BLET General Committee of Adjustment BNSF v. BNSF Railway Company

Federal Civil Lawsuit Colorado District Court, Case No. 1:18-cv-00643
District Judge Michael E. Hegarty, presiding
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District Judge Michael E. Hegarty
Last Updated February 26, 2019 at 11:48 PM EST (6.9 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo BLET General Committee of Adjustment BNSF, Plaintiff

Represented by 1025 Connecticut Avenue, NW

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Michael Stephen Wolly +1 202 857 5000 +1 202 223 8417 mwolly@zwerdling.com

Represented by Buescher, Goldhammer, Kelman & Perera, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Ashley Kathryn Boothby +1 303 333 7751 +1 303 333 7758 aboothby@laborlawdenver.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Ellen M. Kelman +1 303 333 7751 +1 303 333 7758 ekelman@laborlawdenver.com
No Logo BLET General Committee of Adjustment BNSF (former &S/FW&D/CRI&P), Plaintiff

Represented by 1025 Connecticut Avenue, NW

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Michael Stephen Wolly +1 202 857 5000 +1 202 223 8417 mwolly@zwerdling.com

Represented by Buescher, Goldhammer, Kelman & Perera, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Ashley Kathryn Boothby +1 303 333 7751 +1 303 333 7758 aboothby@laborlawdenver.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Ellen M. Kelman +1 303 333 7751 +1 303 333 7758 ekelman@laborlawdenver.com
No Logo BLET General Committee of Adjustment BNSF - Montana Rail Link, Plaintiff

Represented by 1025 Connecticut Avenue, NW

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Michael Stephen Wolly +1 202 857 5000 +1 202 223 8417 mwolly@zwerdling.com

Represented by Buescher, Goldhammer, Kelman & Perera, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Ashley Kathryn Boothby +1 303 333 7751 +1 303 333 7758 aboothby@laborlawdenver.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Ellen M. Kelman +1 303 333 7751 +1 303 333 7758 ekelman@laborlawdenver.com
v.
No Logo BNSF Railway Company, Defendant

Represented by Burlington Northern and Santa Fe Railway Company

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Andrea L Hyatt +1 817 352 2249 +1 817 352 7790 andrea.hyatt@bnsf.com
ATTORNEY TO BE NOTICED David M Pryor +1 817 352 2286 +1 817 352 2399 david.pryor@bnsf.com
Attributes
Citation Section 28 U.S.C. § 1331
Nature of Suit 740 - Labor: Railway Labor Act
Timeline
  Entries (35) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 35 Filed: 6/14/2018, Entered: None Order on Motion to Amend/Correct/ModifyCourt Filing
MINUTE ORDER granting 32 Plaintiffs' Motion to Amend Judgment by Magistrate Judge Michael E. Hegarty on 6/14/2018. An Amended Order is issued with the requested changes contemporaneous with this minute order. [See 34 Amended Order] (tsher, ) (Entered: 06/14/2018)
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Legal Document (Payment Possibly Required) 34 Filed: 6/14/2018, Entered: None OrderCourt Filing
AMENDED ORDER by Magistrate Judge Michael E. Hegarty on 6/14/2018 denying 16 Motion for Status Quo Injunction and granting 19 Motion to Dismiss. (tsher, ) (Entered: 06/14/2018)
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Legal Document (Payment Possibly Required) 33 Filed: 6/14/2018, Entered: None Unknown Document Type
RESPONSE to 32 MOTION to Amend/Correct/Modify 31 Order on Motion for Permanent Injunction, Order on Motion to Dismiss filed by Defendant BNSF Railway Company. (Pryor, David) (Entered: 06/14/2018)
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Legal Document (Payment Possibly Required) 32 Filed: 6/14/2018, Entered: None
MOTION to Amend/Correct/Modify 31 Order on Motion for Permanent Injunction, Order on Motion to Dismiss by Plaintiffs BLET General Committee of Adjustment BNSF, BLET General Committee of Adjustment BNSF (former &S/FW&D/CRI&P), BLET General Committee of Adjustment BNSF - Montana Rail Link. (Attachments: # 1 Memorandum in Support of Motion to Amend Judgment, # 2 Order)(Kelman, Ellen) (Entered: 06/14/2018)
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Legal Document (Payment Possibly Required) 31 Filed: 6/6/2018, Entered: None Order on Motion for Permanent InjunctionCourt Filing
ORDER by Magistrate Judge Michael E. Hegarty on 6/6/2018 denying 16 Motion for Status Quo Injunction and granting 19 Motion to Dismiss. The Clerk of the Court is directed to close this case. (tsher, ) (Entered: 06/06/2018)
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Legal Document (Payment Possibly Required) 30 Filed: 5/25/2018, Entered: None Unknown Document Type
APPENDIX re 29 Brief in Support of Motion to Dismiss by Defendant BNSF Railway Company. (Attachments: # 1 Exhibit Declaration of Melissa Beasley Coke, # 2 Exhibit Article IX Notices svd on BLET re Galesburg super pool consolidation, # 3 Exhibit Article IX Notice svd on SMART TD re Denver super pool consolidation, # 4 Exhibit Corr from SMART TD Gen Chair re Denver super pool consolidation, # 5 Exhibit BLE v Burlington Northern Brd No 446 Award 1, # 6 Exhibit UTU v BNSF PLB 7442 Award 1, # 7 Exhibit BLE v UP PLB 3965 Award 1, # 8 Exhibit UTU v Burlington Northern PLB 4419 Award No 17)(Pryor, David) (Entered: 05/25/2018)
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Legal Document (Payment Possibly Required) 29 Filed: 5/25/2018, Entered: None Unknown Document Type
BRIEF in Support of 19 MOTION to Dismiss and Supporting Brief filed by Defendant BNSF Railway Company. (Pryor, David) (Entered: 05/25/2018)
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Legal Document (Payment Possibly Required) 28 Filed: 5/11/2018, Entered: None Unknown Document Type
BRIEF in Opposition to 19 MOTION to Dismiss and Supporting Brief filed by Plaintiffs BLET General Committee of Adjustment BNSF, BLET General Committee of Adjustment BNSF (former &S/FW&D/CRI&P), BLET General Committee of Adjustment BNSF - Montana Rail Link. (Wolly, Michael) (Entered: 05/11/2018)
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Legal Document (Payment Possibly Required) 27 Filed: 5/11/2018, Entered: None Unknown Document Type
REPLY to Response to 16 MOTION for Permanent Injunction filed by Plaintiffs BLET General Committee of Adjustment BNSF, BLET General Committee of Adjustment BNSF (former &S/FW&D/CRI&P), BLET General Committee of Adjustment BNSF - Montana Rail Link. (Attachments: # 1 Affidavit Declaration of Troy Johnson, # 2 Exhibit Public Law Board 7858 Award, # 3 Exhibit BNSF Request of Interpretation, # 4 Exhibit Public Law Board 7858 Interpretation, # 5 Affidavit Second Declaration of Alan Holdcraft)(Wolly, Michael) (Entered: 05/11/2018)
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Legal Document (Payment Possibly Required) 26 Filed: 5/9/2018, Entered: None Minute OrderCourt Filing
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 5/9/2018. Scheduling Conference VACATED and RESET to 6/14/2018 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, ) (Entered: 05/09/2018)
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Legal Document (Payment Possibly Required) 25 Filed: 4/25/2018, Entered: None Unknown Document TypeCourt Filing
MINUTE ORDER granting 24 Plaintiffs Unopposed Motion for Extension of Time (Renewed) by Magistrate Judge Michael E. Hegarty on 04/25/2018. Plaintiffs shall file their response to Defendants Motion to Dismiss and their reply in support of their Motion for Preliminary Injunction on or before 5/11/2018. (mdave, ) (Entered: 04/25/2018)
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Legal Document (Payment Possibly Required) 24 Filed: 4/25/2018, Entered: None Unknown Document Type
Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss and Supporting Brief, 16 MOTION for Permanent Injunction (Renewed) by Plaintiffs BLET General Committee of Adjustment BNSF, BLET General Committee of Adjustment BNSF (former &S/FW&D/CRI&P), BLET General Committee of Adjustment BNSF - Montana Rail Link. (Attachments: # 1 Proposed Order (PDF Only))(Wolly, Michael) (Entered: 04/25/2018)
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Legal Document (Payment Possibly Required) 23 Filed: 4/24/2018, Entered: None Unknown Document TypeCourt Filing
MINUTE ORDER denying 22 Plaintiffs' Unopposed Motion for Extension of Time by Magistrate Judge Michael E. Hegarty on 4/24/2018. (tsher, ) (Entered: 04/24/2018)
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Legal Document (Payment Possibly Required) 22 Filed: 4/23/2018, Entered: None Unknown Document Type
Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss and Supporting Brief, 16 MOTION for Permanent Injunction by Plaintiffs BLET General Committee of Adjustment BNSF, BLET General Committee of Adjustment BNSF (former &S/FW&D/CRI&P), BLET General Committee of Adjustment BNSF - Montana Rail Link. (Attachments: # 1 Proposed Order (PDF Only))(Wolly, Michael) (Entered: 04/23/2018)
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Legal Document (Payment Possibly Required) 21 Filed: 4/17/2018, Entered: None Unknown Document Type
RESPONSE to 16 MOTION for Permanent Injunction filed by Defendant BNSF Railway Company. (Pryor, David) (Entered: 04/17/2018)
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Legal Document (Payment Possibly Required) 20 Filed: 4/17/2018, Entered: None Unknown Document Type
APPENDIX First Evidentiary Record by Defendant BNSF Railway Company. (Attachments: # 1 Exhibit Declaration of Milton Siegele, # 2 Exhibit Article IX 1986 BLET-BNSF Natl Agmt, # 3 Exhibit June 19 2017 Denver ID Ntc to BLET, # 4 Exhibit Summary of Collective Bargaining Agmt, # 5 Exhibit BLET Labor Protection Claim March 5 2018, # 6 Exhibit Holdcraft Email to Ringstad Oct 15 2017, # 7 Exhibit BNSF v UTU PLB 6497, # 8 Exhibit BNSF v BLE SBA 6741, # 9 Exhibit UTU v CSX PLB 7285, # 10 Exhibit Implementing Agmts, # 11 Exhibit BNSF v BLET 3:12-cv-1419)(Pryor, David) (Entered: 04/17/2018)
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Legal Document (Payment Possibly Required) 19 Filed: 4/17/2018, Entered: None Unknown Document Type
MOTION to Dismiss and Supporting Brief by Defendant BNSF Railway Company. (Attachments: # 1 Proposed Order (PDF Only))(Pryor, David) (Entered: 04/17/2018)
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Legal Document (Payment Possibly Required) 18 Filed: 4/3/2018, Entered: None Unknown Document Type
STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant BNSF Railway Company. BNSF Railway Company answer due 4/17/2018. (Pryor, David) (Entered: 04/03/2018)
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Legal Document (Payment Possibly Required) 17 Filed: 3/28/2018, Entered: None Unknown Document TypeCourt Filing
ORDER OF REFERENCE Upon Consent to Jurisdiction of Magistrate Judge: Pursuant to the parties' consent 14 and 28 USC 636(c), this case is referred to Magistrate Judge Hegarty to fully preside over for all purposes. By Chief Judge Marcia S. Krieger on 3/28/18. Text Only Entry (msklc2, ) (Entered: 03/28/2018)
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Legal Document (Payment Possibly Required) 16 Filed: 3/27/2018, Entered: None Unknown Document Type
MOTION for Permanent Injunction by Plaintiffs BLET General Committee of Adjustment BNSF, BLET General Committee of Adjustment BNSF (former &S/FW&D/CRI&P), BLET General Committee of Adjustment BNSF - Montana Rail Link. (Attachments: # 1 Declaration of B.J. Brown, # 2 Exhibit 1 - Declaration of B.J. Brown, # 3 Exhibit 2 - Declaration of B.J. Brown, # 4 Exhibit 3 - Declaration of B.J. Brown, # 5 Declaration of J.A. Holdcraft, # 6 Exhibit 1 - Declaration of J.A. Holdcraft, # 7 Exhibit 2 - Declaration of J.A. Holdcraft, # 8 Exhibit 3 - Declaration of J.A. Holdcraft, # 9 Exhibit 4 - Declaration of J.A. Holdcraft, # 10 Exhibit 5 - Declaration of J.A. Holdcraft, # 11 Exhibit 6 - Declaration of J.A. Holdcraft, # 12 Declaration of Jerry LaPrath, # 13 Exhibit 1 - Declaration of Jerry LaPrath, # 14 Exhibit 2 - Declaration of Jerry LaPrath, # 15 Exhibit 3 - Declaration of Jerry LaPrath, # 16 Exhibit 4 - Declaration of Jerry LaPrath, # 17 Exhibit 5 - Declaration of Jerry LaPrath, # 18 Proposed Order (PDF Only))(Kelman, Ellen) (Entered: 03/27/2018)
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Legal Document (Payment Possibly Required) 15 Filed: 3/27/2018, Entered: None Unknown Document Type
NOTICE of Entry of Appearance by Andrea L. Hyatt on behalf of BNSF Railway CompanyAttorney Andrea L. Hyatt added to party BNSF Railway Company(pty:dft) (Hyatt, Andrea) (Entered: 03/27/2018)
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Legal Document (Payment Possibly Required) 14 Filed: 3/27/2018, Entered: None Unknown Document TypeCourt Filing
CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs BLET General Committee of Adjustment BNSF, BLET General Committee of Adjustment BNSF (former &S/FW&D/CRI&P), BLET General Committee of Adjustment BNSF - Montana Rail Link All parties consent.. (Kelman, Ellen) (Entered: 03/27/2018)
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Legal Document (Payment Possibly Required) 13 Filed: 3/27/2018, Entered: None Unknown Document TypeCourt Filing
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 03/27/2018. Consent Form due by 5/4/2018. (mdave, ) (Entered: 03/27/2018)
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Legal Document (Payment Possibly Required) 12 Filed: 3/26/2018, Entered: None Unknown Document Type
NOTICE of Entry of Appearance by David M. Pryor on behalf of BNSF Railway CompanyAttorney David M. Pryor added to party BNSF Railway Company(pty:dft) (Pryor, David) (Entered: 03/26/2018)
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Legal Document (Payment Possibly Required) 11 Filed: 3/23/2018, Entered: None Unknown Document Type
AMENDED COMPLAINT against BNSF Railway Company, filed by BLET General Committee of Adjustment BNSF, BLET General Committee of Adjustment BNSF (former &S/FW&D/CRI&P), BLET General Committee of Adjustment BNSF - Montana Rail Link. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kelman, Ellen) (Entered: 03/23/2018)
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Legal Document (Payment Possibly Required) 10 Filed: 3/22/2018, Entered: None Unknown Document Type
DISREGARD AMENDED COMPLAINT against BNSF Railway Co. (Kelman, Ellen) Modified on 3/23/2018 to correct docket text and to disregard complaint due to filing error (tsher, ). (Entered: 03/22/2018)
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Legal Document (Payment Possibly Required) 9 Filed: 3/22/2018, Entered: None Unknown Document Type
NOTICE of Filing Amended Pleading (Complaint) by Plaintiffs BLET General Committee of Adjustment BNSF, BLET General Committee of Adjustment BNSF (former &S/FW&D/CRI&P), BLET General Committee of Adjustment BNSF - Montana Rail Link (Attachments: # 1 Exhibit)(Kelman, Ellen) (Entered: 03/22/2018)
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Legal Document (Payment Possibly Required) 8 Filed: 3/21/2018, Entered: None Unknown Document TypeCourt Filing
MINUTE ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Michael E. Hegarty on 03/21/2018. Scheduling Conference set for 5/16/2018 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. It is ORDERED that the Plaintiffs shall notify all parties who have not entered an appearance of the date and time of the Scheduling Conference. (mdave, ) (Entered: 03/21/2018)
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Legal Document (Payment Possibly Required) 7 Filed: 3/20/2018, Entered: None Unknown Document Type
NOTICE of Entry of Appearance by Ashley Kathryn Boothby on behalf of BLET General Committee of Adjustment BNSF, BLET General Committee of Adjustment BNSF (former &S/FW&D/CRI&P), BLET General Committee of Adjustment BNSF - Montana Rail LinkAttorney Ashley Kathryn Boothby added to party BLET General Committee of Adjustment BNSF(pty:pla), Attorney Ashley Kathryn Boothby added to party BLET General Committee of Adjustment BNSF (former &S/FW&D/CRI&P)(pty:pla), Attorney Ashley Kathryn Boothby added to party BLET General Committee of Adjustment BNSF - Montana Rail Link(pty:pla) (Boothby, Ashley) (Entered: 03/20/2018)
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Legal Document (Payment Possibly Required) 6 Filed: 3/20/2018, Entered: None Unknown Document TypeCourt Filing
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rvill, ) (Entered: 03/20/2018)
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Legal Document (Payment Possibly Required) 5 Filed: 3/19/2018, Entered: None Unknown Document TypeCourt Filing
Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (rvill, ) (Entered: 03/20/2018)
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Legal Document (Payment Possibly Required) 4 Filed: 3/19/2018, Entered: None Unknown Document Type
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 1 Complaint filed by attorneys Michael S. Wolly and Ellen M. Kelman. The s/signatures did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (rvill, ) (Entered: 03/19/2018)
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Legal Document (Payment Possibly Required) 3 Filed: 3/19/2018, Entered: None Unknown Document Type
NOTICE of Entry of Appearance by Michael Stephen Wolly on behalf of BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF, BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF (former &S/FW&D/CRI&P), BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF (former B&Q/GN/NP/SP&S) MONTANA RAIL LINKAttorney Michael Stephen Wolly added to party BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF(pty:pla), Attorney Michael Stephen Wolly added to party BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF (former &S/FW&D/CRI&P)(pty:pla), Attorney Michael Stephen Wolly added to party BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF (former B&Q/GN/NP/SP&S) MONTANA RAIL LINK(pty:pla) (Wolly, Michael) (Entered: 03/19/2018)
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Legal Document (Payment Possibly Required) 2 Filed: 3/19/2018, Entered: None Unknown Document Type
NOTICE of Entry of Appearance by Ellen M. Kelman on behalf of BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF, BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF (former &S/FW&D/CRI&P), BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF (former B&Q/GN/NP/SP&S) MONTANA RAIL LINKAttorney Ellen M. Kelman added to party BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF(pty:pla), Attorney Ellen M. Kelman added to party BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF (former &S/FW&D/CRI&P)(pty:pla), Attorney Ellen M. Kelman added to party BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF (former B&Q/GN/NP/SP&S) MONTANA RAIL LINK(pty:pla) (Kelman, Ellen) (Entered: 03/19/2018)
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Legal Document (Payment Possibly Required) 1 Filed: 3/19/2018, Entered: None Unknown Document Type
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against BNSF Railway Co. (Filing fee $ 400,Receipt Number 1082-6001992)Attorney Ashley Kathryn Boothby added to party BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF(pty:pla), Attorney Ashley Kathryn Boothby added to party BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF (former &S/FW&D/CRI&P)(pty:pla), Attorney Ashley Kathryn Boothby added to party BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF (former B&Q/GN/NP/SP&S) MONTANA RAIL LINK(pty:pla), filed by BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF, BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF (former &S/FW&D/CRI&P), BLET GENERAL COMMITTEE OF ADJUSTMENT BNSF (former B&Q/GN/NP/SP&S) MONTANA RAIL LINK. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Boothby, Ashley) (Entered: 03/19/2018)
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