BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN v. NORFOLK SOUTHERN RAILWAY CO. et al

Federal Civil Lawsuit District Of Columbia District Court, Case No. 1:05-cv-01188-RWR
District Judge Richard W. Roberts, presiding
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District Judge Richard W. Roberts
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Summary

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Parties
No Logo Interim General Counsel, Plaintiff
Officially listed as "BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN"

Represented by Barkan Meizlish Handelman Goodin DeRose Wentz, LLP

Name Phone Fax E-Mail
Space Joshua D. McInerney +1 614 221 4221 +1 614 744 2300 jmcinerney@barkanmeizlish.com
v.
Norfolk Southern Corporation Norfolk Southern Corporation, Defendant
Officially listed as "NORFOLK SOUTHERN CORP."

Represented by Sidley Austin LLP

Name Phone Fax E-Mail
Space Jeffrey S. Berlin +1 202 736 8178 +1 202 736 8711 jberlin@sidley.com
Space Krista Leigh Edwards +1 202 736 8026 +1 202 736 8711 kedwards@sidley.com
Space Mark Edward Martin +1 202 736 8372 +1 202 736 8711 mmartin@sidley.com
No Logo Norfolk Southern Railway Company, Defendant
Officially listed as "NORFOLK SOUTHERN RAILWAY CO."

Represented by Sidley Austin LLP

Name Phone Fax E-Mail
Space Jeffrey S. Berlin +1 202 736 8178 +1 202 736 8711 jberlin@sidley.com
Space Krista Leigh Edwards +1 202 736 8026 +1 202 736 8711 kedwards@sidley.com
Space Mark Edward Martin +1 202 736 8372 +1 202 736 8711 mmartin@sidley.com
Other Parties
No Logo UNITED TRANSPORTATION UNION, Movant

Represented by Guerrieri Edmond Calyman & Bartos PC

Represented by UNITED TRANSPORTATION UNION

Name Phone Fax E-Mail
Space Clinton Joseph Miller, III +1 216 228 9400 +1 216 228 0937 c_miller@utu.org
Attributes
Office Washington, DC
Filed 6/14/2005
Jury Demand None
Demand
Nature of Suit 740 - Labor: Railway Labor Act
Cause Section 28 U.S.C. § 1331 Fed. Question
Jurisdiction Federal Question
Disposition Dismissed - Voluntarily
County 88888
Terminated 2/28/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, TYPE-D
Timeline
  Entries (36) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Stipulation of Dismissal with OCR 30 Filed: 2/23/2006, Entered: 2/23/2006 Stipulation of Dismissal
STIPULATION of Dismissal by BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN, NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP.. (Berlin, Jeffrey)
LREF
Reply to opposition to Motion with OCR 29 Filed: 10/14/2005, Entered: 10/14/2005 Reply to opposition to Motion
REPLY to opposition to motion re [23] Motion to Dismiss or, in the Alternative, for Judgment on the Pleadings filed by NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP.. (Berlin, Jeffrey)
LREF
Blank -- Filed: 10/12/2005, Entered: 10/12/2005 Order on Motion for Extension of Time to
MINUTE ORDER: It is hereby ORDERED that the consent motion [26] for extension of time be, and hereby is, GRANTED. Issued by Judge Richard W. Roberts on 10/12/2005. (lcrwr1)
LREF
Memorandum in Opposition with OCR 28 Filed: 10/4/2005, Entered: 10/4/2005 Memorandum in Opposition
Memorandum in opposition to motion re [23] Defendants' Motion to Dismiss and Post-Hearing Memorandum of Law in Support of Preliminary Injunctive Relief filed by BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. (Attachments: # (1) Text of Proposed Order)(McInerney, Joshua)
LREF
Memorandum in Opposition with OCR 27 Filed: 10/4/2005, Entered: 10/4/2005 Memorandum in Opposition
Memorandum in opposition to motion re [2] Post-Hearing Memorandum In Opp. To Application For Preliminary Injunction filed by NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP.. (Berlin, Jeffrey)
LREF
Motion for Extension of Time to with OCR 26 Filed: 10/3/2005, Entered: 10/3/2005, Terminated: 10/12/2005 Motion for Extension of Time to
Consent MOTION for Extension of Time to file responses to dispositive motions by BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. (McInerney, Joshua) Modified on 10/4/2005 (jf, ).
LREF
ERRATA with OCR 25 Filed: 9/28/2005, Entered: 9/28/2005 ERRATA
ERRATA to Declaration Exhibit by NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP.. (Attachments: # (1) Affidavit Third Declaration of Harold R. Mobley# (2) Exhibit 27 to Mobley Declaration)(Berlin, Jeffrey)
LREF
Blank 24 Filed: 9/8/2005, Entered: 9/12/2005 TranscriptCourt Filing
TRANSCRIPT of Motion Hearing held on August 30, 2005 before Judge Richard W. Roberts. Court Reporter: Scott L. Wallace. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (jf, )
LREF
Blank -- Filed: 8/30/2005, Entered: 8/31/2005 Status Conference
Minute Entry for proceedings held before Judge Richard W. Roberts : Motion Hearing held on 8/30/2005. Response to Dispositive Motions and legal memoranda due by 10/3/2005. Reply to Dispositive Motions due by 10/13/2005. (Court Reporter Scott Wallace.) (lin, )
LREF
Motion to Dismiss with OCR 23 Filed: 8/26/2005, Entered: 8/26/2005, Terminated: 2/28/2006 Motion to Dismiss
MOTION to Dismiss for Lack of Jurisdiction Or, in the Alternative, for Judgment on the Pleadings by NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP.. (Attachments: # (1) Statement of Points and Authorities# (2) Text of Proposed Order Granting Motion to Dismiss# (3) Text of Proposed Order Granting Motion for Judgment on the Pleadings# (4) Affidavit Second Declaration of Harold R. Mobley# (5) Exhibit Ex. 10# (6) Exhibit Ex. 11# (7) Exhibit Ex. 12# (8) Exhibit Ex. 13# (9) Exhibit Ex. 14# (10) Exhibit Ex. 15# (11) Exhibit Ex. 16# (12) Exhibit Ex. 17# (13) Exhibit Ex. 18# (14) Exhibit Ex. 19# (15) Exhibit Ex. 20# (16) Exhibit Ex. 21# (17) Exhibit Ex. 22# (18) Exhibit Ex. 23# (19) Exhibit Ex. 24# (20) Exhibit Ex. 25# (21) Exhibit Ex. 26)(Berlin, Jeffrey)
LREF
Blank 22 Filed: 8/10/2005, Entered: 8/11/2005 TranscriptCourt Filing
TRANSCRIPT of Motion Hearing held on July 13, 2005 before Judge Richard W. Roberts. Court Reporter: Scott L. Wallace. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (jf, )
LREF
Blank -- Filed: 7/13/2005, Entered: 7/14/2005 Preliminary Injunction
Minute Entry for proceedings held before Judge Richard W. Roberts : Hearing on Motion for Preliminary Injunction begun on 7/13/2005 and continued to 8/30/2005 11:30 AM in Courtroom 9 before Judge Richard W. Roberts. (Court Reporter Scott Wallace.) (lin, )
LREF
Blank -- Filed: 7/13/2005, Entered: 7/13/2005 Order on Motion for Miscellaneous Relief
MINUTE ORDER: It is hereby ORDERED that defendants' motion [14] to present live testimony be, and hereby is, DENIED. Issued by Judge Richard W. Roberts on 7/13/2005. (lcrwr3)
LREF
Supplemental Memorandum with OCR 21 Filed: 7/12/2005, Entered: 7/12/2005 Supplemental Memorandum
SUPPLEMENTAL MEMORANDUM Replying to Defendants' Supplemental Memorandum Ordered by the Court filed by BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. (McInerney, Joshua)
LREF
Memorandum in Opposition with OCR 20 Filed: 7/11/2005, Entered: 7/11/2005 Memorandum in Opposition
Memorandum in opposition to motion re [9] UTU Motion to Intervene filed by BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. (McInerney, Joshua)
LREF
ERRATA with OCR 19 Filed: 7/11/2005, Entered: 7/11/2005 ERRATA
ERRATA Correction to Defendants' Supplemental Brief Filed on July 11, 2005 by NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP.. (Berlin, Jeffrey)
LREF
Response to any document with OCR 18 Filed: 7/11/2005, Entered: 7/11/2005 Response to any document
RESPONSE to United Transportation Union's Motion to Intervene filed by NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP.. (Berlin, Jeffrey)
LREF
Supplemental Memorandum with OCR 17 Filed: 7/11/2005, Entered: 7/11/2005 Supplemental Memorandum
SUPPLEMENTAL MEMORANDUM Pursuant to the Court's Order of July 8, 2005 filed by NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP.. (Berlin, Jeffrey)
LREF
Reply to opposition to Motion with OCR 16 Filed: 7/8/2005, Entered: 7/8/2005 Reply to opposition to Motion
REPLY to opposition to motion re [2] Application for Preliminary Injunction filed by BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. (McInerney, Joshua)
LREF
Order with OCR 15 Filed: 7/8/2005, Entered: 7/8/2005 OrderCourt Filing
ORDER directing defendants to file by 12:00 noon July 11, 2005, and plaintiffs to file by 12:00 noon July 12, 2005, supplemental briefs relating to issues raised by defendants in their opposition [4]. See Order for additional details. Signed by Judge Richard W. Roberts on 7/8/2005. NB: The court will no longer send attorneys courtesy paper copies of opinions and orders. Opinions and orders will be sent to attorneys only electronically under LCvR 5.4(b)(1). (lcrwr3)
LREF
Motion for Miscellaneous Relief with OCR 14 Filed: 7/5/2005, Entered: 7/5/2005, Terminated: 7/13/2005 Motion for Miscellaneous Relief
MOTION To Present Live Testimony at Preliminary Injunction Hearing by NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP.. (Berlin, Jeffrey)
LREF
Answer with OCR 13 Filed: 7/4/2005, Entered: 7/4/2005 Answer
ANSWER to Complaint of Plaintiff BLET by NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP..(Berlin, Jeffrey)
LREF
Notice of Appearance with OCR 12 Filed: 6/29/2005, Entered: 6/30/2005 Notice of Appearance
NOTICE of Appearance by Clinton Joseph Miller, III on behalf of UNITED TRANSPORTATION UNION (nmw, )
LREF
Notice of Appearance with OCR 11 Filed: 6/29/2005, Entered: 6/30/2005 Notice of Appearance
NOTICE of Appearance by Soye Kim on behalf of UNITED TRANSPORTATION UNION (nmw, )
LREF
Notice of Appearance with OCR 10 Filed: 6/29/2005, Entered: 6/30/2005 Notice of Appearance
NOTICE of Appearance by Joseph Guerrieri, Jr on behalf of UNITED TRANSPORTATION UNION (nmw, )
LREF
Motion to Intervene with OCR 9 Filed: 6/29/2005, Entered: 6/30/2005 Motion to Intervene
MOTION to Intervene as Defendants by UNITED TRANSPORTATION UNION. (Attachments: # (1) Memorandum in Support# (2) Proposed Answer and Crossclaim)(nmw, )
LREF
Notice of Appearance with OCR 8 Filed: 6/29/2005, Entered: 6/29/2005 Notice of Appearance
NOTICE of Appearance by Mark Edward Martin on behalf of NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP. (Martin, Mark)
LREF
Notice of Appearance with OCR 7 Filed: 6/29/2005, Entered: 6/29/2005 Notice of Appearance
NOTICE of Appearance by Krista Leigh Edwards on behalf of NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP. (Edwards, Krista)
LREF
Notice of Appearance with OCR 6 Filed: 6/29/2005, Entered: 6/29/2005 Notice of Appearance
NOTICE of Appearance by Jeffrey S. Berlin on behalf of NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP. (Berlin, Jeffrey)
LREF
Corporate Disclosure Statement with OCR 5 Filed: 6/29/2005, Entered: 6/29/2005 Corporate Disclosure Statement
Corporate Disclosure Statement by NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP.. (Berlin, Jeffrey)
LREF
Memorandum in Opposition with OCR 4 Filed: 6/29/2005, Entered: 6/29/2005 Memorandum in Opposition
Memorandum in opposition to motion re [2] Application for Preliminary Injunction filed by NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP.. (Attachments: # (1) Affidavit Declaration of Mobley# (2) Exhibit Mobley 1# (3) Exhibit Mobley 2# (4) Exhibit Mobley 3# (5) Exhibit Mobley 4# (6) Exhibit Mobley 5# (7) Exhibit Mobley 6# (8) Exhibit Mobley 7# (9) Exhibit Mobley 8# (10) Exhibit Mobley 9# (11) Text of Proposed Order # (12) Certificate of Service)(Berlin, Jeffrey)
LREF
Summons Returned Executed with OCR 3 Filed: 6/23/2005, Entered: 6/23/2005 Summons Returned Executed
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NORFOLK SOUTHERN RAILWAY CO. served on 6/22/2005, answer due 7/12/2005; NORFOLK SOUTHERN CORP. served on 6/22/2005, answer due 7/12/2005 (McInerney, Joshua)
LREF
Blank -- Filed: 6/22/2005, Entered: 6/22/2005 Order
MINUTE ORDER: It is hereby ORDERED that plaintiff shall file proof of service of process as soon as possible after process is served in order to permit the court to schedule a hearing on plaintiff's application for a preliminary injunction [2] under Local Civil Rule 65.1(d). Issued by Judge Richard W. Roberts on 6/22/2005. NB: The court will no longer send attorneys courtesy paper copies of opinions and orders. Opinions and orders will be sent to attorneys only electronically under LCvR 5.4(b)(1). (lcrwr3)
LREF
Motion for Preliminary Injunction with OCR 2 Filed: 6/14/2005, Entered: 6/15/2005 Motion for Preliminary Injunction
MOTION for Preliminary Injunction Relief by BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN. (Attachments: # (1) Text of Proposed Order)(jf, )
LREF
Complaint with OCR 1 Filed: 6/14/2005, Entered: 6/15/2005 Complaint
COMPLAINT against NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP. (Filing fee $ 250) filed by BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN.(jf, )
LREF
Blank -- Filed: 6/14/2005, Entered: 6/15/2005 Summons Issued
Summons (2) Issued as to NORFOLK SOUTHERN RAILWAY CO., NORFOLK SOUTHERN CORP.. (jf, )
LREF

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