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 69 |
Filed: 1/18/2012, Entered: None |
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Appeal Record Returned:USCA #10-10888 68 received 1 Original Joint Appendix #31, the electronic copy of the record has been recycled. (tle) (Entered: 01/18/2012)
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| 68 |
Filed: 11/8/2011, Entered: None |
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Appeal record not returned:USCA #10-10888 Record / original papers /exhibits to be returned. (tle) (Entered: 11/09/2011)
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| 67 |
Filed: 11/8/2011, Entered: None |
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Opinion of USCA #10-10888 (certified copy) in accordance with USCA judgment re 59 Notice of Appeal, filed by Brotherhood of Locomotive Engineers & Trainmen...We AFFIRM the district court's vacatur of the Public Law Board ("PLB")decision...We VACATE the district court's order remanding the National Railroad Adjustment Board and REMAND to the district court with instructions to remand back to PLB 6983 (see order for specifics). (tle) (Entered: 11/09/2011)
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| 66 |
Filed: 11/8/2011, Entered: None |
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JUDGMENT/MANDATE of USCA #10-10888 as to 59 Notice of Appeal, filed by Brotherhood of Locomotive Engineers & Trainmen...It is ordered and adjudged that the judgment of the District Court is vacated and the cause is remanded to the District Court with instructions to remand back to PLB 6983. Issued as Mandate: 9/1/2011. (tle) (Entered: 11/09/2011)
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| 65 |
Filed: 9/6/2011, Entered: None |
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ORDER: The court ORDERS that the part of such final judgment that is quoted above be, and is hereby, changed so that it is replaced by the words "the controversy that is the subject matter of such award be, and is hereby, remanded to Public Law Board No. 6983 for further consideration." The court further ORDERS that, other than the change indicated above, such July 14, 2010, final judgment and its related order, with a comparable change, remain in effect. (Ordered by Judge John McBryde on 9/6/2011) (klm) Modified text and regenerated NEF on 9/8/2011 (klm). (Entered: 09/07/2011)
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Filed: 4/18/2011, Entered: None |
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NOTICE of Docketing Record on Appeal from USCA re 59 Notice of Appeal, filed by Brotherhood of Locomotive Engineers & Trainmen. USCA Case Number 10-10888, received on 4/12/11. (tle)
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| 64 |
Filed: 4/5/2011, Entered: None |
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Record on Appeal for USCA5 10-10888 (related to 59 appeal): Record consisting of: 2 Volume(s) ECF electronic record, 2 Volume(s) electronic transcript, transmitted to USCA5. Fed-Ex Tracking Number:296929368003346. (tle) (Entered: 04/06/2011)
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Filed: 3/28/2011, Entered: None |
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Acknowledgment of Receipt of Appeal Record consisting of 1 ECF CD, 1 Original Appendix #31 by Warren Postman @ Jones Day. (tle)
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Filed: 2/10/2011, Entered: None |
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Record on Appeal for USCA5 10-10888 (related to 59 appeal): Record consisting of: 1 ECF electronic appeal record, 1 Original Joint Appendix #31, transmitted to Warren Postman @ Jones Day. Shipped by Fed-Ex Tracking No. 942917413344. (tle) .
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Filed: 11/8/2010, Entered: None |
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Record on Appeal for USCA5 10-10888 (related to 59 appeal): Record consisting of: 3 Vol ECF case papers which include 2 transcripts #63,60, 1 Original Appendix #31 certified to USCA. To request a copy of the record (on disk or on paper), contact the appeals deputy in advance to arrange delivery. (tle)
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| 63 |
Filed: 10/10/2010, Entered: None |
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NOTICE OF FILING OF OFFICIAL ELECTRONIC TRANSCRIPT of Telephone Conference Proceedings held on 7/2/10 before Judge John McBryde. Court Reporter/Transcriber Debbie Saenz, Telephone number 817.850.6661 or debbie.saenz@yahoo.com. 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 public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 11/1/2010. Redacted Transcript Deadline set for 11/10/2010. Release of Transcript Restriction set for 1/10/2011. (dgs) (Entered: 10/10/2010)
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Filed: 9/13/2010, Entered: None |
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USCA Case Number 10-10888 in USCA5 for 59 Notice of Appeal, filed by Brotherhood of Locomotive Engineers & Trainmen. (tle)
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| 62 |
Filed: 9/13/2010, Entered: None |
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TRANSCRIPT REQUEST for proceedings held on July 14, 2010 Telephone Conference before Judge John McBryde, Court Reporter Randy Wilson. (tle) (Entered: 09/13/2010)
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| 61 |
Filed: 9/13/2010, Entered: None |
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TRANSCRIPT REQUEST for proceedings held on July 2, 2010 Telephone Conference before Judge John McBryde, Court Reporter Debbie Saenz. (tle) (Entered: 09/13/2010)
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| 60 |
Filed: 9/10/2010, Entered: None |
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NOTICE OF FILING OF OFFICIAL ELECTRONIC TRANSCRIPT of Telephone Conference Proceedings held on 7/14/2010 before Judge McBryde. Court Reporter/Transcriber Pamela Wilson, Telephone number 214.662.1557. 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 public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 10/1/2010. Redacted Transcript Deadline set for 10/12/2010. Release of Transcript Restriction set for 12/9/2010. (pjw) (Entered: 09/10/2010)
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| 59 |
Filed: 8/27/2010, Entered: None |
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NOTICE OF APPEAL to the Fifth Circuit as to 58 Order on Motion for Reconsideration by Brotherhood of Locomotive Engineers & Trainmen. Filing fee $455, receipt number FW012191, Hearings held, Court Reporter Debbie Saenz, Randy Wilson, T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (tle) (Entered: 08/30/2010)
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| 58 |
Filed: 8/2/2010, Entered: None |
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ORDER denying 56 Motion for Reconsideration re 56 MOTION for Reconsideration re 52 Judgment, filed by Brotherhood of Locomotive Engineers & Trainmen (Ordered by Judge John McBryde on 8/2/2010) (wrb) (Entered: 08/03/2010)
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| 57 |
Filed: 8/2/2010, Entered: None |
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Appendix in Support filed by Brotherhood of Locomotive Engineers & Trainmen re 56 MOTION for Reconsideration re 52 Judgment, (wrb) (Entered: 08/03/2010)
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| 56 |
Filed: 8/2/2010, Entered: None |
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Rule 59(e) MOTION and brief in support to Reconsider and Change the Court's 52 Judgment, filed by Brotherhood of Locomotive Engineers & Trainmen (wrb) (Entered: 08/03/2010)
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| 55 |
Filed: 7/30/2010, Entered: None |
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RESPONSE filed by BNSF Railway Company re: 53 Correction to Representation Made By BLET Counsel At Conference With Court (egb) (Entered: 07/30/2010)
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| 53 |
Filed: 7/15/2010, Entered: None |
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Correction to Representation Made By BLET Counsel At Conference With Court filed by Brotherhood of Locomotive Engineers & Trainmen (dld) (Entered: 07/16/2010)
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| 54 |
Filed: 7/14/2010, Entered: None |
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Minute Entry for proceedings held before Judge John McBryde: Telephone Conference held on 7/14/2010. Court discussed its tentative conclusions regarding the topics briefed by the parties in filings made on July 12, 2010, and heard from the parties on the following issues: whether the court has authority to remand controversy to the National Railroad Adjustment Board, First Division, and whether UTU should be given notice of, and to what extent UTU should be able to participate in, the proceedings conducted pursuant to the remand. Attorney Appearances: Plaintiff - David Pryor; Defense - Margo Pave; Intervenor, UTU - Sanford Denison. (Court Reporter: Randy Wilson) (No exhibits) Time in Court - :15. (dld) (Entered: 07/16/2010)
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| 52 |
Filed: 7/14/2010, Entered: None |
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FINAL JUDGMENT... Ordered that Award No. 37 of Public Law Board No 6983 is vacated in its entirety, and that the controversy that is the subject matter of such award is remanded to the National Railroad Adjustment Board, First Division, as defined in 45 USC 153 First. Further ordered that UTU be given notice of, and an opportunity to participate in, the proceedings conducted upon the remand ordered (Ordered by Judge John McBryde on 7/14/2010) (wrb) (Entered: 07/15/2010)
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| 51 |
Filed: 7/14/2010, Entered: None |
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ORDER...Ordered that Award No. 37 of Public Law Board No 6983 is vacated in its entirety, and that the controversy that is the subject matter of such award is remanded to the National Railroad Adjustment Board, First Division, as defined in 45 USC 153 First. Further ordered that UTU be given notice of, and an opportunity to participate in, the proceedings conducted upon the remand ordered; terminating 21 Motion for Summary Judgment. ; terminating 24 Motion for Summary Judgment. ; terminating 26 Motion for Summary Judgment. (Ordered by Judge John McBryde on 7/14/2010) (wrb) (Entered: 07/15/2010)
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| 50 |
Filed: 7/12/2010, Entered: None |
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Appendix in Support filed by Brotherhood of Locomotive Engineers & Trainmen re 49 Supplemental Brief (Attachments: # 1 Additional Page(s)) (krg) (Entered: 07/13/2010)
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| 49 |
Filed: 7/12/2010, Entered: None |
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SUPPLEMENTAL BRIEF filed by Brotherhood of Locomotive Engineers & Trainmen (krg) (Entered: 07/13/2010)
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| 48 |
Filed: 7/12/2010, Entered: None |
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Appendix in Support filed by BNSF Railway Company re 47 Supplemental Brief in Support of Motion (krg) (Entered: 07/13/2010)
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| 47 |
Filed: 7/12/2010, Entered: None |
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Supplemental Brief in Support filed by BNSF Railway Company re 26 MOTION for Summary Judgment (krg) (Entered: 07/13/2010)
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| 46 |
Filed: 7/12/2010, Entered: None |
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BRIEF IN RESPONSE filed by United Transportation Union to the Court's 45 Order of July 6, 2010 (wrb) (Entered: 07/12/2010)
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| 45 |
Filed: 7/6/2010, Entered: None |
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ORDER: The court orders that by 2pm July 12 2010, each party to this action file a brief providing the court 1) a full statement of the party's contentions on the issues 2) whatever arguments the party has in support of its contentions and 3) citation to whatever legal authorities bear on its contentions. (Ordered by Judge John McBryde on 7/6/2010) (wrb) (Entered: 07/06/2010)
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| 44 |
Filed: 7/2/2010, Entered: None |
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Minute Entry for proceedings held before Judge John McBryde: Telephone Conference held on 7/2/2010. Pretrial conference currently scheduled for July 6 2010 is cancelled for the time being, subject to rescheduling if needed. Attorney Appearances: Plaintiff - David Pryor, Carolyn Ritchie; Defense - Margo Pave/Sanford Denison. (Court Reporter: Debbie Saenz) (No exhibits) Time in Court - :21. (wrb) (Entered: 07/06/2010)
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| 43 |
Filed: 6/24/2010, Entered: None |
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SETTLEMENT CONFERENCE REPORT filed by BNSF Railway Company, Brotherhood of Locomotive Engineers & Trainmen, United Transportation Union. (wrb) (Entered: 06/24/2010)
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| 42 |
Filed: 5/26/2010, Entered: None |
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BLET'S Second Supplemental Appendix in Support filed by Brotherhood of Locomotive Engineers & Trainmen of 41 Reply Brief in Support of Motion of Summary Judgment (wrb) (Entered: 05/27/2010)
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| 41 |
Filed: 5/26/2010, Entered: None |
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Reply Brief in Support filed by Brotherhood of Locomotive Engineers & Trainmen re 21 MOTION for Summary Judgment (wrb) (Entered: 05/27/2010)
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| 40 |
Filed: 5/26/2010, Entered: None |
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UTU's REPLY BRIEF to BLET'S Response to UTU'S 24 Motion for Summary Judgment (wrb) Modified on 5/28/2010 (wrb). (Entered: 05/27/2010)
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| 39 |
Filed: 5/26/2010, Entered: None |
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REPLY filed by BNSF Railway Company Supporting Its 26 MOTION for Summary Judgment (wrb) (Entered: 05/27/2010)
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| 38 |
Filed: 5/12/2010, Entered: None |
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Brief filed by Brotherhood of Locomotive Engineers & Trainmen in support of its 37 Opposition to Motion for Summary Judgment Filed by BNSF Railway Company and in support of its opposition to Motion for Summary Judgment Filed by United Transportation Union (wrb) (Entered: 05/13/2010)
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| 37 |
Filed: 5/12/2010, Entered: None |
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OPPOSITION filed by Brotherhood of Locomotive Engineers & Trainmen to Plaintiff BNSF Railway Company's 26 MOTION for Summary Judgment (wrb) (Entered: 05/13/2010)
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| 36 |
Filed: 5/12/2010, Entered: None |
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OPPOSITION filed by Brotherhood of Locomotive Engineers & Trainmen TO United Transportation Union's 24 MOTION for Summary Judgment (wrb) (Entered: 05/13/2010)
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| 35 |
Filed: 5/12/2010, Entered: None |
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Brief filed by BNSF Railway Company to Defendant Brotherhood 34 Response to Defendant Brotherhood of Locomotive Engineers and Trainmen's Motion for Summary Judgment (wrb) Modified on 5/14/2010 (krg). (Entered: 05/13/2010)
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| 34 |
Filed: 5/12/2010, Entered: None |
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RESPONSE filed by BNSF Railway Company to Defendant Brotherhood of Locomotive Engineers and Trainmen's 21 MOTION for Summary Judgment (wrb) (Entered: 05/13/2010)
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| 33 |
Filed: 5/12/2010, Entered: None |
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Brief filed by United Transportation Union in 32 Response to BLET's Motion for Summary Judgment (wrb) (Entered: 05/13/2010)
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| 32 |
Filed: 5/12/2010, Entered: None |
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RESPONSE filed by United Transportation Union to BLET'S 21 MOTION for Summary Judgment (wrb) (Entered: 05/13/2010)
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| 31 |
Filed: 4/22/2010, Entered: None |
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Parties Joint Appendix filed by BNSF Railway Company, Brotherhood of Locomotive Engineers & Trainmen, United Transportation Union (spiral-bound, tabbed, unscanned, 1 vol) (wrb) (Entered: 04/23/2010)
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| 30 |
Filed: 4/22/2010, Entered: None |
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Order Unfiling 29 Appendix in Support filed by United Transportation Union, Brotherhood of Locomotive Engineers & Trainmen due to the following deficiency: not spiral bound nor in manageable form as required by language contained on page 6 of the Dec 29 2009 order. The court is unfiling and striking the group of papers filed by the parties on Apr 21 2010 with a cover page showing the title "Parties' Joint Appendix". If the parties wish to retrieve the original and copy of the unfiled document, they are at liberty to do so from the office of the clerk of court by 2pm Apr 26 2010. If not retrieved by then, the documents will be disposed of by the clerk. If the parties wish to file an appropriately bound joint appendix for consideration with the pending motions for summary judgment, they shall do by 2pm Apr 26 2010. (Ordered by Judge John McBryde on 4/22/2010) (wrb) (Entered: 04/22/2010)
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| 29 |
Filed: 4/21/2010, Entered: None |
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[unfiled per order of Apr 22 2010] Parties' Joint Appendix in Support filed by Brotherhood of Locomotive Engineers & Trainmen, United Transportation Union (dld)(NOD) NOT IMAGED Modified on 4/22/2010 (wrb). (Entered: 04/21/2010)
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| 28 |
Filed: 4/21/2010, Entered: None |
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Appendix in Support filed by BNSF Railway Company re 26 MOTION for Summary Judgment (dld) (Entered: 04/21/2010)
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| 27 |
Filed: 4/21/2010, Entered: None |
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Brief in Support filed by BNSF Railway Company re 26 MOTION for Summary Judgment (dld) (Entered: 04/21/2010)
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| 26 |
Filed: 4/21/2010, Entered: None |
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MOTION for Summary Judgment filed by BNSF Railway Company (dld) (Entered: 04/21/2010)
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| 25 |
Filed: 4/21/2010, Entered: None |
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Memorandum Brief in Support filed by United Transportation Union re 24 MOTION for Summary Judgment (krg) (Entered: 04/21/2010)
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| Save 25% on a pre-paid one year subscription. |
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| 24 |
Filed: 4/21/2010, Entered: None |
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MOTION for Summary Judgment filed by United Transportation Union (krg) (Entered: 04/21/2010)
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| 23 |
Filed: 4/21/2010, Entered: None |
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Supplemental Appendix in Support filed by Brotherhood of Locomotive Engineers & Trainmen re 21 MOTION for Summary Judgment (krg) (Entered: 04/21/2010)
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| 22 |
Filed: 4/21/2010, Entered: None |
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Memorandum of Points and Authorities in Support filed by Brotherhood of Locomotive Engineers & Trainmen re 21 MOTION for Summary Judgment (krg) (Entered: 04/21/2010)
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| 21 |
Filed: 4/21/2010, Entered: None |
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MOTION for Summary Judgment filed by Brotherhood of Locomotive Engineers & Trainmen (krg) (Entered: 04/21/2010)
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| 20 |
Filed: 2/11/2010, Entered: None |
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ANSWER to Counterclaim filed by Brotherhood of Locomotive Engineers & Trainmen. Related document: 15 Answer to Counterclaim,, COUNTERCLAIM against BNSF Railway Company filed by Brotherhood of Locomotive Engineers & Trainmen (Rozen, Yona) (Entered: 02/11/2010)
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| 19 |
Filed: 2/1/2010, Entered: None |
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ORDER SETTING SCHEDULE AND PROVIDING SPECIAL PRETRIAL INSTRUCTIONS; Amended Pleadings due by 4/19/2010. Discovery due by 6/14/2010. Pretrial Conference set for 7/6/2010 10:30 AM before Judge John McBryde. Joinder of Parties due by 4/5/2010. Docket Call set for 8/23/2010 09:00 AM before Judge John McBryde. (Ordered by Judge John McBryde on 2/1/2010) (wrb) (Entered: 02/01/2010)
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| 18 |
Filed: 1/28/2010, Entered: None |
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JOINT STATUS REPORT filed by BNSF Railway Company, United Transportation Union, Brotherhood of Locomotive Engineers & Trainmen. (krg) (Entered: 01/28/2010)
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| 17 |
Filed: 1/25/2010, Entered: None |
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NOTICE of Appearance of Co-Counsel by Carolyn Ritchie on behalf of BNSF Railway Company. (wrb) (Entered: 01/25/2010)
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| 16 |
Filed: 1/21/2010, Entered: None |
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CERTIFICATE OF INTERESTED PERSONS by United Transportation Union. (wrb) (Entered: 01/21/2010)
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| 15 |
Filed: 1/21/2010, Entered: None |
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United Transportation Union's ANSWER to 6 Counterclaim/Cross-Petition for Enforcement and United Transportation Union's COUNTERCLAIM (wrb) (Entered: 01/21/2010)
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| 14 |
Filed: 1/21/2010, Entered: None |
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ORDER granting United Transportation Union's 12 Motion to Intervene (Ordered by Judge John McBryde on 1/21/2010) (wrb) (Entered: 01/21/2010)
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| 13 |
Filed: 1/19/2010, Entered: None |
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Memorandum in Support filed by United Transportation Union re 12 MOTION to Intervene (wrb) (Entered: 01/19/2010)
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| 12 |
Filed: 1/19/2010, Entered: None |
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Unopposed MOTION to Intervene filed by United Transportation Union (wrb) (Entered: 01/19/2010)
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| 11 |
Filed: 1/12/2010, Entered: None |
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ANSWER to 6 Defendant BLET's Counterclaim/Cross-Petition for Enforcement filed by BNSF Railway Company (wrb) Modified on 1/12/2010 (wrb). (Entered: 01/12/2010)
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| 10 |
Filed: 1/12/2010, Entered: None |
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ORDER granting 9 Application for Admission Pro Hac Vice. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge John McBryde on 1/12/2010) (wrb) cy to Pave (Entered: 01/12/2010)
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| 9 |
Filed: 1/11/2010, Entered: None |
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Application for Admission Pro Hac Vice of Attorney Margo Pave (Filing fee $25; Receipt number FW10336) filed by Brotherhood of Locomotive Engineers & Trainmen (wrb) (Entered: 01/12/2010)
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| 8 |
Filed: 12/29/2009, Entered: None |
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ORDER: Joint Status Report due by 4:00 p.m. on 1/28/2010. [see order for specifics] (Ordered by Judge John McBryde on 12/29/2009) (cxb) (Entered: 12/29/2009)
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| 7 |
Filed: 12/28/2009, Entered: None |
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CERTIFICATE OF INTERESTED PERSONS by Brotherhood of Locomotive Engineers & Trainmen. (wrb) (Entered: 12/28/2009)
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| 6 |
Filed: 12/28/2009, Entered: None |
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ANSWER to 1 Complaint,, filed by Brotherhood of Locomotive Engineers & Trainmen, COUNTERCLAIM/Cross-Petition against BNSF Railway Company filed by Brotherhood of Locomotive Engineers & Trainmen (wrb) (Entered: 12/28/2009)
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| 5 |
Filed: 11/5/2009, Entered: None |
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WAIVER OF SERVICE OF SUMMONS Returned Executed as to Brotherhood of Locomotive Engineers & Trainmen. Waiver sent on 10/30/2009. Signed by Michael S Wolly (wrb) (Entered: 11/06/2009)
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| 4 |
Filed: 10/13/2009, Entered: None |
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Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 10/13/2009) (dld) (Entered: 10/13/2009)
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| 3 |
Filed: 10/13/2009, Entered: None |
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Summons Issued as to Brotherhood of Locomotive Engineers & Trainmen. (dld) (Entered: 10/13/2009)
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| 2 |
Filed: 10/12/2009, Entered: None |
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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by BNSF Railway Company. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) (Pryor, David) (Entered: 10/12/2009)
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Filed: 10/12/2009, Entered: None |
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COMPLAINT against Brotherhood of Locomotive Engineers & Trainmen filed by BNSF Railway Company. Clerk to issue summons(es). In each Notice of Electronic Filing the filer receives, the judge assignment is indicated in the subject line, and a link to the Judges Copy 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. (Filing fee $350; Receipt number 05390000000002944706) (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D) (Pryor, David) (Entered: 10/12/2009)
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