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 41 |
Filed: 11/16/2006, Entered: 11/16/2006 |
Order on Motion to Dismiss |
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ORDER: The parties' Joint Motion to Dismiss with Prejudice [39] is ALLOWED. This case is CLOSED. Entered by Judge Richard Mills on 11/15/06. (ME, ilcd)
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| 40 |
Filed: 11/8/2006, Entered: 11/14/2006 |
USCA Mandate |
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MANDATE of USCA as to [28] Notice of Cross Appeal filed by Brotherhood of Locomotive Engineers & Trainmen, [26] Notice of Appeal filed by Kansas City Southern Railroad Company. Appeal dismissed pursuant to FRAP 42(b). (ME, ilcd)
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| 39 |
Filed: 10/19/2006, Entered: 10/19/2006, Terminated: 11/16/2006 |
Motion to Dismiss |
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Joint MOTION to Dismiss with Prejudice by Plaintiff Kansas City Southern Railroad Company.Responses due by 11/2/2006 (Harrison, Rodney)
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Filed: 10/10/2006, Entered: 10/10/2006 |
Order on Motion for Extension of Time to File |
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TEXT ORDER: Agreed Motion and Order to Extend Deadline for Filing Dismissal Stipulation [38]. Motion ALLOWED. Time extended to and including October 24, 2006, for parties to file Stipulation and proposed Order. Entered by Mag. Judge Evans on 10/10/06. (MR, ilcd)
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| 38 |
Filed: 10/6/2006, Entered: 10/6/2006, Terminated: 10/10/2006 |
Motion for Extension of Time |
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Consent MOTION for Extension of Time to File Stipulation of Dismissal by Defendant Brotherhood of Locomotive Engineers & Trainmen.Responses due by 10/20/2006 (Wolly, Michael)
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Filed: 10/2/2006, Entered: 10/2/2006 |
Order on Motion for Attorney Fees |
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TEXT ORDER by Judge Richard Mills: On September 8, 2006, the parties phoned the Court and informed it that they settled their case. The parties are ordered to file a stipulation to dismiss and proposed dismissal order by October 10, 2006. Ergo, the Defendant's Motion for Attorneys' Fees (d/e 25) is DENIED AS MOOT. Entered by Judge Richard Mills on 10/2/2006. (MAS, ilcd)
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| 37 |
Filed: 9/5/2006, Entered: 9/5/2006 |
Reply to Response to Motion |
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REPLY to Response to Motion re [25] MOTION for Attorney Fees filed by Cross Defendant Kansas City Southern Railroad Company, Plaintiff Kansas City Southern Railroad Company. (Attachments: # (1) Reply Ex. 1 - Godiner Declaration)(Godiner, Clifford)
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| -- |
Filed: 8/23/2006, Entered: 8/23/2006 |
Order on Motion For Leave to File. |
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TEXT ORDER by Judge Richard Mills: Defendant BLETs Motion for Leave to File Correction and Response to KCS's Opposition to BLET's Petition for Attorneys' Fees and Costs and Supplemental Declaration [35] is ALLOWED. Plaintiff Kansas City Southern is given leave to reply to Defendant's response. If Plaintiff elects to file a reply, it must file the reply by September 5, 2006. Entered by Judge Richard Mills on 8/23/06. (MR, ilcd)
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| 36 |
Filed: 8/18/2006, Entered: 8/18/2006 |
Response to Motion |
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RESPONSE to Motion re [35] MOTION for Leave to File Correction and Response to KCS's Opposition to BLET's Petition for Attorneys' Fees and Costs and Supplemental Decxlaration of Michael Wolly filed by Cross Defendant Kansas City Southern Railroad Company, Plaintiff Kansas City Southern Railroad Company. (Godiner, Clifford)
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| 35 |
Filed: 8/16/2006, Entered: 8/16/2006, Terminated: 8/23/2006 |
Motion for Leave to File |
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MOTION for Leave to File Correction and Response to KCS's Opposition to BLET's Petition for Attorneys' Fees and Costs and Supplemental Decxlaration of Michael Wolly by Cross Claimant Brotherhood of Locomotive Engineers & Trainmen.Responses due by 8/30/2006 (Attachments: # (1) Correction and Response to Opposition to Fee Petition# (2) Affidavit Supplemental Declaration of Michael Wolly)(Wolly, Michael)
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| 34 |
Filed: 8/14/2006, Entered: 8/15/2006 |
USCA Order |
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ORDER of USCA as to [28] Notice of Cross Appeal, [26] Notice of Appeal. These appeals are consolidated for purposes of briefing and disposition. (MR, ilcd)
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| 33 |
Filed: 8/10/2006, Entered: 8/10/2006 |
Response to Motion |
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RESPONSE to Motion re [25] MOTION for Attorney Fees and Bill of Costs filed by Cross Defendant Kansas City Southern Railroad Company, Plaintiff Kansas City Southern Railroad Company. (Attachments: # (1) Exhibit 1 - Objections)(Godiner, Clifford)
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Filed: 8/9/2006, Entered: 8/9/2006 |
Set/Reset Deadlines/Hearings |
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Set/Reset Deadlines/Hearings: Miscellaneous Deadline 8/23/2006 set for objections to Bill of Costs (MR, ilcd)
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Filed: 8/9/2006, Entered: 8/9/2006 |
~Notice (other) |
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NOTICE re [31] Bill of Costs: Costs will be taxed in the amount of $58,325.20 ; parties have 10 working days (8/23/06) to file objections. (MR, ilcd)
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| 32 |
Filed: 8/7/2006, Entered: 8/9/2006 |
USCA Notice of Docketing ROA |
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NOTICE of Docketing Record on Appeal from USCA re [28] Notice of Cross Appeal filed by Brotherhood of Locomotive Engineers & Trainmen. USCA Case Number 06-3089 (MR, ilcd)
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| 31 |
Filed: 8/4/2006, Entered: 8/4/2006 |
Bill of Costs |
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BILL OF COSTS. (Wolly, Michael)
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| 30 |
Filed: 8/2/2006, Entered: 8/2/2006 |
USCA Notice of Docketing ROA |
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NOTICE of Docketing Record on Appeal from USCA re [26] Notice of Appeal filed by Kansas City Southern Railroad Company. USCA Case Number 06-3059 (MR, ilcd)
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| 29 |
Filed: 8/1/2006, Entered: 8/1/2006 |
Short Record of Appeal Sent to USCA |
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Short Record of Appeal Sent to U S Court of Appeals regarding Notice of Cross Appeal [d/e 28] (Attachment: # (1) Page 2)(MAS, ilcd)
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| 28 |
Filed: 7/31/2006, Entered: 7/31/2006, Terminated: 11/8/2006 |
Notice of cross-appeal |
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NOTICE OF CROSS APPEAL as to [24] Order on Motion to Alter Judgment,, [16] Order on Motion for Summary Judgment,,, by Brotherhood of Locomotive Engineers & Trainmen. Filing fee $ 455. (Wolly, Michael)
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Filed: 7/31/2006, Entered: 7/31/2006 |
USCA Appeal Fees |
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U S Court of Appeal Fees received in the amount of $ 455.00, receipt number S007883 regarding Notice of Cross Appeal [28] filed by Brotherhood of Locomotive Engineers & Trainmen. (MAS, ilcd)
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| 27 |
Filed: 7/28/2006, Entered: 7/28/2006 |
Short Record of Appeal Sent to USCA |
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Short Record of Appeal Sent to US Court of Appeals re [26] Notice of Appeal (MR, ilcd)
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| 26 |
Filed: 7/25/2006, Entered: 7/25/2006, Terminated: 11/8/2006 |
Notice of Appeal |
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NOTICE OF APPEAL by Kansas City Southern Railroad Company, Kansas City Southern Railroad Company. (Godiner, Clifford)
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Filed: 7/25/2006, Entered: 7/26/2006 |
USCA Appeal Fees |
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USCA Appeal Fees received $ 455.oo; receipt number S007861 re [26] Notice of Appeal filed by Kansas City Southern Railroad Company, (MR, ilcd)
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| 25 |
Filed: 7/24/2006, Entered: 7/24/2006, Terminated: 10/2/2006 |
Motion for Attorney Fees |
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MOTION for Attorney Fees by Cross Claimant Brotherhood of Locomotive Engineers & Trainmen. Responses due by 8/7/2006 (Attachments: # (1))(Wolly, Michael)
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| 24 |
Filed: 6/27/2006, Entered: 6/27/2006 |
Order on Motion to Alter Judgment |
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OPINION: The Court's March 15, 2006, Judgment [17] is correct as written. Defendant Brotherhood of Locomotive Engineers & Trainmen's Motion to Alter or Amend Judgment [18] is DENIED. This case is closed. Entered by Judge Richard Mills on 6/26/06. (MR, ilcd) Modified on 6/27/2006 in editor to reflect document as opinion.(MR, ilcd).
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| 23 |
Filed: 4/7/2006, Entered: 4/7/2006 |
Memorandum in Opposition to Motion/Petition |
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MEMORANDUM in Opposition re [18] MOTION to Alter Judgment filed by Plaintiff Kansas City Southern Railroad Company. (Attachments: # (1) Exhibit A)(Godiner, Clifford)
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| 22 |
Filed: 4/7/2006, Entered: 4/7/2006 |
Order |
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OPINION entered by Judge Richard Mills on 4/6/2006: The Court's April 4, 2006, Opinion (d/e 20) is sua sponte vacated. The Railway's Motion for Extension of Time (d/e 19) is ALLOWED. The Railway's response to the Union's motion to amend is due on April 7, 2006. (MAS, ilcd)
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| 21 |
Filed: 4/5/2006, Entered: 4/5/2006 |
Judgment* |
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AMENDED JUDGMENT entered pursuant to the Opinion entered by the Honorable Richard Mills on 4/4/2006. (MAS, ilcd) VACATED PER 4/7/06 OPINION. Modified on 6/26/2006 (MC, ilcd).
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| 20 |
Filed: 4/4/2006, Entered: 4/4/2006 |
Order on Motion to Alter Judgment |
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OPINION entered by Judge Richard Mills on 4/4/2006. Plaintiff Kansas City Southern Railway Company's Motion for Extension of Time (d/e 19) is DENIED as untimely. Defendant Brotherhood of Locomotive Engineers & Trainmen's Motion to Alter Judgment (d/e 18) is ALLOWED. (NOTE: SEE OPINION FOR AMENDMENTS TO THE COURT'S MARCH 15, 2006 OPINION). (MAS, ilcd). VACATED pursuant to 4/7/06 Opinion. Modified on 4/7/2006 (MR, ilcd).
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| 19 |
Filed: 4/3/2006, Entered: 4/3/2006, Terminated: 4/4/2006 |
Motion for Extension of Time to File Response/Repl |
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MOTION for Extension of Time to File Response/Reply to BLET's Motion to Alter or Amend Judgment by Plaintiff Kansas City Southern Railroad Company. Responses due by 4/17/2006 (Godiner, Clifford)
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| 18 |
Filed: 3/17/2006, Entered: 3/17/2006, Terminated: 6/27/2006 |
~Motion to Alter Judgment |
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MOTION to Alter Judgment by Cross Claimant Brotherhood of Locomotive Engineers & Trainmen. Responses due by 3/31/2006 (Attachments: # (1) Text of Proposed Order Proposed Amended Judgment)(Wolly, Michael)
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| 17 |
Filed: 3/15/2006, Entered: 3/15/2006 |
Judgment* |
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JUDGMENT entered in favor of Defendant and against Plaintiff pursuant to Opinion entered by Judge Richard Mills. (MR, ilcd)
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| 16 |
Filed: 3/15/2006, Entered: 3/15/2006 |
Order on Motion for Summary Judgment |
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OPINION: Plaintiff Kansas City Southern Company's Motion for Summary Judgment (d/e 9) is DENIED and Defendant Brotherhood of Locomotive Engineers & Trainmen's Motion for Summary Judgment (d/e 11) is ALLOWED. This case is CLOSED. Entered by Judge Richard Mills on 3/14/05. (MR, ilcd)
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| 15 |
Filed: 10/11/2005, Entered: 10/11/2005 |
Reply to Response to Motion |
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REPLY to Response to Motion re [9] MOTION for Summary Judgment filed by Plaintiff Kansas City Southern Railroad Company. (Godiner, Clifford)
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| 14 |
Filed: 10/11/2005, Entered: 10/11/2005 |
Reply to Response to Motion |
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REPLY to Response to Motion re [11] MOTION for Summary Judgment filed by Defendant Brotherhood of Locomotive Engineers & Trainmen. (Attachments: # (1) Affidavit)(Wolly, Michael)
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| 13 |
Filed: 9/15/2005, Entered: 9/15/2005 |
Memorandum in Opposition to Motion/Petition |
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MEMORANDUM in Opposition re [11] MOTION for Summary Judgment filed by Cross Defendant Kansas City Southern Railroad Company, Plaintiff Kansas City Southern Railroad Company. (Attachments: # (1) Exhibit 1 - Second Alexander Declaration# (2) Exhibit 2 - Decision in CSX Case# (3) Exhibit 3 - BLET Memorandum from CSX case# (4) Exhibit 4 - BLET Memorandum from CSX Case)(Godiner, Clifford)
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| 12 |
Filed: 9/15/2005, Entered: 9/15/2005 |
Memorandum in Opposition to Motion/Petition |
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MEMORANDUM in Opposition re [9] MOTION for Summary Judgment filed by Defendant Brotherhood of Locomotive Engineers & Trainmen. (Wolly, Michael)
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| 11 |
Filed: 8/15/2005, Entered: 8/15/2005, Terminated: 3/15/2006 |
Motion for Summary Judgment |
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MOTION for Summary Judgment by Defendant Brotherhood of Locomotive Engineers & Trainmen. Responses due by 9/5/2005 (Attachments: # (1) # (2) # (3) # (4) # (5))(Wolly, Michael)
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| 10 |
Filed: 8/15/2005, Entered: 8/15/2005 |
Memorandum in Support of Motion |
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MEMORANDUM in Support re [9] MOTION for Summary Judgment filed by Cross Defendant Kansas City Southern Railroad Company, Plaintiff Kansas City Southern Railroad Company. (Attachments: # (1) Exhibit A - Alexander Dec.# (2) Exhibit B - Definition# (3) Exhibit C - Definition)(Godiner, Clifford)
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| 9 |
Filed: 8/15/2005, Entered: 8/15/2005, Terminated: 3/15/2006 |
Motion for Summary Judgment |
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MOTION for Summary Judgment by Cross Defendant Kansas City Southern Railroad Company, Plaintiff Kansas City Southern Railroad Company. Responses due by 9/5/2005 (Godiner, Clifford)
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| 8 |
Filed: 8/10/2005, Entered: 8/10/2005 |
Exhibit |
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Exhibit Notice of Filing of Joint Exhibit 1 by Kansas City Southern Railroad Company, Kansas City Southern Railroad Company. (Attachments: # (1) Joint Exhibit 1, Part 1# (2) Joint Exhibit 1, Part 2# (3) Joint Exhibit 1, Part 3# (4) Joint Exhibit 1, Part 4# (5) Joint Exhibit 1, Part 5# (6) Joint Exhibit 1, Part 6# (7) Joint Exhibit 1, Part 7)(Godiner, Clifford)
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Filed: 6/28/2005, Entered: 6/28/2005 |
Scheduling Conference |
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MINUTE ORDER: for proceedings held 6/28/05. Telephone status/schedulingconference held. Attys Godiner, Wolly and Stuckel present. Status, scheduling,further proceedings considered. Parties Report of Rule 26(f) Planning Meeting (d/e 7) filed 6/21/05 states parties anticipate the liability issue will be decided on cross motions for summary judgment and parties believe that a trial in this case will not be necessary. Therefore, no scheduling order entered. Parties given to and including 8/15/05 for the filing of cross-motions for summary judgment with supporting memorandums; 9/15/05 to file memoranda in opposition, and 10/11/05 to file Reply Memoranda. Entered by Mag. Judge Charles H. Evans on 6/28/05. (MR, ilcd)
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| 7 |
Filed: 6/21/2005, Entered: 6/21/2005 |
Report of Rule 26.f Planning Meeting |
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REPORT of Rule 26(f) Planning Meeting by Brotherhood of Locomotive Engineers & Trainmen, Kansas City Southern Railroad Company, Kansas City Southern Railroad Company, Brotherhood of Locomotive Engineers & Trainmen. (Godiner, Clifford)
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| 6 |
Filed: 6/9/2005, Entered: 6/9/2005 |
Answer to Crossclaim |
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ANSWER to Crossclaim by Cross Defendant Kansas City Southern Railroad Company.(Godiner, Clifford)
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Filed: 5/23/2005, Entered: 5/23/2005 |
Order |
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TEXT ORDER: Telephone Status/Scheduling is set for TUESDAY, JUNE 28,2005, at 10:00 a.m. Court will initiate conference call. Attorneys are directed to comply with Federal Rules of Civil Procedure 26(f) by meeting as soon aspracticable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court at least four (4) days prior to the scheduling conference. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 26(f), and CDIL-LR 16.2(E) with proposed deadlines. If a discovery plan is not submitted as required, the discovery conference may not be held and costs may be assessed. Entered by Mag. Judge Charles Evans on 5/20/05. (MR, ilcd)
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| 5 |
Filed: 5/20/2005, Entered: 5/20/2005 |
Answer |
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ANSWER AND AFFIRMATIVE DEFENSES to Complaint and, CROSSCLAIM filed as Answer and Cross-Petition for Enforcement of Award and Order of the National Raildroad Adjustment Board, First Division, Pursuant to the Railway Labor Act, against Kansas City Southern Railroad Company by Defendant Brotherhood of Locomotive Engineers & Trainmen, Plaintiff Kansas City Southern Railroad Company.(Stuckel, David)
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| 4 |
Filed: 4/22/2005, Entered: 4/22/2005 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed by Kansas City Southern Railroad Company. Brotherhood of Locomotive Engineers & Trainmen waiver sent on 3/22/2005, answer due 5/23/2005. (Attachments: # (1) Exhibit Executed Waiver of Service Form)(Godiner, Clifford)
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| 3 |
Filed: 4/21/2005, Entered: 4/21/2005 |
Request for Waiver of Service and Notice of Lawsui |
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REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Don M. Hahs, National President, Brotherhood of Loco. Eng'rs & Trainmen on 3/22/05 by Kansas City Southern Railroad Company. (Attachments: # (1) Exhibit Waiver of Service Documents)(Godiner, Clifford)
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Filed: 4/15/2005, Entered: 4/15/2005 |
Order |
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TEXT ORDER: Court notes Complaint was filed 3/21/05 and no summonsissued. If Plaintiff is seeking to serve defendant with Waiver of Service, plaintiff is to note Local Rule 4.1 regarding filing written proof of the written notice of lawsuit and request for waiver of service of summons on the Defendant within seven (7) days of the mailing of the notice. Plaintiff is to note F.R.C.P. 4(m) which provides for dismissal if service of summons and complaint is not made within 120 days after filing of the complaint. This case will again be reviewed on 5/6/05 and such action taken as deemed appropriate. Entered by Mag. Judge Charles H. Evans on 4/15/05.(MR, ilcd)
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| 2 |
Filed: 3/21/2005, Entered: 3/22/2005 |
Certificate of Interest |
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CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Kansas City Southern Railroad Company. (MR, ilcd)
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| Save 25% on a pre-paid one year subscription. |
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| 1 |
Filed: 3/21/2005, Entered: 3/22/2005 |
Complaint |
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COMPLAINT against Brotherhood of Locomotive Engineers & Trainmen (Filing fee $ 250 paid. Receipt #S006003.) , filed by Kansas City Southern Railroad Company. (Attachments: # (1) civil cover sheet)(MR, ilcd)
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