
AMENDED COMPLAINT by plaintiff Bro Maintenance Way [1-1] (SLJ, ilcd)
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Blank 2 Filed: 10/31/1996, Entered: 11/4/1996 Summons Issued
SUMMONS issued as to all defendants and returned to plaintiff's attorney (MT, ilcd)
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Blank 1 Filed: 10/25/1996, Entered: 10/29/1996 ComplaintCourt Filing
COMPLAINT (no summons(es) issued) case referred to Mag. Judge David G. Bernthal (SLJ, ilcd)
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Blank -- Filed: 10/25/1996, Entered: 10/29/1996 Filing Fee Received
FILING FEE PAID on 10/25/96 in the amount of $ 120.00 receipt # 023332. (SLJ, ilcd)
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