Amer Train Dispatch v. Fort Smith RR Co

Federal Civil Lawsuit Illinois Central District Court, Case No. 1:96-cv-01248-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 American Train Dispatchers Department of the Brotherhood of Locomotive Engineers, Plaintiff

Represented by 1025 Connecticut Avenue, NW

Name Phone Fax E-Mail
Space William W. Thompson, II +1 202 857 5000
Space Michael Stephen Wolly +1 202 857 5000 +1 202 223 8417 mwolly@zwerdling.com

Represented by HARVEY & STUCKEL

Name Phone Fax E-Mail
Space David W Stuckel +1 309 671 4900 +1 309 671 5473 dstuckel@hslaw.us
v.
No Logo Fort Smith Railroad Co, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Daniel A LaKemper +1 309 697 1400 +6978 697 697 8486
Attributes
Office Peoria
Filed 5/10/1996
Jury Demand Defendant
Demand $0
Nature of Suit 740 - Labor: Railway Labor Act
Cause Section 45 U.S.C. § 151 Railway Labor Act
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County XX US, Outside State
Terminated 6/18/1996
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 96-2735[]
Def Custody Status
Flags 14, CLOSED
Timeline
  Entries (59) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 2/5/2002, Entered: 2/5/2002 Archives File Sent to FRC
ARCHIVES FILE sent to FRC, Chicago on 1/7/02, Accession No. 021-02-0014 Box No. 43 of 46 Location 122113-122203 (RK, ilcd)
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Blank 42 Filed: 8/6/1997, Entered: 8/6/1997 USCA Mandate
MANDATE from USCA affirming the decision of the District Court [24-1] with costs (SH, ilcd)
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Blank -- Filed: 8/6/1997, Entered: 8/6/1997 Appeal Record Returned
RECORD ON APPEAL returned from U.S. Court of Appeals (1 volume pledings) (SH, ilcd)
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Blank 41 Filed: 6/20/1997, Entered: 6/20/1997 OrderCourt Filing
ORDER by Judge Joe B. McDade denying motion for order to increase pla's bond from $3,000 to $6,000 [39-1] (cc: all counsel) (SH, ilcd)
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Blank 40 Filed: 6/19/1997, Entered: 6/20/1997 Memorandum in Opposition to Motion/Petition
MEMORANDUM IN OPPOSITION to motion for order to increase pla's bond from $3,000 to $6,000 [39-1] by plaintiff Amer Train Dispatch (SH, ilcd)
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Blank 39 Filed: 6/6/1997, Entered: 6/6/1997, Terminated: 6/20/1997 Motion for Order
MOTION by defendant Fort Smith RR Co for order to increase pla's bond from $3,000 to $6,000 (MB, ilcd)
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Blank 38 Filed: 10/31/1996, Entered: 10/31/1996 Letter of Transmittal USCA
Letter of transmittal from USCA returned as they received the 1 volume of pleadings on 10/28/96 (HK, ilcd)
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Blank 37 Filed: 10/23/1996, Entered: 10/23/1996 Letter of Transmittal USCA
Letter of transmittal to USCA forwarding 1 volume of record on appeal to CA7 (HK, ilcd)
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Blank 36 Filed: 10/23/1996, Entered: 10/23/1996 ~Notice (other)
NOTICE from CA7 requesting entire record be forwarded to CA7 immediately (HK, ilcd)
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Blank -- Filed: 10/23/1996, Entered: 10/23/1996 Appeal Record Sent to USCA
CLERK'S RECORD on appeal transmitted to USCA (1 volume of pleadings) (HK, ilcd)
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Blank -- Filed: 10/3/1996, Entered: 10/3/1996 Receipt
RECEIPT by Atty LaKemper for 1 volume of record on appeal returned to the Clerk's office (HK, ilcd)
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Blank -- Filed: 9/26/1996, Entered: 9/26/1996 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Joe B. McDade granting motion for order to correct the record on appeal [35-1]. Clerk is ordered to include the Court's notice of hearing on the preliminary injunction and defendant's return of service in the record on appeal. (cc: all counsel) (HK, ilcd)
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Blank 35 Filed: 9/25/1996, Entered: 9/25/1996, Terminated: 9/26/1996 Motion for Order
MOTION by defendant Fort Smith RR Co for order to correct the record on appeal (HK, ilcd)
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Blank -- Filed: 8/20/1996, Entered: 8/21/1996 Receipt
RECEIPT for record on appeal by Atty LaKemper, counsel for Dft (CL, ilcd)
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Blank 34 Filed: 8/19/1996, Entered: 8/20/1996 Transcript
TRANSCRIPT of Proceedings held 5/28/96 filed (SH, ilcd)
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Blank -- Filed: 8/16/1996, Entered: 8/16/1996 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Joe B. McDade granting motion for order for withdrawal of record [33-1] (cc: all counsel) (HK, ilcd)
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Blank 33 Filed: 8/15/1996, Entered: 8/15/1996, Terminated: 8/16/1996 Motion for Order
MOTION by defendant Fort Smith RR Co for order for withdrawal of record (HK, ilcd)
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Blank 32 Filed: 7/26/1996, Entered: 7/26/1996 OrderCourt Filing
ORDER by Judge Joe B. McDade. motion to strike last paragraph of page 3 of pltf's response is DENIED; paragraph 2 is reasonable; and motion to strike the two attachments to pltf's response is ALLOWED [31-1], denying motion for stay pending appeal [26-1] (cc: all counsel/CA7) (HK, ilcd)
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Blank 31 Filed: 7/23/1996, Entered: 7/23/1996, Terminated: 7/26/1996 Motion to Strike
MOTION by defendant Fort Smith RR Co to strike plaintiff's opposition to motion for stay pending appeal (HK, ilcd)
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Blank 31 Filed: 7/23/1996, Entered: 7/23/1996, Terminated: 7/26/1996 Reply to Response to Motion
REPLY by defendant Fort Smith RR Co to plaintiff's opposition/response to motion for stay pending appeal [26-1] (HK, ilcd)
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Blank 30 Filed: 7/23/1996, Entered: 7/23/1996 Response to Motion
RESPONSE/OPPOSITION by plaintiff Amer Train Dispatch to motion for stay pending appeal [26-1] (HK, ilcd)
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Blank 29 Filed: 7/22/1996, Entered: 7/23/1996 USCA Notice of Docketing ROA
Notification by USCA of Appellate Docket Number 96-2735 (LR, ilcd)
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Blank 28 Filed: 7/15/1996, Entered: 7/15/1996 Short Record of Appeal Sent to USCA
SHORT RECORD ON APPEAL sent to USCA (consisting of docket sheet/information sheet/order/jgm/notice of appeal (HK, ilcd)
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Blank -- Filed: 7/15/1996, Entered: 7/15/1996 Filing Fee Received
FILING FEE PAID on 7/15/96 in the amount of $105.00 receipt #023002. (HK, ilcd)
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Blank 27 Filed: 7/12/1996, Entered: 7/15/1996 Memorandum in Support of Motion
MEMORANDUM IN SUPPORT of motion for stay pending appeal [26-1] by defendant Fort Smith RR Co (HK, ilcd)
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Blank 26 Filed: 7/12/1996, Entered: 7/15/1996 Motion to Stay
MOTION by defendant Fort Smith RR Co for stay pending appeal (HK, ilcd)
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Blank 25 Filed: 7/12/1996, Entered: 7/15/1996 Response
RESPONSE by defendant Fort Smith RR Co motion for leave to file new bond [23-1] (HK, ilcd)
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Blank 24 Filed: 7/12/1996, Entered: 7/15/1996 Notice of Appeal
NOTICE of APPEAL by defendant Fort Smith RR Co from Dist. Court decision of 6/18/96 & the Judgment entered 7/3/96 [19-1] (HK, ilcd)
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Blank -- Filed: 7/12/1996, Entered: 7/12/1996 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Joe B. McDade granting motion for leave to file to file new bond [23-1] (cc: all counsel) (HK, ilcd)
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Blank 23 Filed: 7/11/1996, Entered: 7/12/1996 Motion for Leave to File
MOTION by plaintiff Amer Train Dispatch for leave to file to file new bond (HK, ilcd)
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Blank 22 Filed: 7/3/1996, Entered: 7/3/1996 OrderCourt Filing
ORDER by Judge Joe B. McDade denying motion for leave to file bond Instanter [20-1]. Granting Defendant's objections to proposed bond [21-1]. Pltf given leave to obtain a new bond and to file a new motion for leave to file such bond on or before 7/12/96 (misc ddl created 7/12/96) (cc: all counsel) (HK, ilcd)
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Blank 21 Filed: 7/3/1996, Entered: 7/3/1996 Response to Motion
OBJECTION/RESPONSE by defendant Fort Smith RR Co to the proposed bond/motion for leave to file bond Instanter [20-1] (HK, ilcd)
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Blank 20 Filed: 7/1/1996, Entered: 7/2/1996, Terminated: 7/3/1996 Motion for Leave to File
MOTION by plaintiff Amer Train Dispatch for leave to file bond Instanter (HK, ilcd)
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Blank -- Filed: 6/19/1996, Entered: 6/19/1996 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Joe B. McDade finding the motion to strike plaintiff's response to objections to proposed order [17-1] moot. The Order in this case has already been issued. (cc: all counsel) (VB, ilcd)
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Blank 19 Filed: 6/18/1996, Entered: 6/19/1996 Judgment*
JUDGMENT in a civil case entered - Ordered that judgment is entered in favor of Plaintiff and against Defendant. Each party to bear its own attorney's fees and costs. (cc: all counsel) (SH, ilcd)
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Blank 18 Filed: 6/18/1996, Entered: 6/18/1996 OrderCourt Filing
ORDER by Judge Joe B. McDade ORDERED that Dft's Motion for Preliminary Injunction (#3) is GRANTED. Pursuant to Fed. R. Civ. P. 65(c), Plaintiff shall post $3,000 as security with the Clerk of the US District Court for the Central District of Illinois by 5:00pm on 6/28/96. misc ddl for posting of bond by 6/28/96 . Such bond shall remain posted until the final disposition of this case on appeal or until the time for appeal has elapsed with no appeal filed. FURTHER ORDERED that the preliminary injunction motion is consolidated with a hearing on the merits pursuant to Fed. R. Civ. P. 65(a)(2) so as to GRANT PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF as follows: Defendant, its agents, officer, employees and representatives, shall immediately cease and desist from its refusal to participate in mediation as conducted by the National Mediation Board at such places, including Washington, DC, and times as the Board deems appropriate, provided that the Board acts in good faith. In compliance with Section 2, First of the Railway Labor Act, during such mediation, the parties shall exert every reasonable effort to reach an agreement concerning the rates of pay, rules, and working conditions of the employees whom Plaintiff represents. FURTHER ORDERED that the Clerk shall enter final judgment in favor of Plaintiff, each party to bear its own attorney's fees and costs. terminating the case (cc: all counsel) (SH, ilcd)
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Blank 17 Filed: 6/18/1996, Entered: 6/18/1996, Terminated: 6/18/1996 Motion to Strike
MOTION by defendant Fort Smith RR Co to strike plaintiff's response to objections to proposed order (CL, ilcd)
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Blank 16 Filed: 6/14/1996, Entered: 6/14/1996 Response
PLAINTIFF'S RESPONSE by plaintiff Amer Train Dispatch TO OBJECTIONS TO PROPOSED ORDER [15-1] (HK, ilcd)
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Blank 15 Filed: 6/10/1996, Entered: 6/11/1996 Response - Miscellaneous
OBJECTIONS by defendant Fort Smith RR Co to proposed order [0-1] (CL, ilcd)
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Blank 14 Filed: 6/10/1996, Entered: 6/10/1996 Letter
LETTER from Daniel LaKemper of Fort Smith Railroad Company stating his intention to file written objections to the proposed order (HK, ilcd)
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Blank 13 Filed: 6/4/1996, Entered: 6/4/1996 Affirmative Defenses
AFFIRMATIVE DEFENSES filed by defendant Fort Smith RR Co (HK, ilcd)
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Blank 13 Filed: 6/4/1996, Entered: 6/4/1996 Answer
ANSWER by defendant Fort Smith RR Co; jury demand (HK, ilcd)
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Blank -- Filed: 6/4/1996, Entered: 6/4/1996 Remark
Remark-proposed order granting preliminary & permanent injunction received this date (HK, ilcd)
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Blank -- Filed: 6/4/1996, Entered: 6/4/1996 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Joe B. McDade granting motion for leave to file answer [11-1]. The answer attached to such motion shall be separately docketed (cc: all counsel) (HK, ilcd)
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Blank 12 Filed: 6/3/1996, Entered: 6/4/1996 Memorandum in Support of Motion
MEMORANDUM IN SUPPORT of motion for leave to file answer [11-1] by defendant Fort Smith RR Co (HK, ilcd)
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Blank 11 Filed: 6/3/1996, Entered: 6/4/1996 Motion for Leave to File
MOTION by defendant Fort Smith RR Co for leave to file answer (HK, ilcd)
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Blank 10 Filed: 5/29/1996, Entered: 5/29/1996 Exhibit
Clerk's EXHIBIT LIST from 5/28/96 evidentiary hearing on motion for preliminary injunction (HK, ilcd)
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Blank 9 Filed: 5/28/1996, Entered: 5/28/1996 Memorandum in Opposition to Motion/Petition
MEMORANDUM IN OPPOSITION to motion for preliminary injunction [3-1] by defendant Fort Smith RR Co (HK, ilcd)
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Blank 8 Filed: 5/28/1996, Entered: 5/28/1996 Certificate of Interest
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant Fort Smith RR Co (HK, ilcd)
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Blank -- Filed: 5/28/1996, Entered: 5/29/1996 Minutes-Miscellaneous
MINUTE-ENTRY:by Judge Joe B. McDade. Attorneys Stuckel, Thompson & LaKemper present in open court for Evidentiary hearing on Motion for Preliminary Injunction. Same held 5/28/96. . Pltf presents evidence by offering exhibits to Volz declarations #7,8,10 & 13. Defendant presents evidence by offering 1-9 & 11-13 of Volz declaration & exhibit A to defendant's memorandum in opposition to motion for preliminary injunction. Arugments by counsel. Court combines preliminary & permanent injunction issues into this hearing. Court grants motion for preliminary injunction [3-1] in that defendant must go to DC for mediation. Plaintiff is to prepare & submit a proposed order to the Court reflecting the Court's rulings today within 7 days of today (misc ddl of 6/6/96 created for submission the proposed order). Defendant has 7 days thereafter to respond to the proposed order. (cc: all counsel) (HK, ilcd)
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Blank 7 Filed: 5/13/1996, Entered: 5/14/1996 Service - Miscellaneous
RETURN OF SERVICE executed upon defendant Fort Smith RR Co on 5/13/96 (HK, ilcd)
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Blank 6 Filed: 5/13/1996, Entered: 5/13/1996 OrderCourt Filing
ORDER by Judge Joe B. McDade granting motion for attorney Michael S Wolly to appear pro hac vice [2-1]. However, counsel may only appear of record on one occasion before securing regular admission to the bar. (cc: all counsel) (HK, ilcd)
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Blank -- Filed: 5/13/1996, Entered: 5/13/1996 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Joe B. McDade ; Evidentiary hearing on Motion for Preliminary Injunction set on Tuesday, May 28, 1996 at 2:00pm-in person (cc: all counsel & Deft by Clerk) (HK, ilcd)
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Blank 5 Filed: 5/10/1996, Entered: 5/13/1996 Affidavit
DECLARATION/AFFIDAVIT of David Volz regarding motion for preliminary injunction [3-1] (HK, ilcd)
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Blank 4 Filed: 5/10/1996, Entered: 5/13/1996 Memorandum in Support of Motion
MEMORANDUM IN SUPPORT of motion for preliminary injunction [3-1] by plaintiff Amer Train Dispatch (HK, ilcd)
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Blank 3 Filed: 5/10/1996, Entered: 5/13/1996 Motion for Preliminary Injunction
MOTION by plaintiff Amer Train Dispatch for preliminary injunction (HK, ilcd)
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Blank 2 Filed: 5/10/1996, Entered: 5/13/1996, Terminated: 5/13/1996 Motion for Miscellaneous Relief
MOTION by plaintiff Amer Train Dispatch for attorney Michael S Wolly to appear pro hac vice (HK, ilcd)
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Blank 1 Filed: 5/10/1996, Entered: 5/13/1996 ComplaintCourt Filing
COMPLAINT,fld. summonses issued. case referred to Mag. Judge Robert J. Kauffman. Rule 41 notice/consent to magistrate forms given to Pltf by Clerk (HK, ilcd)
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Blank -- Filed: 5/10/1996, Entered: 5/13/1996 Filing Fee Received
FILING FEE PAID on 5/10/96 in the amount of $ 120.00 receipt # 022756. (HK, ilcd)
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